First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0047.03 Jessica Herrera x4218
HOUSE BILL 23-1057
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT THAT CERTAIN PUBLIC BUILDINGS HAVE101
RESTROOMS WITH AMENITIES FOR ALL
GENDERS, AND, IN102
CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Effective January 1, 2024, the bill requires each newly constructed
public building and each public building in which restroom renovations
are estimated to cost $10,000 or more that is wholly or partly owned by
the state, a county, or a local municipality to:
SENATE
3rd Reading Unamended
May 5, 2023
SENATE
Amended 2nd Reading
May 4, 2023
HOUSE
3rd Reading Unamended
April 24, 2023
HOUSE
3rd Reading Unamended
April 24, 2023
HOUSE
Amended 2nd Reading
April 21, 2023
HOUSE SPONSORSHIP
McCormick and Vigil, Amabile, Bacon, Boesenecker, Brown, deGruy Kennedy, Dickson,
English, Epps, Froelich, Garcia, Gonzales-Gutierrez, Jodeh, Kipp, Lindsay, Lindstedt,
Mabrey, Martinez, McLachlan, Michaelson Jenet, Ortiz, Parenti, Ricks, Sharbini, Sirota,
Story, Titone, Valdez, Velasco, Weissman, Willford
SENATE SPONSORSHIP
Jaquez Lewis, Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Fenberg, Fields,
Ginal, Gonzales, Hansen, Hinrichsen, Kolker, Marchman, Moreno, Mullica, Priola, Roberts,
Rodriguez, Sullivan, Winter F., Zenzinger
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! Provide a non-gendered restroom facility or a multi-stall
non-gendered facility on each floor where restrooms are
available;
! Ensure that all single-stall restrooms are not designated for
exclusive use by any specific gender;
! Allow for the use of multi-stall restrooms by any gender if
certain facility features are met under the 2021
International Plumbing Code; and
! Provide at least one safe, sanitary, and convenient baby
diaper changing station that is accessible to the public on
each floor where there is a public restroom in each
gender-specific restroom, non-gendered multi-stall
restroom, and non-gendered single-stall restroom.
The bill also requires each newly constructed public building and
each public building in which restroom renovations are estimated to cost
$10,000 or more that is wholly or partly owned by the state, a county, or
a local municipality to include signage indicating the presence of a baby
diaper changing station with a pictogram that is void of gender in all
restrooms with baby diaper changing stations, in all non-gendered
restrooms, and in all single-stalled restrooms.
The bill also requires each newly constructed public building and
each public building in which restroom renovations are estimated to cost
$10,000 or more that is wholly or partly owned by the state, a county, or
a local municipalitiy to indicate in the central building directory, if such
a directory exists, the location of any baby diaper changing station and of
any non-gendered restroom.
The bill exempts the requirements of including a baby diaper
changing station in any restroom and any construction necessary to
comply with providing an accessible non-gendered restroom if the
requirement would result in failure to comply with applicable building
standards governing the right of access for individuals with disabilities.
