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Public Act 101-0293 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Equitable Restrooms Act is amended by adding | ||||
Section 18 as follows: | ||||
(410 ILCS 35/18 new) | ||||
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 State Fire Marshal; (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.
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