68-120-503. Restroom requirements.
(a) Publicly and privately owned facilities where the public congregates shall be equipped with sufficient temporary or permanent restrooms to meet the needs of the public at peak hours. More water closets shall be provided for women than for men by a ratio to be determined by the state building commission. In determining any ratio required under this part, the commissioner shall consider the number of urinals and water closets for men as opposed to the number of water closets for women. Such facilities shall be approved by the responsible authority.
(b) (1) In any stadium built before July 1, 2000, if the state architect determines that there are sufficient women's toilet facilities and there are not sufficient men's toilet facilities, the state architect may allow a variance to permit construction of additional men's toilet facilities without the construction of additional women's toilet facilities.
(2) If the state architect determines that on a level of any stadium or arena constructed before July 1, 2000, there are sufficient women's toilet facilities and there are not sufficient men's toilet facilities and there is not space for adding enough toilet facilities for men to alleviate overcrowding conditions, then the state architect may allow a variance to allow one (1) women's restroom to be converted to a men's restroom on each side of a stadium where necessary, if and only if, sufficient toilet facilities for women would still exist on that level.
(c) Whenever the owner or operator of a facility with seats for not less than ten thousand (10,000) spectators that is used primarily for auto racing and other activities, has reasonable evidence that such events will be attended by a substantially greater number of men than women on a regular basis, such owner or operator may, upon approval of the state architect, configure and construct the available toilet facilities so that the number of men's fixtures and the number of women's fixtures are changed to reflect the greater number of men or women attending events at the facility; provided, that sufficient toilet facilities for women are included in the facility. The provisions of this subsection (c) shall only apply in counties having a population of not less than eighty-eight thousand eight hundred (88,800) nor more than eighty-eight thousand nine hundred (88,900), or not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census.
(d) Whenever the owner or operator of a facility with seats for not less than eight thousand (8,000) spectators that is used primarily for horse shows and other activities, has reasonable evidence that such events will be attended by a substantially greater number of men than women on a regular basis, such owner or operator may, upon approval of the state architect, configure and construct the available toilet facilities so that the number of men's fixtures and the number of women's fixtures are changed to reflect the greater number of men or women attending events at the facility; provided, that sufficient toilet facilities for women are included in the facility. The provisions of this subsection (d) shall only apply in counties having a population of not less than one hundred eighteen thousand five hundred (118,500) nor more than one hundred eighteen thousand six hundred (118,600), according to the 1990 federal census or any subsequent federal census.
[Acts 1994, ch. 934, § 4; 1996, ch. 858, § 2; 2000, ch. 747, § 1; 2001, ch. 387, § 3.]