The bill clarifies that an employee with a designated workplace in
a public building may undertake the complaint process for alleged
discriminatory or unfair practices including the failure to comply with
providing the required amenities to all genders, as required, with the
Colorado civil rights division charged with the enforcement of the
Colorado anti-discrimination act.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 5.7 to title2
9 as follows:3
ARTICLE 5.74
1057-2- Amenities For All Genders In Public Buildings1
9-5.7-101. Legislative declaration. (1) THE GENERAL ASSEMBLY2
FINDS AND DECLARES THAT:3
(a) IT IS A MATTER OF STATEWIDE CONCERN TO PROMOTE THE4
PUBLIC WELFARE BY PROVIDING ACCESS TO NON-GENDERED RESTROOM5
FACILITIES THAT ARE CONVENIENT FOR PEOPLE OF ALL GENDERS,6
INCLUDING THOSE OUTSIDE THE GENDER BINARY ;7
(b) THE LACK OF ADEQUATE RESTROOM FACILITIES LEADS TO8
UNSAFE AND INEQUITABLE CONDITIONS FOR COLORADO CHILDREN,9
FAMILIES, AND COMMUNITIES. EXPERTS FROM HEALTH PROVIDERS TO10
FAITH LEADERS, INCLUDING THE OCCUPATIONAL SAFETY AND HEALTH11
ADMINISTRATION, STRESS THE NEED FOR SINGLE OCCUPANCY12
NON-GENDERED RESTROOMS AND MULTIPLE -OCCUPANT OR13
MULTIPLE-STALLED NON-GENDERED RESTROOMS TO BE ACCESSIBLE FOR14
ALL EMPLOYEES AND INDIVIDUALS. THE LACK OF ACCESSIBILITY TO15
RESTROOM FACILITIES THAT ARE CONSISTENT WITH AN INDIVIDUAL'S16
GENDER IDENTITY SINGLES OUT THOSE INDIVIDUALS AND CAN RESULT IN17
EXPERIENCES OF HARASSMENT AND CAUSE THOSE INDIVIDUALS TO AVOID18
RESTROOMS ENTIRELY, WHICH CAN LEAD TO POTENTIALLY SERIOUS19
PHYSICAL INJURY OR ILLNESS. ACCESS TO NON-GENDERED RESTROOMS20
HAS FAR-REACHING BENEFITS FOR PARENTS CARING FOR A CHILD,21
INCLUDING PARENTS WITH YOUNG CHILDREN WHO NEED TO ACCESS A22
BABY DIAPER CHANGING STATION AND INDIVIDUALS WITH DISABILITIES23
WHO HAVE A CARETAKER OF A DIFFERENT GENDER TO ASSIST THEM .24
(c) MEN'S RESTROOMS AND SINGLE-STALL RESTROOMS TYPICALLY25
DO NOT PROVIDE BABY DIAPER CHANGING STATIONS . THIS CREATES26
ACCESSIBILITY INEQUITY FOR PARENTS AND CARE PROVIDERS WHO DO NOT27
1057
-3- IDENTIFY AS WOMEN OR WHO MAY NOT BE COMFORTABLE USING WOMEN'S1
RESTROOMS, AND CREATES POTENTIAL HEALTH AND SAFETY PROBLEMS2
FOR BABIES. WITHOUT CLEAN AND SAFE BABY DIAPER CHANGING3
STATIONS, THESE CARE PROVIDERS MAY BE FORCED TO RESORT TO UNSAFE4
AND UNSANITARY LOCATIONS, SUCH AS RESTROOM FLOORS, TO CHANGE5
BABIES' DIAPERS. REQUIRING EQUITABLE ACCESS TO AMENITIES IN PUBLIC6
RESTROOMS WOULD MAKE IT EASIER FOR PARENTS AND CARE PROVIDERS7
OF ALL GENDERS TO FIND A SAFE AND SUITABLE PLACE TO CHANGE BABIES'8
DIAPERS. PROVIDING SAFE, RELIABLE, AND CLEAN BABY DIAPER CHANGING9
STATIONS IN ALL RESTROOM FACILITIES ENABLES BETTER CARETAKING FOR10
INFANTS BY ALL PARENTS AND CARE PROVIDERS, AND SAFER CONDITIONS11
