Bill Text: IL HB0597 | 2019-2020 | 101st General Assembly | Chaptered

---

Bill Title: Amends the Equitable Restrooms Act. In provisions concerning baby changing station requirements, provides that whether a restaurant meets certain occupancy criteria is to be determined by the local fire department, fire protection district, building permitting entity, or building inspector (rather than the State Fire Marshal). Effective January 1, 2020.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-12-13 - Public Act . . . . . . . . . 101-0602 [HB0597 Detail]

Download: Illinois-2019-HB0597-Chaptered.html

---

Public Act 101-0602
HB0597 Enrolled LRB101 03545 RLC 48553 b
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 18 as follows:
(410 ILCS 35/18)
(This Section may contain text from a Public Act with a
delayed effective date)
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 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.
(Source: P.A. 101-293, eff. 1-1-20.)