2023 Colorado Revised Statutes › Title 9 - SAFETY - INDUSTRIAL AND COMMERCIAL (§§ 9-1-101 — 9-10-101) › BUILDINGS AND EQUIPMENT (§§ 9-1-101 — 9-5.7-104) › Article 5.7 - AMENITIES FOR ALL GENDERS IN PUBLIC BUILDINGS (§§ 9-5.7-101 — 9-5.7-104) › Section 9-5.7-103 - Restrooms - baby diaper changing stations - applicability - signage - enforcement

(1)
On and after January 1, 2024, a building that is wholly or partially owned by a public entity that is:
(a)
Scheduled for renovation of a restroom must:
(I)
Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom where a restroom is accessible to the public;
(II)
Ensure that any single-stall restroom is not a gender-specific restroom;
(III)
Allow for the use of a multi-stall restroom by any gender if certain facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section
12-155-106
;
(IV)
Provide any caregiver on the gender binary that is caring for an infant access to at least one safe, sanitary, and convenient baby diaper changing station where a restroom is accessible to the public as follows:
(A)
If only gender-specific restrooms are available, at least one changing table in each restroom;
(B)
If a non-gendered single-stall restroom is available, at least one changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the single-stall gender-specific restrooms;
(C)
If a non-gendered multi-stall restroom is available, at least one changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the gender-specific restrooms; or
(D)
An easily accessible location with equivalent privacy and amenities as a restroom; and
(V)
Ensure that each baby diaper changing station is maintained, repaired, and replaced as necessary to ensure safety and ease of use and cleaned with the same frequency as the restroom in which it is located or restrooms on the same floor or in the same space if the changing table is located in a restroom;
(b)
A newly constructed building on each floor must:
(I)
Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom on each floor where a restroom is accessible to the public;
(II)
Ensure that any single-stall restroom is not a gender-specific restroom;
(III)
Allow for the use of a multi-stall restroom by any gender if certain facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section
12-155-106
;
(IV)
Provide any caregiver on the gender binary that is caring for an infant access to at least one safe, sanitary, and convenient baby diaper changing station that is accessible to the public on each floor where there is a restroom accessible to the public and that includes:
(A)
If only gender-specific restrooms are available, at least one changing table in each restroom;
(B)
If a non-gendered single-stall restroom is available, at least one changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the single-stall gender-specific restrooms;
(C)
If a non-gendered multi-stall restroom is available, at least one changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the gender-specific restrooms; or
(D)
An easily accessible location with equivalent privacy and amenities as a restroom; and
(V)
Ensure that each baby diaper changing station is maintained, repaired, and replaced as necessary to ensure safety and ease of use and cleaned with the same frequency as the restroom in which it is located or restrooms on the same floor or in the same space if the changing table is not located in a restroom.
(2)
On and after July 1, 2025, a building that is wholly or partially owned by a public entity that:
(a)
Is accessible to employees or enrolled students and that is scheduled for renovation of a restroom must:
(I)
Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
(II)
Ensure that any single-stall restroom is not a gender-specific restroom; and
(III)
Allow for the use of a multi-stall restroom by any gender if certain facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section
12-155-106
;
(b)
Is a newly constructed building on each floor must:
(I)
Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
(II)
Ensure that any single-stall restroom is not a gender-specific restroom; and
(III)
Allow for the use of a multi-stall restroom by any gender if certain facility features are met pursuant to the I.P.C., or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section
12-155-106
.
(3)
Beginning July 1, 2024, but no later than July 1, 2026, subject to available appropriations for public entities that are a state agency, a building that is wholly or partially owned or leased by a public entity must ensure that signage for the building or the portion of the building leased or owned complies with the following signage requirements:
(a)
Any restroom with a baby diaper changing station must have signage with a pictogram void of gender that indicates the presence of the baby diaper changing station;
(b)
Any non-gendered multi-stall restroom or single-gendered or non-gendered single-stall restroom must have signage with a pictogram void of gender;
(c)
Each building that is accessible to the public must include signage at or near the entrance to the building indicating the location of restrooms and baby diaper changing stations. If there is a central directory accessible to the public identifying the location of offices, restrooms, and other facilities in the buildings, that central directory must indicate with a pictogram void of gender the location of any baby diaper changing station and the location of any non-gendered multi-stall restroom or single-stall restroom.
(d)
All buildings accessible to the public with non-gendered multi-stall restrooms or non-gendered single-stall restrooms must update signage, if necessary, to include a pictogram void of gender.
(4)
All restrooms subject to subsections (1) and (2) of this section shall comply with the current "ADA standards for accessible design" set forth in
28 CFR 35
, applicable to public entities and promulgated in accordance with the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., as amended.
(5)
Subsections (1) and (2) of this section do not apply to the renovation of a restroom or a newly constructed building project if:
(a)
A local building permitting entity or building inspector determines that the installation of a baby diaper changing station in accordance with subsection (1)(d) of this section would result in a failure to comply with applicable building standards governing the right of access for individuals with disabilities. The permitting entity or building inspector may grant an exemption from the requirements of this section under those circumstances, if there is documentation demonstrating that no alternative design is possible that complies with the right of access for individuals with disabilities and a good faith attempt has been made to design a restroom in a manner that would accommodate individuals with disabilities and the installation of a baby diaper changing station in accordance with subsection (1)(d) of this section.
(b)
The project has already progressed through the design review process, budgeting, and final approval by the governing body that has final approval over capital construction project expenditures as of August 7, 2023;
(c)
The building is designated as a certified historic structure.
(6)
Any employee with a designated workplace that is in a building wholly or partially owned by a public entity who claims to be aggrieved by a discriminatory or an unfair practice as defined by part 4 of article
34
of title
24
, including failure to comply with this article 5.7, may individually or through their attorney-at-law make, sign, and file with the Colorado civil rights division, created in section
24-34-302
, a verified written charge stating the name and address of the respondent alleged to have committed the discriminatory or unfair practice. The charge must set forth the particulars of the alleged discriminatory or unfair practice and contain any other information required by the Colorado civil rights division.
Added by 2023 Ch. 254,§ 1, eff. 8/7/2023.
2023 Ch. 254, was passed without a safety clause. See Colo. Const. art. V, § 1(3).