FOR INFANTS.12
(d) REQUIRING ALL SINGLE-STALL RESTROOMS TO BE DESIGNATED13
FOR USE BY ANY GENDER REDUCES WAIT TIMES AND INCREASES COMFORT14
AND ACCESSIBILITY FOR CARE PROVIDERS AND PEOPLE RECEIVING CARE,15
INDIVIDUALS WITH DIVERSE GENDER EXPRESSIONS , AND LGBT16
INDIVIDUALS. FOR LGBT INDIVIDUALS OR INDIVIDUALS WITH DIVERSE17
GENDER EXPRESSIONS, USING GENDERED FACILITIES CAN POSE HEALTH18
AND SAFETY ISSUES STEMMING FROM EXPERIENCES OF HARASSMENT AND19
PHYSICAL THREATS IN GENDERED FACILITIES REGARDLESS OF WHICH20
GENDERED FACILITY THEY USE OR THEIR PHYSICAL PRESENTATION . DUE21
TO THESE EXPERIENCES AND ASSOCIATED STIGMA, SOME PEOPLE AVOID22
USING PUBLIC RESTROOMS WHENEVER POSSIBLE AND MAY REFRAIN FROM23
EATING, DRINKING, OR RELIEVING THEMSELVES FOR EXTENDED PERIODS24
OF TIME IN ORDER TO AVOID GENDERED FACILITIES. DELAYING OR25
AVOIDING USING THE RESTROOM CAN HAVE PHYSICAL HEALTH26
IMPLICATIONS.27
1057
-4- (e) THE "INTERNATIONAL PLUMBING CODE", 2021 EDITION,1
REFERRED TO IN THIS ARTICLE 5.7 AS THE "I.P.C.", INCLUDES TWO2
AMENDMENTS REGARDING NON -GENDERED RESTROOMS. ONE AMENDMENT3
REQUIRES SIGNAGE ON SINGLE-STALL RESTROOMS TO INDICATE THAT THEY4
ARE OPEN TO ANY USER REGARDLESS OF GENDER . THE OTHER AMENDMENT5
ALLOWS THE CREATION OF NON-GENDERED MULTI-STALL DESIGNS WITH6
SHARED SINKS AND EACH TOILET IN A PRIVATE COMPARTMENT . 7
(f) THE I.P.C. ALSO REQUIRES THAT SINGLE-STALL RESTROOMS BE8
IDENTIFIED FOR USE BY ALL INDIVIDUALS REGARDLESS OF SEX AND9
ALLOWS FOR MULTI-USER FACILITIES TO SERVE ALL GENDERS. THE10
COLORADO STATE ARCHITECT ADOPTS CODES FOR CONSTRUCTION AT ALL11
STATE-OWNED BUILDINGS AND FACILITIES, AND HAS ADOPTED THE 202112
EDITION OF THE INTERNATIONAL BUILDING CODE .13
9-5.7-102. Definitions. AS USED IN THIS ARTICLE 5.7, UNLESS THE14
CONTEXT OTHERWISE REQUIRES :15
(1) "ACCESSIBLE TO THE PUBLIC" MEANS ANY INDOOR OR16
OUTDOOR SPACE OR AREA THAT IS OPEN TO THE PUBLIC. THIS DOES NOT17
INCLUDE PRIVATE OFFICES OR WORKSPACES THAT ARE GENERALLY NOT18
OPEN TO CUSTOMERS OR PUBLIC VISITORS .19
(2) "CERTIFIED HISTORIC STRUCTURE" MEANS A PROPERTY20
LOCATED IN COLORADO THAT HAS BEEN CERTIFIED BY THE STATE21
HISTORICAL SOCIETY OR AN ENTITY OTHER THAN THE OWNER OF THE22
PROPERTY THAT IS AUTHORIZED, PURSUANT TO SECTION 24-80.1-105 (1),23
TO NOMINATE PROPERTIES TO THE STATE REGISTER OF HISTORIC24
PROPERTIES AS A HISTORIC STRUCTURE BECAUSE IT HAS BEEN : 25
(a) LISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY26
IN A DISTRICT INCLUDED WITHIN, THE NATIONAL REGISTER OF HISTORIC27
1057
-5- PLACES;1
(b) LISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY2
IN A DISTRICT THAT IS INCLUDED WITHIN, THE STATE REGISTER OF3
HISTORIC PROPERTIES PURSUANT TO ARTICLE 80.1 OF TITLE 24.; OR4
