HB0043ham001 94TH GENERAL ASSEMBLY

Local Government Committee

Filed: 2/9/2005

09400HB0043ham001 LRB094 03623 RXD 39623 a

AMENDMENT TO HOUSE BILL 43

AMENDMENT NO. ______. Amend House Bill 43 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Construction Site Temporary Restroom Facility Act.

Section 5. Legislative finding. It has been established by scientific evidence that improper plumbing can result in the introduction of pathogenic organisms into the potable water supply, result in the escape of toxic gases into the environment, and result in potentially lethal disease and epidemic. It is further found that minimum numbers of plumbing facilities and fixtures are necessary for the comfort and convenience of workers and persons in public places.

Section 10. Temporary restroom facility. The owner or the owner's representative of a temporary building or building under construction, that is not yet occupied for its intended purpose, shall ensure that employees working on the construction site have access to restroom facilities which meet the following requirements:

(1) Toileting facilities shall be enclosed and discharged into a sanitary sewer. In lieu of connecting to a sewer, the sanitary facility may be a portable, enclosed, chemically-treated tank-tight unit.

(2) If individual portable units are used, separate toileting facilities are not required for males and females. Toileting facilities shall be provided based on the Occupational Safety and Health Administration construction sanitation standards, which are as follows:

(A) For 20 employees or less, one toilet facility shall be provided.

(B) For 20 employees or more, one toilet facility and one urinal per 40 workers shall be provided.

(C) For 200 or more employees, one toilet facility and one urinal per 50 workers shall be provided.

(3) Hand cleansing units shall be provided.

(4) All non-sewered units shall be pumped and cleansed regularly to ensure adequate working facilities.

(5) For non-residential temporary buildings or non-residential buildings, the restroom facilities shall be located within 300 feet of the entrance of the building under construction.

(6) For residential temporary buildings or residential buildings, the restroom facilities shall be made readily available in nearby areas.

Section 15. Enforcement. Inspectors employed by municipalities and counties may inspect construction sites to ensure compliance with this Act.

Section 20. Penalty.

(a) Any owner who fails or refuses to comply with the provisions of this Act shall be deemed guilty of a petty offense.

(b) Any owner convicted of violating the provisions of this Act shall be subject to a conviction for succeeding offenses for each day he or she fails or refuses to comply with the provisions of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.".