410 ILCS 35/ Equitable Restrooms Act.

(410 ILCS 35/1) (from Ch. 111 1/2, par. 3751-1)

Sec. 1. Short title. This Act may be cited as the Equitable Restrooms Act.

(Source: P.A. 87-472.)

(410 ILCS 35/5) (from Ch. 111 1/2, par. 3751-5)

Sec. 5. Legislative finding. The General Assembly finds that an inequitable situation occurs due to delays which women face in the use of restroom facilities when men are rarely required to wait for the same purpose. Rectifying this inequitable situation is a matter of serious public concern. This Act shall be liberally construed toward that end.

(Source: P.A. 87-472.)

(410 ILCS 35/10) (from Ch. 111 1/2, par. 3751-10)

Sec. 10. Definition. As used in this Act, "place of public accommodation" means a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility or a special event center in a public park. This definition does not include hotels, restaurants or schools.

(Source: P.A. 87-472.)

(410 ILCS 35/15) (from Ch. 111 1/2, par. 3751-15)

Sec. 15. Specifications. A place of public accommodation shall be equipped with the following facilities:

(1) At least one women's toilet stall for every 200 persons in the maximum legal capacity of the place of public accommodation.

(2) At least one men's toilet stall for every 700 persons in the maximum legal capacity of the place of public accommodation.

(3) At least one men's urinal for every 250 persons in the maximum legal capacity of the place of public accommodation.

(Source: P.A. 87-472.)

(410 ILCS 35/16)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 16. Adult changing station.

(a) In this Section:

"Adult changing station" means a private, enclosed family or assisted-use toilet facility containing an adult changing table.

"Adult changing table" means a powered, height-adjustable table that:

(1) has safety rails on each side and a safety belt;

(2) is capable of being lowered to a height of 19 inches or less and raised to a height of at least 38 inches;

(3) is at least 25 inches wide and at least 72 inches long; and

(4) supports at least 400 pounds.

"State-owned building" means the State Capitol Building or a rest stop located on an interstate highway.

(b) The owner or operator of each State-owned building shall install and maintain in that building at least one adult changing station that is accessible when the building is open to the public.

(c) The owner or operator of each State-owned building shall ensure that:

(1) the entrance to each restroom in the building has conspicuous signage indicating the location of the adult changing stations in the building; and

(2) the central directory for the building, if such a directory exists, indicates the location of the adult changing stations in the building.

(Source: P.A. 103-894, eff. 1-1-25.)

(410 ILCS 35/18)

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 local fire department, fire protection district, building permitting entity, or building inspector; (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.

(Source: P.A. 101-293, eff. 1-1-20; 101-602, eff. 1-1-20.)

(410 ILCS 35/20) (from Ch. 111 1/2, par. 3751-20)

Sec. 20. Application. Except for Sections 25 and 30, this Act applies only to places of public accommodation that commence construction, or that commence alterations exceeding 50% of the entire place of public accommodation, after the effective date of this Act.

(Source: P.A. 103-518, eff. 8-11-23.)

(410 ILCS 35/25)

Sec. 25. All-gender single-occupancy restrooms.

(a) In this Section:

"Place of public accommodation" has the same meaning provided in Section 5-101 of the Illinois Human Rights Act.

"Single-occupancy restroom" means a fully enclosed room, with a locking mechanism controlled by the user, containing a sink, toilet stall, and no more than one urinal.

(b) This Section applies to any existing or future places of public accommodation or public buildings.

(c) Notwithstanding any other provision of law, every single-occupancy restroom in a place of public accommodation or public building shall be identified as all-gender and designated for use by no more than one person at a time or for family or assisted use. Each single-occupancy restroom shall be outfitted with exterior signage that marks the single-occupancy restroom as a restroom and does not indicate any specific gender.

(d) During any inspection of a place of public accommodation or public building by a health officer or health inspector, the health officer or health inspector may inspect the place of public accommodation or public building to determine whether it complies with this Section.

(e) The Department of Public Health shall adopt rules to implement this Section.

(Source: P.A. 101-165, eff. 1-1-20.)

(410 ILCS 35/30)

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.

(Source: P.A. 103-518, eff. 8-11-23.)