(c) LISTED INDIVIDUALLY BY, OR AS A CONTRIBUTING PROPERTY5
WITHIN A DESIGNATED HISTORIC DISTRICT OF , A CERTIFIED LOCAL6
GOVERNMENT.7
(3) "GENDER-SPECIFIC RESTROOM" MEANS A RESTROOM THAT IS8
DESIGNATED FOR USE BY ONLY ONE GENDER .9
(4) "LGBT INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS A MEMBER10
OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND NON-BINARY11
COMMUNITY.12
(5) "NON-GENDERED MULTI-STALL RESTROOM" MEANS A13
RESTROOM WITH MULTIPLE TOILETS THAT IS AVAILABLE FOR USE BY14
PEOPLE OF ANY GENDER, INCLUDING A RESTROOM WITH SHARED SINKS BUT15
EACH TOILET IS IN A PRIVATE COMPARTMENT .16
(6) "NON-GENDERED SINGLE-STALL RESTROOM" MEANS A17
RESTROOM THAT IS AVAILABLE FOR USE BY PEOPLE OF ANY GENDER THAT18
IS A FULLY ENCLOSED ROOM WITH A LOCKING MECHANISM CONTROLLED19
BY THE USER AND CONTAINS A SINK, TOILET, AND NO MORE THAN ONE20
URINAL.21
(7) (a) "RENOVATION OF A RESTROOM" MEANS CONSTRUCTION TO22
A RESTROOM:23
(I) FOR WHICH A PERMIT IS REQUIRED OTHER THAN FOR A REPAIR;24
AND25
(II) THAT INCLUDES CHANGING THE STRUCTURE BY :26
(A) INCREASING THE SQUARE FOOTAGE ;27
1057
-6- (B) INSTALLING OR MODIFYING A PLUMBING OR ELECTRIC SYSTEM ;1
(C) ADDING, GUTTING, OR REMOVING EXTERIOR RESTROOM2
WALLS; OR3
(D) INSTALLING A HEATING, VENTILATION, OR AIR CONDITIONING4
SYSTEM.5
(b) FOR PURPOSES OF THIS SECTION, RENOVATION DOES NOT6
INCLUDE REPAIRS TO OR REPLACEMENT OF FIXTURES OR FEATURES OF THE7
RESTROOM IN ORDER TO RESTORE SOMETHING THAT IS DAMAGED,8
DETERIORATED, OR BROKEN IN A RESTROOM TO ITS ORIGINAL FUNCTION9
THAT DOES NOT MEET THE CRITERIA DESCRIBED IN SUBSECTION (7)(a) OF10
THIS SECTION.11
(8) "PUBLIC ENTITY" MEANS A STATE DEPARTMENT OR STATE12
AGENCY, STATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN13
SECTION 23-18-102 (10), A COUNTY, A CITY AND COUNTY, OR A14
MUNICIPALITY. FOR PURPOSES OF THIS ARTICLE 5.7, A STATE AGENCY DOES15
NOT INCLUDE ANY BUILDING OWNED AND OPERATED AS AN EDUCATION16
FACILITY BY THE DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT,17
CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL.18
9-5.7-103. Restrooms - baby diaper changing stations -19
applicability - signage - enforcement. (1) ON AND AFTER JANUARY 1,20
2024, A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED BY A PUBLIC21
ENTITY THAT IS:22
(a) S
CHEDULED FOR RENOVATION OF A RESTROOM MUST :
23
(I) P
ROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A
24
NON-GENDERED MULTI-STALL RESTROOM WHERE A RESTROOM IS25
ACCESSIBLE TO THE PUBLIC;26
(II) E
NSURE THAT ANY SINGLE -STALL RESTROOM IS NOT A
27
1057
-7- GENDER-SPECIFIC RESTROOM;1
(III) A
LLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY
2
GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE I.P.C.3
