(410 ILCS 35/18)
Baby changing stations.
(a) As used in this Section:
"Public building" means:
(1) a place of public accommodation, as that term is
(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 35/30)
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
(3) include at least one vending device of
menstruation supplies; and
(4) include at least one baby diaper changing
(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.)