HB23-1057 Fair and Family-Friendly Restrooms -  Frequently Asked Questions

Written By Guest User

Representatives McCormick & Vigil, Senator Jaquez Lewis

2/13/22

Learn more about HB 23-1057 in our previous blog post.

  1. What buildings are covered under this bill?

    1. Buildings owned by the government (state, county, municipality, or public higher education institution) that are accessible by the public, employees, and enrolled students. 

  2. What does the bill require?

    1. Beginning July 1, 2024, buildings wholly or partially owned or wholly or partially leased by the government must meet the following requirements:

      1. Update signage on any single-stall restrooms to indicate that the restroom is available for use by a person of any gender. 

      2. Update signage to indicate that a baby diaper changing station is available. The pictograms on the signage must be void of gender. 

    2. Beginning January 1, 2024, buildings wholly or partially owned by the government in any portions that are accessible to the public that have renovations to a restroom or are newly built construction projects must:

      1. Ensure a gender-neutral restroom is available on each floor; and 

      2. Ensure a changing table is available in the gendered and non-gendered restrooms.

    3. Beginning July 1, 2025, buildings wholly or partially owned by the government that employees or enrolled students have access to must: 

      1. Ensure a gender-neutral restroom is available on each floor.

  3. What qualifies as a newly constructed building under HB 23-1057?

    1. A building that has not undergone final design review, budgeting and final approval by the entity with decision-making authority over the project (CDC for the state or county or local gov’t.) 

  4. What qualifies as a renovation under HB 23-1057?

    1. Changing the structure by increasing the square footage

    2. Installing or modifying a plumbing or electrical system

    3. Adding, gutting or removing walls

    4. Installing a heating, ventilation, or air conditioning system. 

    5. A permit for the work is also required to qualify as a renovation. 

  5. What is the timeline for implementation?

    1. July 1, 2024: Signage requirement

    2. Jan 1, 2024: Changing tables and gender neutral restrooms where the public has access to any portion of a building 

    3. July 1, 2024: Gender neutral restrooms where employees and/or enrolled students have access

  6. Are there any exemptions?

    1. Yes! Exemptions include 

      1. K12 public schools

      2. Historic structures  

      3. The changing table provisions if adding one would result in failure to comply with access for individuals with disabilities. 

      4. Projects that have been through the design/review process, budgeting and final approval by the governing body. 

  7. What are multi-stall non-gendered restrooms?

    1. Restrooms with multiple toilets that are available for use by people of any gender. This can include restrooms with shared sinks and each toilet in a private compartment.

    2. This is not required in the bill but is included as an option for buildings that would like to move towards this. 

  8. What does the International Plumbing Code (IPC) require for non-gendered restrooms?

    1. The 2021 IPC, 403.1.2, requires signage on single-user restrooms to indicate that they’re open to any user regardless of gender and allows the creation of non-gendered multi-stall designs with shared sinks and each toilet in a private compartment. 

    2. Where non-gendered multi-stall restrooms are used, the minimum fixture count shall be calculated 100 percent based on the total occupant load. 

    3. Single-user restrooms shall contribute towards the total number of required plumbing fixtures for a building. 

    4. The State Architect adopts codes for construction at all state-owned buildings and facilities, and higher education-owned facilities and has approved the 2018 version of the IPC. 

  9. What does the International Building Code (IBC) require? 

    1. The 2021 IBC requires that single-occupancy restrooms be identified for use by all persons regardless of sex, and allows for multiple-user facilities to serve all genders. Local governments may adopt and modify the IBC to meet their needs and do not have a requirement to adopt the most recent code. 

    2. The State Architect adopts codes for construction at all state-owned buildings and facilities, and higher education-owned facilities and has approved the 2021 edition of the IBC. 

  10. Are any local governments in Colorado already doing this?

    1. Yes! 

      1. The City of Denver’s building code requires single-user toilets and bathing rooms to be identified for use by all genders and allows the creation of non-gendered multi-stall designs.

      2. The City of Boulder’s code prohibits single-use toilets from being identified for exclusive use by any gender and allows for non-gender multi-stall designs to be an option. 

  11. Do other states have requirements for gender-neutral restrooms? 

    1. Yes, across the country, a number of school districts, local governments and entire states have started a shift to ensure buildings include non-gendered restrooms and the corresponding proper signage to identify facilities. This includes a shift in some of Colorado’s municipalities and nationally allowable standards.

      1. A non-exhaustive list for gender-neutral restrooms: 

        1. Austin, Texas (2014)

        2. California (2016)

        3. Illinois (2019)

        4. Maine (2019)

        5. Montgomery County, Maryland (2022)

        6. Nevada (2021) 

        7. Philadelphia, Pennsylvania (2019)

        8. Rhode Island (2021)

        9. Seattle (2015)

        10. Vermont (2018)

        11. Washington DC (2006)

  12. Do other states have requirements for changing tables?

    1. Yes! The federal government, several states, municipalities, and the District of Columbia have passed laws, codes, and regulations to require diaper changing stations to be made available to people of all genders, either in both men’s and women’s restrooms and/or restrooms available to any gender.

    2. The Federal 2016 BABIES Act (‘Bathrooms Accessible in Every Situation Act’) requires that federal buildings shall be equipped with baby changing facilities. 

    3. Utah requires that all new or substantially renovated government-owned buildings provide diaper-changing facilities in a public restroom and requires that there shall be an equal number of diaper-changing facilities in both male and female toilet rooms. 

    4. A non-exhaustive list includes:

      1. Arizona (2019)

      2. California (2017)

      3. Dallas (2019)

      4. Honolulu (2015)

      5. Illinois (2019)

      6. Michigan (1999)

      7. Nevada (2017)

      8. New York (2017)

      9. New York City (2018)

      10. Rhode Island (1999)

      11. Salt Lake City (2017)

      12. Washington D.C. (2019)

      13. Wisconsin (2009)

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