OR ANY SUBSEQUENT INTERNATIONAL PLUMBING CODE ADOPTED AS PART4
OF THE COLORADO PLUMBING CODE AND THE COLORADO FUEL GAS CODE5
ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION6
12-155-106;7
(IV) P
ROVIDE ANY CAREGIVER ON THE GENDER BINARY THAT IS
8
CARING FOR AN INFANT ACCESS TO AT LEAST ONE SAFE , SANITARY, AND9
CONVENIENT BABY DIAPER CHANGING STATION WHERE A RESTROOM IS10
ACCESSIBLE TO THE PUBLIC AS FOLLOWS:11
(A) I
F ONLY GENDER-SPECIFIC RESTROOMS ARE AVAILABLE , AT
12
LEAST ONE CHANGING TABLE IN EACH RESTROOM ;13
(B) I
F A NON-GENDERED SINGLE-STALL RESTROOM IS AVAILABLE,
14
AT LEAST ONE CHANGING TABLE IN THAT RESTROOM , AND PUBLIC ENTITIES15
ARE ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE16
SINGLE-STALL GENDER-SPECIFIC RESTROOMS;17
(C) I
F A NON-GENDERED MULTI-STALL RESTROOM IS AVAILABLE,
18
AT LEAST ONE CHANGING TABLE IN THAT RESTROOM , AND PUBLIC ENTITIES19
ARE ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE20
GENDER-SPECIFIC RESTROOMS; OR21
(D) A
N EASILY ACCESSIBLE LOCATION WITH EQUIVALENT PRIVACY
22
AND AMENITIES AS A RESTROOM; AND23
(V) E
NSURE THAT EACH BABY DIAPER CHANGING STATION IS
24
MAINTAINED, REPAIRED, AND REPLACED AS NECESSARY TO ENSURE25
SAFETY AND EASE OF USE AND CLEANED WITH THE SAME FREQUENCY AS26
THE RESTROOM IN WHICH IT IS LOCATED OR RESTROOMS ON THE SAME27
1057
-8- FLOOR OR IN THE SAME SPACE IF THE CHANGING TABLE IS LOCATED IN A1
RESTROOM.2
(b) A
NEWLY CONSTRUCTED BUILDING ON EACH FLOOR MUST :
3
(I) PROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A4
NON-GENDERED MULTI-STALL RESTROOM ON EACH FLOOR WHERE A5
RESTROOM IS ACCESSIBLE TO THE PUBLIC;6
(II) ENSURE THAT ANY SINGLE-STALL RESTROOM IS NOT A7
GENDER-SPECIFIC RESTROOM;8
(III) ALLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY9
GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE I.P.C.10
OR ANY SUBSEQUENT INTERNATIONAL PLUMBING CODE ADOPTED AS PART11
OF THE COLORADO PLUMBING CODE AND THE COLORADO FUEL GAS CODE12
ADOPTED BY THE STATE PLUMBING BOARD PURS UANT TO SECTION13
12-155-106; AND14
(IV) PROVIDE ANY CAREGIVER ON THE GENDER BINARY THAT IS15
CARING FOR AN INFANT ACCESS TO AT LEAST ONE SAFE, SANITARY, AND16
CONVENIENT BABY DIAPER CHANGING STATION THAT IS ACCESSIBLE TO17
THE PUBLIC ON EACH FLOOR WHERE THERE IS A RESTROOM ACCESSIBLE TO18
THE PUBLIC AND THAT INCLUDES:19
(A) IF ONLY GENDER-SPECIFIC RESTROOMS ARE AVAILABLE, AT20
LEAST ONE CHANGING TABLE IN EACH RESTROOM ;21
(B) IF A NON-GENDERED SINGLE-STALL RESTROOM IS AVAILABLE,22
AT LEAST ONE CHANGING TABLE IN THAT RESTROOM, AND PUBLIC ENTITIES23
ARE ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE24
SINGLE-STALL GENDER-SPECIFIC RESTROOMS;25
(C) IF A NON-GENDERED MULTI-STALL RESTROOM IS AVAILABLE,26
