410 ILCS 35

in effect

410 ILCS 35/1

(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 Definition

(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 Specifications

(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

(410 ILCS 35/16) (Text of Section before amendment by P.A. 104-771) 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.) (Text of Section after amendment by P.A. 104-771) 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 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 inches or less and raised to a height of at least 38 inches; (3) is at least 30 inches wide and at least 70 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: (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; 104-771, eff. 6-1-27.)

410 ILCS 35/18

(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 Application

(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

(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

(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.)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026