Equitable Restrooms Act.

1. Law
2. Illinois Compiled Statutes
3. PUBLIC HEALTH
4. Equitable Restrooms Act.

(410 ILCS 35/1) (from Ch. 111 1/2, par. 3751-1)

Sec. 1. Short title. This Act may be cited as the Equitable Restrooms Act.

(Source: P.A. 87-472.)

 

(410 ILCS 35/5) (from Ch. 111 1/2, par. 3751-5)

Sec. 5. Legislative finding. The General Assembly finds that an inequitable situation occurs due to delays which women face in the use of restroom facilities when men are rarely required to wait for the same purpose. Rectifying this inequitable situation is a matter of serious public concern. This Act shall be liberally construed toward that end.

(Source: P.A. 87-472.)

 

(410 ILCS 35/10) (from Ch. 111 1/2, par. 3751-10)

Sec. 10. Definition. As used in this Act, "place of public accommodation" means a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility or a special event center in a public park. This definition does not include hotels, restaurants or schools.

(Source: P.A. 87-472.)

 

(410 ILCS 35/15) (from Ch. 111 1/2, par. 3751-15)

Sec. 15. Specifications. A place of public accommodation shall be equipped with the following facilities:

• (1) At least one women's toilet stall for every 200 persons in the maximum legal capacity of the place of public accommodation.
• (2) At least one men's toilet stall for every 700 persons in the maximum legal capacity of the place of public accommodation.
• (3) At least one men's urinal for every 250 persons in the maximum legal capacity of the place of public accommodation.

(Source: P.A. 87-472.)

 

(410 ILCS 35/18)

Sec. 18. Baby changing stations.

(a) As used in this Section:

"Public building" means:

• (1) a place of public accommodation, as that term is defined in Section 10;
• (2) a State building open to the public;
• (3) a retail store of more than 5,000 square feet that contains a restroom open to the public; or
• (4) a restaurant that meets the following criteria: (A) the restaurant has an occupancy of at least 60 persons, as determined by the local fire department, fire protection district, building permitting entity, or building inspector; (B) the restaurant contains a restroom that is open to the public; and (C) the restaurant's entrance is not within 300 feet of a centrally located facility with a baby diaper changing station that is open to the public.

"Restaurant" means a business having sales of ready-to-eat food for immediate consumption comprising at least 51% of the total sales, excluding the sale of liquor.

(b) Every public building with restrooms open and accessible to the public shall have:

• (1) at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to women entering a restroom provided for use by women and at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to men entering a restroom provided for use by men; or
• (2) at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to both men and women.

This requirement is in addition to any accommodations that may be made for individuals in accordance with any local, State, or federal laws regarding access for persons with disabilities and to existing fire, health, and safety codes or standards.

(c) Subsection (b) does not apply to the following:

• (1) An industrial building, nightclub, or bar that does not permit anyone who is under 18 years of age to enter the premises.
• (2) A restroom located in a health facility, if the restroom is intended for the use of one patient or resident at a time.
• (3) A renovation, if a local building permitting entity or building inspector determines that the installation of a baby diaper changing station is not feasible or would result in a failure to comply with applicable building standards governing the right of access for persons with disabilities. The permitting entity or building inspector may grant an exemption from the requirements of this subsection under those circumstances.

(d) A public restroom that is open and accessible to the public and includes a baby diaper changing station shall include signage at or near the entrance to the baby changing station indicating the location of the baby diaper changing station.

(e) This Section shall not be enforceable by a private right of action.

(Source: P.A. 101-293, eff. 1-1-20; 101-602, eff. 1-1-20.)

 

(410 ILCS 35/20) (from Ch. 111 1/2, par. 3751-20)

Sec. 20. Application. Except for Section 25, this Act applies only to places of public accommodation that commence construction, or that commence alterations exceeding 50% of the entire place of public accommodation, after the effective date of this Act.

(Source: P.A. 101-165, eff. 1-1-20.)

 

(410 ILCS 35/25)

Sec. 25. All-gender single-occupancy restrooms.

(a) In this Section:

"Place of public accommodation" has the same meaning provided in Section 5-101 of the Illinois Human Rights Act.

"Single-occupancy restroom" means a fully enclosed room, with a locking mechanism controlled by the user, containing a sink, toilet stall, and no more than one urinal.

(b) This Section applies to any existing or future places of public accommodation or public buildings.

(c) Notwithstanding any other provision of law, every single-occupancy restroom in a place of public accommodation or public building shall be identified as all-gender and designated for use by no more than one person at a time or for family or assisted use. Each single-occupancy restroom shall be outfitted with exterior signage that marks the single-occupancy restroom as a restroom and does not indicate any specific gender.

(d) During any inspection of a place of public accommodation or public building by a health officer or health inspector, the health officer or health inspector may inspect the place of public accommodation or public building to determine whether it complies with this Section.

(e) The Department of Public Health shall adopt rules to implement this Section.

(Source: P.A. 101-165, eff. 1-1-20.)

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