AT LEAST ONE CHANGING TABLE IN THAT RESTROOM, AND PUBLIC ENTITIES27
1057
-9- ARE ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE1
GENDER-SPECIFIC RESTROOMS; OR2
(D) AN EASILY ACCESSIBLE LOCATION WITH EQUIVALENT PRIVACY3
AND AMENITIES AS A RESTROOM; AND4
(V) ENSURE THAT EACH BABY DIAPER CHANGING STATION IS5
MAINTAINED, REPAIRED, AND REPLACED AS NECESSARY TO ENSURE6
SAFETY AND EASE OF USE AND CLEANED WITH THE SAME FREQUENCY AS7
THE RESTROOM IN WHICH IT IS LOCATED OR RESTROOMS ON THE SAME8
FLOOR OR IN THE SAME SPACE IF THE CHANGING TABLE IS NOT LOCATED IN9
A RESTROOM.10
(2) ON AND AFTER JULY 1, 2025, A BUILDING THAT IS WHOLLY OR11
PARTIALLY OWNED BY A PUBLIC ENTITY THAT :12
(a) I
S ACCESSIBLE TO EMPLOYEES OR ENROLLED STUDENTS AND
13
THAT IS SCHEDULED FOR RENOVATION OF A RESTROOM MUST :14
(I) P
ROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A
15
NON-GENDERED MULTI-STALL RESTROOM;16
(II) E
NSURE THAT ANY SINGLE -STALL RESTROOM IS NOT A
17
GENDER-SPECIFIC RESTROOM; AND18
(III) A
LLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY
19
GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE I.P.C.20
OR ANY SUBSEQUENT INTERNATIONAL PLUMBING CODE ADOPTED AS PART21
OF THE COLORADO PLUMBING CODE AND THE COLORADO FUEL GAS CODE22
ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION23
12-155-106.24
(b) I
S A NEWLY CONSTRUCTED BUILDING ON EACH FLOOR MUST :
25
(I) PROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A26
NON-GENDERED MULTI-STALL RESTROOM;27
1057
-10- (II) ENSURE THAT ANY SINGLE -STALL RESTROOM IS NOT A1
GENDER-SPECIFIC RESTROOM; AND 2
(III) ALLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY3
GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE I.P.C.,4
OR ANY SUBSEQUENT INTERNATIONAL PLUMBING CODE ADOPTED AS PART5
OF THE COLORADO PLUMBING CODE OR THE COLORADO FUEL GAS CODE6
ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION7
12-155-106.8
(3) BEGINNING JULY 1, 2024, BUT NO LATER THAN JULY 1, 2026,9
SUBJECT TO AVAILABLE APPROPRIATIONS FOR PUBLIC ENTITIES THAT ARE10
A STATE AGENCY, A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED OR11
LEASED BY A PUBLIC ENTITY MUST ENSURE THAT SIGNAGE FOR THE12
BUILDING OR THE PORTION OF THE BUILDING LEASED OR OWNED COMPLIES13
WITH THE FOLLOWING SIGNAGE REQUIREMENTS :14
(a) ANY RESTROOM WITH A BABY DIAPER CHANGING STATION15
MUST HAVE SIGNAGE WITH A PICTOGRAM VOID OF GENDER THAT16
INDICATES THE PRESENCE OF THE BABY DIAPER CHANGING STATION ;17
(b) ANY NON-GENDERED MULTI-STALL RESTROOM OR18
SINGLE-GENDERED OR NON-GENDERED SINGLE-STALL RESTROOM MUST19
HAVE SIGNAGE WITH A PICTOGRAM VOID OF GENDER ;20
(c) EACH BUILDING THAT IS ACCESSIBLE TO THE PUBLIC MUST21
INCLUDE SIGNAGE AT OR NEAR THE ENTRANCE TO THE BUILDING22
