House Bill 1048

AN ACT TO AMEND SECTION 43-6-113, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH PUBLIC BUILDING UNDER THE POWER AND CONTROL OF THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS, AS WELL AS ANY PRIVATE OR COMMERCIAL BUSINESS THAT IS OPEN TO THE PUBLIC FOR ASSEMBLY OR AMUSEMENT PURPOSES AND CONSTRUCTED ON OR AFTER JULY 1, 2023, TO HAVE AT LEAST ONE RESTROOM FACILITY LOCATED THEREIN WITH AN ADULT CHANGING STATION FOR PERSONS WITH PHYSICAL DISABILITIES; TO REQUIRE SUCH BUILDINGS THAT WERE CONSTRUCTED BEFORE JULY 1, 2023, TO INSTALL AND MAINTAIN AN ADULT CHANGING STATION BY JANUARY 1, 2026; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-6-113, Mississippi Code of 1972, is amended as follows:

43-6-113. (1) An appropriate number of * * *~~toilet rooms~~ restrooms shall be accessible to, and usable by, the physically handicapped and shall have space to allow traffic of individuals in wheelchairs.

(2) * * *~~Toilet rooms~~ Restrooms for each sex shall have at least one (1) toilet stall that: (a) is three (3ꞌ) feet wide; (b) is at least four (4ꞌ) feet eight (8") inches, preferably five (5') feet deep; (c) has a door (where doors are used) that is thirty-two (32") inches wide and swings out; (d) has handrails on each side, thirty-three (33") inches high and parallel to the floor, one and one-half (1½") inches in outside diameter, with one and one-half (1½) inches clearance between rail and wall, and fastened securely at ends and center; and (e) has a water closet with the seat twenty (20") inches from the floor.

(3) * * *~~Such toilet rooms~~ Restrooms shall have at least one (1) lavatory with a narrow apron, which when mounted at standard height is usable by individuals in wheelchairs, or shall have lavatories mounted higher, when particular designs demand, so that they are usable by individuals in wheelchairs.

(4) Mirrors and shelves shall be provided above such lavatory at a height as low as practicable and no higher than forty (40") inches above the floor, measured from the top of the shelf and the bottom of the mirror.

(5) * * *~~Toilet rooms~~ Restrooms for men which have wall-mounted urinals shall have an appropriate number of such urinals with the opening of the basin nineteen (19") inches from the floor, or shall have floor-mounted urinals that are on level with the main floor of the * * *~~toilet room~~ restroom.

(6) * * *~~Toilet rooms~~ Restrooms shall have an appropriate number of towel racks, towel dispensers, and other dispensers and disposal units mounted with openings of dispensers or receptacles no higher than forty (40") inches from the floor.

(7) Each public building under the power and control of the state or any of its political subdivisions, as well as any private or commercial business that is open to the public for assembly or amusement purposes constructed on or after July 1, 2023, shall have at least one (1) restroom facility located therein with an adult changing station for persons with physical disabilities, which is accessible to both men and women. By January 1, 2026, each public building, private or commercial business that is open to the public for assembly or amusement purposes, which was constructed before July 1, 2023, shall install and maintain an adult changing station for persons with physical disabilities, which is accessible to both men and women. The adult changing station shall meet all of the following requirements:

(a) (i) Has conspicuous signage at the entrance of each adult changing station indicating the location of the station; and

(ii) If there is a central directory, the directory shall indicate the location of the adult changing station;

(b) Has a table with a weight capacity of at least four hundred (400) pounds;

(c) Has a table with a minimum length of at least seventy-two (72) inches and a minimum width of at least eighteen (18) inches from the wall;

(d) Has a table that sits at a minimum height of eighteen (18) inches from the floor;

(e) Is located in an enclosed area of the restroom that fits the table in an open position that accommodates a wheelchair and a caregiver.

(8) For purposes of this section, the following terms shall have the meaning ascribed in this subsection, unless the context clearly requires otherwise:

(a) "Adult changing station" means an area in which an adult changing table has been placed within an enclosed restroom facility that is for use by persons with physical disabilities who are in need of assistance with diapering.

(b) "Adult changing table" means a wall mounted, folding ergonomic table for the special needs diapering of adults.

(c) "Place of public assembly or amusement" means an auditorium, convention center, cultural complex, exhibition hall, permanent amusement park structure, sports arena or theater or movie house that has a minimum occupancy capacity of five hundred (500) people.

(d) "Physical disability" means a permanent physical disability, mental illness or intellectual disability as defined in the Americans with Disabilities Act of 1990, as amended.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.