(a) Any public building that is a place of public accommodation that installs a diaper-changing station in a restroom must ensure the accommodation is equally available or provided regardless of the gender for which the restroom is designed.

(b) This section shall apply to:

(1) Restrooms constructed on or after January 1, 2023; or

(2) Restrooms existing on or before January 1, 2023, which undergo substantial renovation. “Substantial renovation” for purposes of this subsection means a construction or renovation project requiring a building permit with an estimated cost of $10,000 or more.

(c) This section shall not apply to:

(1) An industrial building or to a nightclub or bar that does not permit anyone who is under 18 years of age to enter the premises.

(2) Restrooms located in a health facility if the restroom is intended for the use of 1 patient or resident at a time.

83 Del. Laws, c. 452, § 1;