HB1286 EngrossedLRB103 25052 CPF 51387 b HB1286 Engrossed LRB103 25052 CPF 51387 b
HB1286 Engrossed LRB103 25052 CPF 51387 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Equitable Restrooms Act is amended by
5 changing Section 20 and by adding Section 30 as follows:
6 (410 ILCS 35/20) (from Ch. 111 1/2, par. 3751-20)
7 Sec. 20. Application. Except for Sections Section 25 and
8 30, this Act applies only to places of public accommodation
9 that commence construction, or that commence alterations
10 exceeding 50% of the entire place of public accommodation,
11 after the effective date of this Act.
12 (Source: P.A. 101-165, eff. 1-1-20.)
13 (410 ILCS 35/30 new)
14 Sec. 30. All-gender multiple-occupancy restrooms.
15 (a) The purpose of this Section is to promote the privacy,
16 safety, and gender inclusivity of all Illinois residents and
17 visitors. This Section shall be liberally construed to carry
18 out this purpose.
19 (b) In this Section, "multiple-occupancy restroom" means a
20 room or suite of rooms containing at least one sink and at
21 least 2 sanitary fixtures, such as toilets or urinals,
22 intended for simultaneous use by 2 or more occupants.
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1 (c) Notwithstanding any other provision of law, any
2 multiple-occupancy restroom may be identified as an all-gender
3 multiple-occupancy restroom and designated for use by any
4 person of any gender. An all-gender multiple-occupancy
5 restroom must include the following:
6 (1) Inclusive signage that is prominently displayed at
7 the exterior of the multiple-occupancy restroom for all
8 who are entering the restroom, that does not indicate any
9 specific gender, and that indicates any component that is
10 present in the multiple-occupancy restroom and is required
11 under this subsection or subsection (e).
12 (2) Stall dividers equipped with a sturdy and
13 functioning locking mechanism controlled by the user and a
14 partition privacy cover or strip that ensures that no one
15 is able to see through the space between the stall divider
16 and door.
17 (3) Partitions for each urinal, if a urinal is
18 present.
19 (d) Any multiple-occupancy restroom may be converted into
20 an all-gender multiple-occupancy restroom. If a
21 multiple-occupancy restroom is to be converted into an
22 all-gender multiple-occupancy restroom and a
23 multiple-occupancy restroom serving a different gender is
24 located adjacent or in proximity to the all-gender
25 multiple-occupancy restroom, then both multiple-occupancy
26 restrooms must be converted into all-gender multiple-occupancy
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1 restrooms.
2 (e) If a facility commences construction, or commences
3 alterations exceeding 50% of the facility, and implements an
4 all-gender multiple-occupancy restroom, the all-gender
5 multiple-occupancy restroom must, in addition to the
6 requirements of subsection (c):
7 (1) satisfy all accessibility requirements set forth
8 by the federal Americans with Disabilities Act of 1990, as
9 amended, and the Illinois Accessibility Code (71 Ill. Adm.
10 Code 400);
11 (2) include a small trash receptacle with a cover in
12 each toilet stall;
13 (3) include at least one vending device of
14 menstruation supplies; and
15 (4) include at least one baby diaper changing station.
16 (f) If an all-gender multiple-occupancy restroom is newly
17 constructed, any newly constructed multiple-occupancy restroom
18 located adjacent or in proximity to the newly constructed
19 all-gender multiple-occupancy restroom must also be designated
20 as an all-gender multiple-occupancy restroom.
21 (g) When plumbing fixtures in a facility are otherwise
22 required to meet female-to-male ratio requirements, including,
23 but not limited to, the requirements under Section 15 or the
24 minimum fixture requirements adopted under the Illinois
25 Plumbing License Law, each individual fixture in an all-gender
26 multiple-occupancy restroom may be counted toward the required
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1 number of either female or male fixtures until the minimum
2 requirement is met. If a fixture is counted toward the minimum
3 required fixtures for females, that same fixture shall not
4 also be counted toward the minimum required fixtures for
5 males. If a fixture is counted toward the minimum required
6 fixtures for males, that same fixture shall not also be
7 counted toward the minimum required fixtures for females.
8 This subsection shall not be construed to allow any
9 violation of female-to-male ratio requirements set forth by
10 this Act.
11 (h) During any inspection of a facility by a health
12 officer, health inspector, or building inspector, the health
13 officer, health inspector, or building inspector may inspect
14 the facility to determine whether it complies with this
15 Section, if it is required to do so.
16 (i) The Department of Public Health shall adopt rules to
17 implement this Section.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.
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