Public Act 0771 104TH GENERAL ASSEMBLY

HB4379 Enrolled LRB104 16337 BDA 29724 b

Public Act 104-0771

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Equitable Restrooms Act is amended by changing Section 16 as follows:

(410 ILCS 35/16)

Sec. 16. Adult changing station.

(a) In this Section:

"Adult changing station" means a wheelchair accessible toilet facility compliant with the federal Americans with Disabilities Act of 1990 and regulations adopted under that Act or a private, enclosed family or assisted-use toilet facility, both of which shall meet all of the following requirements:

(1) the facility contains containing an adult changing table that is capable of serving persons of any age;

(2) the facility is accessible under the federal Americans with Disabilities Act of 1990 and regulations adopted thereunder; and

(3) the facility is equipped with all of the following:

(A) a waste receptacle;

(B) a toilet and a sink;

(C) a coat hook located in close proximity to the changing surface;

(D) a soap dispenser;

(E) a paper towel dispenser;

(F) signage indicating "adult changing station" at the entrance to the room;

(G) signage within the room indicating the weight capacity and instructions for operation of the adult changing table; and

(H) a side and end maneuvering clearance of at least 36 inches.

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

(1) has, at a minimum, the following safety features:

(A) safety rails on each side that (i) are a minimum of two-thirds of the length of the changing surface, (ii) are centered, plus or minus 3 inches, along the long open sides of the changing surface, and (iii) are capable of being raised or lowered; and

(B) a safety belt;

(2) is capable of being lowered to a height of 17 19 inches or less and raised to a height of at least 38 inches;

(3) is at least 30 25 inches wide and at least 70 72 inches long; and

(4) supports at least 400 pounds.

"Public building" means any one or more of the following if constructed on or after January 1, 2029:

(1) an establishment with the capacity to serve 1,500 or more persons per day that is not a place of education;

(2) a building or structure used for exhibition or entertainment, including a movie theater, performance theater, concert hall, convention center, sports arena or stadium, shopping mall, shopping center, or a store that is larger than 40,000 square feet;

(3) a building or structure used for public display or collection, including a museum, library, or gallery;

(4) a building or structure that is located in a place of recreation, including a park, zoo, or amusement park, and that is designated by the owner or operator of that place of recreation or the owner's or operator's agent as a public building under this Act;

(5) a building or structure, not including an athletic stadium, that is located in a place of education designed to educate 1,500 students or more during a semester, and that is designated by the owner or operator of that place of education or the owner's or operator's agent as a public building under this Act;

(6) an airport terminal;

(7) a bus station;

(8) a hospital;

(9) a hospital-related outpatient clinic; or

(10) a rehabilitation facility.

"State-owned building" means the State Capitol Building, a State park campground with plumbing and electricity at toilet locations, a State park visitor center with plumbing and electricity at toilet locations, or a rest stop located on an interstate highway.

(b) The owner or operator of each State-owned building and the owner or operator of each public building built after January 1, 2029 shall do all of the following: install and maintain in that building at least one adult changing station that is accessible when the building is open to the public

(1) install a minimum of one adult changing station in the building;

(2) maintain, repair, and replace each adult changing table in the building as necessary to ensure safety and ease of use;

(3) clean each adult changing station in the building with the same frequency as the other public restrooms located within the building; and

(4) provide sufficient floor space around the adult changing table in the building to comply with the requirements of the Americans with Disabilities Act standards for accessible design, as prescribed in 28 CFR 35.151 and 36 CFR Part 1191, Appendices B and D.

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

(1) except for places of education, the entrance to each restroom in the building has conspicuous signage indicating the location of the adult changing stations in the building, and, for places of education, only the entrance to the restroom that contains an adult changing station has conspicuous signage indicating the adult changing station; and

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

(d) The owner or operator of a place of recreation described in paragraph (4) of the definition of "public building" in subsection (a) or that person's agent and the owner or operator of a place of education described in paragraph (5) of the definition of "public building" in subsection (a) or that person's agent shall designate a building or structure that will serve as the public building for that place of recreation or education, respectively.

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