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Public Act 103-0518 | ||||
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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 | ||||
changing Section 20 and by adding Section 30 as follows:
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(410 ILCS 35/20) (from Ch. 111 1/2, par. 3751-20)
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Sec. 20. Application. Except for Sections Section 25 and | ||||
30 , this Act applies only to places of public
accommodation | ||||
that commence construction, or that commence alterations
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exceeding 50% of the entire place of public accommodation, | ||||
after the
effective date of this Act.
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(Source: P.A. 101-165, eff. 1-1-20 .)
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(410 ILCS 35/30 new) | ||||
Sec. 30. All-gender multiple-occupancy restrooms. | ||||
(a) The purpose of this Section is to promote the privacy, | ||||
safety, and gender inclusivity of all Illinois residents and | ||||
visitors. This Section shall be liberally construed to carry | ||||
out this purpose. | ||||
(b) In this Section, "multiple-occupancy restroom" means a | ||||
room or suite of rooms, intended for simultaneous use by 2 or | ||||
more occupants, containing at least one sink and at least 2 | ||||
toilets. |
(c) Notwithstanding any other provision of law, any | ||
multiple-occupancy restroom may be identified as an all-gender | ||
multiple-occupancy restroom and designated for use by any | ||
person of any gender. An all-gender multiple-occupancy | ||
restroom must include the following: | ||
(1) Inclusive signage that is prominently displayed at | ||
the exterior of the multiple-occupancy restroom for all | ||
who are entering the restroom, that does not indicate any | ||
specific gender, and that indicates any component that is | ||
present in the multiple-occupancy restroom and is required | ||
under this subsection or subsection (e). | ||
(2) Floor-to-ceiling stall dividers equipped with a | ||
sturdy and functioning locking mechanism controlled by the | ||
user and a partition privacy cover or strip that ensures | ||
that no one is able to see through the space between the | ||
stall divider and door. | ||
An all-gender multiple-occupancy restroom shall not | ||
contain urinals. | ||
(d) Any multiple-occupancy restroom may be converted into | ||
an all-gender multiple-occupancy restroom. If a | ||
multiple-occupancy restroom is to be converted into an | ||
all-gender multiple-occupancy restroom and a | ||
multiple-occupancy restroom serving a different gender is | ||
located adjacent or in proximity to the all-gender | ||
multiple-occupancy restroom, then both multiple-occupancy | ||
restrooms must be converted into all-gender multiple-occupancy |
restrooms. | ||
(e) If a facility converts any multiple-occupancy restroom | ||
into an all-gender multiple-occupancy restroom or commences | ||
construction, or commences alterations exceeding 50% of the | ||
facility, and implements an all-gender multiple-occupancy | ||
restroom, the all-gender multiple-occupancy restroom must, in | ||
addition to the requirements of subsection (c): | ||
(1) satisfy all accessibility requirements set forth | ||
by the federal Americans with Disabilities Act of 1990, as | ||
amended, and the Illinois Accessibility Code (71 Ill. Adm. | ||
Code 400); | ||
(2) include a small trash receptacle with a cover in | ||
each toilet stall; | ||
(3) include at least one vending device of | ||
menstruation supplies; and | ||
(4) include at least one baby diaper changing station. | ||
(f) If an all-gender multiple-occupancy restroom is newly | ||
constructed, any newly constructed multiple-occupancy restroom | ||
located adjacent or in proximity to the newly constructed | ||
all-gender multiple-occupancy restroom must also be designated | ||
as an all-gender multiple-occupancy restroom. | ||
(g) When plumbing fixtures in a facility are otherwise | ||
required to meet female-to-male ratio requirements, including, | ||
but not limited to, the requirements under Section 15 or the | ||
minimum fixture requirements adopted under the Illinois | ||
Plumbing License Law, each individual fixture in an all-gender |
multiple-occupancy restroom may be counted toward the required | ||
number of either female or male fixtures until the minimum | ||
requirement is met. If a fixture is counted toward the minimum | ||
required fixtures for females, that same fixture shall not | ||
also be counted toward the minimum required fixtures for | ||
males. If a fixture is counted toward the minimum required | ||
fixtures for males, that same fixture shall not also be | ||
counted toward the minimum required fixtures for females. | ||
This subsection shall not be construed to allow any | ||
violation of female-to-male ratio requirements set forth by | ||
this Act. | ||
(h) During any inspection of a facility by a health | ||
officer, health inspector, or building inspector, the health | ||
officer, health inspector, or building inspector may inspect | ||
the facility to determine whether it complies with this | ||
Section, if it is required to do so. | ||
(i) The Department of Public Health shall adopt rules to | ||
implement this Section.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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