INDICATING THE LOCATION OF RESTROOMS AND BABY DIAPER CHANGING23
STATIONS. IF THERE IS A CENTRAL DIRECTORY ACCESSIBLE TO THE PUBLIC24
IDENTIFYING THE LOCATION OF OFFICES, RESTROOMS, AND OTHER25
FACILITIES IN THE BUILDINGS, THAT CENTRAL DIRECTORY MUST INDICATE26
WITH A PICTOGRAM VOID OF GENDER THE LOCATION OF ANY BABY DIAPER27
1057
-11- CHANGING STATION AND THE LOCATION OF ANY NON -GENDERED1
MULTI-STALL RESTROOM OR SINGLE-STALL RESTROOM.2
(d) ALL BUILDINGS ACCESSIBLE TO THE PUBLIC WITH3
NON-GENDERED MULTI -STALL RESTROOMS OR NON -GENDERED4
SINGLE-STALL RESTROOMS MUST UPDATE SIGNAGE, IF NECESSARY, TO5
INCLUDE A PICTOGRAM VOID OF GENDER .6
(4) ALL RESTROOMS SUBJECT TO SUBSECTIONS (1) AND (2) OF THIS7
SECTION SHALL COMPLY WITH THE CURRENT "ADA STANDARDS FOR8
ACCESSIBLE DESIGN" SET FORTH IN 28 CFR 35, APPLICABLE TO PUBLIC9
ENTITIES AND PROMULGATED IN ACCORDANCE WITH THE FEDERAL10
"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET.11
SEQ., AS AMENDED.12
(5) SUBSECTIONS (1) AND (2) OF THIS SECTION DO NOT APPLY TO13
THE RENOVATION OF A RESTROOM OR A NEWLY CONSTRUCTED BUILDING14
PROJECT IF:15
(a) A LOCAL BUILDING PERMITTING ENTITY OR BUILDING16
INSPECTOR DETERMINES THAT THE INSTALLATION OF A BABY DIAPER17
CHANGING STATION IN ACCORDANCE WITH SUBSECTION (1)(d) OF THIS18
SECTION WOULD RESULT IN A FAILURE TO COMPLY WITH APPLICABLE19
BUILDING STANDARDS GOVERNING THE RIGHT OF ACCESS FOR INDIVIDUALS20
WITH DISABILITIES. THE PERMITTING ENTITY OR BUILDING INSPECTOR MAY21
GRANT AN EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION UNDER22
THOSE CIRCUMSTANCES, PROVIDED THAT THERE IS DOCUMENTATION23
DEMONSTRATING THAT NO ALTERNATIVE DESIGN IS POSSIBLE THAT24
COMPLIES WITH THE RIGHT OF ACCESS FOR INDIVIDUALS WITH DISABILITIES25
AND A GOOD FAITH ATTEMPT HAS BEEN MADE TO DESIGN A RESTROOM IN26
A MANNER THAT WOULD ACCOMMODATE INDIVIDUALS WITH DISABILITIES27
1057
-12- AND THE INSTALLATION OF A BABY DIAPER CHANGING STATION IN1
ACCORDANCE WITH SUBSECTION (1)(d) OF THIS SECTION. 2
(b) THE PROJECT HAS ALREADY PROGRESSED THROUGH THE3
DESIGN REVIEW PROCESS, BUDGETING, AND FINAL APPROVAL BY THE4
GOVERNING BODY THAT HAS FINAL APPROVAL OVER CAPITAL5
CONSTRUCTION PROJECT EXPENDITURES AS OF THE EFFECTIVE DATE OF6
THIS SUBSECTION (5)(b), AS ENACTED BY HOUSE BILL 23-1057.7
(c) THE BUILDING IS DESIGNATED AS A CERTIFIED HISTORIC8
STRUCTURE.9
(6) ANY EMPLOYEE WITH A DESIGNATED WORKPLACE THAT IS IN10
A BUILDING WHOLLY OR PARTIALLY OWNED BY A PUBLIC ENTITY WHO11
CLAIMS TO BE AGGRIEVED BY A DISCRIMINATORY OR UNFAIR PRACTICE AS12
DEFINED BY PART 4 OF ARTICLE 34 OF TITLE 24, INCLUDING FAILURE TO13
COMPLY WITH THIS ARTICLE 5.7, MAY INDIVIDUALLY OR THROUGH THEIR14
ATTORNEY-AT-LAW MAKE, SIGN, AND FILE WITH THE COLORADO CIVIL15
