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| 1 | | determined by the State Fire Marshal; (B) the restaurant |
| 2 | | contains a restroom that is open to the public; and (C) the |
| 3 | | restaurant's entrance is not within 300 feet of a centrally |
| 4 | | located facility with a baby diaper changing station that |
| 5 | | is open to the public. |
| 6 | | "Restaurant" means a business having sales of ready-to-eat |
| 7 | | food for immediate consumption comprising at least 51% of the |
| 8 | | total sales, excluding the sale of liquor. |
| 9 | | (b) Every public building with restrooms open and |
| 10 | | accessible to the public shall have: |
| 11 | | (1) at least one safe, sanitary, convenient, and |
| 12 | | publicly accessible baby diaper changing station that is |
| 13 | | accessible to women entering a restroom provided for use by |
| 14 | | women and at least one safe, sanitary, convenient, and |
| 15 | | publicly accessible baby diaper changing station that is |
| 16 | | accessible to men entering a restroom provided for use by |
| 17 | | men; or |
| 18 | | (2) at least one safe, sanitary, convenient, and |
| 19 | | publicly accessible baby diaper changing station that is |
| 20 | | accessible to both men and women. |
| 21 | | This requirement is in addition to any accommodations that |
| 22 | | may be made for individuals in accordance with any local, |
| 23 | | State, or federal laws regarding access for persons with |
| 24 | | disabilities and to existing fire, health, and safety codes or |
| 25 | | standards. |
| 26 | | (c) Subsection (b) does not apply to the following: |
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| 1 | | (1) An industrial building, nightclub, or bar that does |
| 2 | | not permit anyone who is under 18 years of age to enter the |
| 3 | | premises. |
| 4 | | (2) A restroom located in a health facility, if the |
| 5 | | restroom is intended for the use of one patient or resident |
| 6 | | at a time. |
| 7 | | (3) A renovation, if a local building permitting entity |
| 8 | | or building inspector determines that the installation of a |
| 9 | | baby diaper changing station is not feasible or would |
| 10 | | result in a failure to comply with applicable building |
| 11 | | standards governing the right of access for persons with |
| 12 | | disabilities. The permitting entity or building inspector |
| 13 | | may grant an exemption from the requirements of this |
| 14 | | subsection under those circumstances. |
| 15 | | (d) A public restroom that is open and accessible to the |
| 16 | | public and includes a baby diaper changing station shall |
| 17 | | include signage at or near the entrance to the baby changing |
| 18 | | station indicating the location of the baby diaper changing |
| 19 | | station. |
| 20 | | (e) This Section shall not be enforceable by a private |
| 21 | | right of action.".
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