Public Act 094-0042
HB0043 Enrolled LRB094 03623 RXD 33628 b

    AN ACT concerning health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    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
    (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.

Effective Date: 6/17/2005