RIGHTS DIVISION, CREATED IN SECTION 24-34-302, A VERIFIED WRITTEN16
CHARGE STATING THE NAME AND ADDRESS OF THE RESPONDENT ALLEGED17
TO HAVE COMMITTED THE DISCRIMINATORY OR UNFAIR PRACTICE . THE18
CHARGE MUST SET FORTH THE PARTICULARS OF THE ALLEGED19
DISCRIMINATORY OR UNFAIR PRACTICE, AND CONTAINING ANY OTHER20
INFORMATION REQUIRED BY THE COLORADO CIVIL RIGHTS DIVISION.21
9-5.7-104. Restroom survey of state-owned buildings - priority22
of modifications. (1) (a) THE DEPARTMENT OF PERSONNEL SHALL23
COMPLETE A SURVEY AND PROVIDE IT TO THE GENERAL ASSEMBLY AND24
THE CAPITAL DEVELOPMENT COMMITTEE DETERMINING THE NUMBER AND25
LOCATIONS OF SIGNS THAT NEED TO BE REPLACED OR MODIFIED PURSUANT26
TO SECTION 9-5.7-103 (3) FOR EXISTING RESTROOMS ACROSS ALL27
1057
-13- BUILDINGS WHOLLY OR PARTIALLY OWNED BY THE STATE .1
(b) FOR A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED OR2
LEASED BY THE STATE OR A STATE AGENCY, IF SIGNAGE IS NEEDED AT3
EITHER THE RESTROOM LOCATION OR THE DIRECTORY, A PUBLIC ENTITY4
THAT IS A STATE AGENCY OR A STATE INSTITUTION OF HIGHER EDUCATION5
SHALL PROVIDE INFORMATION ON THE NUMBER AND LOCATIONS OF SIGNS6
THAT NEED TO BE MODIFIED AND MAY REQUEST STATE FUNDING SUBJECT7
TO AVAILABLE APPROPRIATIONS IN ORDER TO COMPLY WITH SECTION8
9-5.7-103 (3) TO THE STATE ARCHITECT.9
(2) THE DEPARTMENT OF PERSONNEL SHALL PROVIDE AN INTERIM10
REPORT TO THE GENERAL ASSEMBLY AND THE CAPITAL DEVELOPMENT11
COMMITTEE BY JANUARY 1, 2024, AND A FINAL REPORT BY JULY 1, 2024.12
(3) FOR PURPOSES OF COMPLYING WITH SECTION 9-5.7-103 (3), THE13
DEPARTMENT OF PERSONNEL SHALL PRIORITIZE THE PLACEMENT OF14
SIGNAGE IN BUILDINGS OR PORTIONS OF BUILDINGS THAT ARE ACCESSIBLE15
TO THE PUBLIC.16
SECTION 2. Appropriation. (1) For the 2023-24 state fiscal17
year, $450,000 is appropriated to the department of personnel for use by18
the office of the state architect. This appropriation is from the general19
fund. To implement this act, the office may use this appropriation as20
follows:21
(a) $400,000 for statewide planning services; and22
(b) $50,000 for a restroom survey of state-owned buildings.23
(2) Any money appropriated under subsection (1)(a) of this24
section not expended prior to July 1, 2024, is further appropriated to the25
office for the 2024-25 and 2025-26 state fiscal years for the same26
purpose.27
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-14- SECTION 3. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article V4
of the state constitution against this act or an item, section, or part of this5
act within such period, then the act, item, section, or part will not take6
effect unless approved by the people at the general election to be held in7
November 2023 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
1057
-15-