2011 Wisconsin Code
Chapter 101. Department of commerce--regulation of industry, buildings and safety.
101.128 Restroom equity.

101.128

101.128 Restroom equity.

101.128(1)

(1) Definitions. In this section:

101.128(1)(a)

(a) "Amusement facility" means any zoo, state or local park, amusement or theme park, state fair park, county or other local fairgrounds, or any similar facility, as determined by department rule.

101.128(1)(b)

(b) "Facility where the public congregates" means any of the following that has a general capacity or a seating capacity of 500 or more persons:

101.128(1)(b)1.

1. An amusement facility.

101.128(1)(b)2.

2. A convention or trade hall or center.

101.128(1)(b)3.

3. A specialty event center.

101.128(1)(b)4.

4. A sports or entertainment arena, center or building.

101.128(1)(b)5.

5. A stadium.

101.128(1)(b)6.

6. An airport, bus terminal, train station or other transportation center.

101.128(1)(c)

(c) "Hotel" has the meaning given in s. 254.61 (3).

101.128(1)(d)

(d) "Renovation" means any structural remodeling, improvement or alteration of an existing facility where the public congregates. "Renovation" does not include any of the following:

101.128(1)(d)1.

1. Reroofing.

101.128(1)(d)2.

2. Cosmetic remodeling, including painting or the installation of wall covering, of paneling, of floor covering or of suspended ceilings.

101.128(1)(d)3.

3. An alteration to an electrical or mechanical system.

101.128(1)(e)

(e) "Restaurant" has the meaning given in s. 254.61 (5).

101.128(1)(f)

(f) "School" means a public or private elementary or secondary school.

101.128(1)(g)

(g) "Specialty event center" means an open arena used for rallies, concerts, exhibits or other assemblies, with no permanent structure for such assembly.

101.128(2)

(2) Restroom requirements.

101.128(2)(a)

(a) Equal speed of access required. The owner of a facility where the public congregates shall equip and maintain the restrooms in the facility where the public congregates with a sufficient number of permanent or temporary toilets to ensure that women have a speed of access to toilets in the facility where the public congregates that equals the speed of access that men have to toilets and urinals in that facility where the public congregates when the facility where the public congregates is used to its maximum capacity.

101.128(2)(b)

(b) Standards. The department shall promulgate rules that establish standards that the owner of a facility where the public congregates shall meet to achieve the equal speed of access required under par. (a).

101.128(3)

(3) Exemptions.

101.128(3)(a)

(a) Exemptions established. This section does not apply to any of the following:

101.128(3)(a)1.

1. A hotel.

101.128(3)(a)2.

2. A restaurant.

101.128(3)(a)3.

3. A school.

101.128(3)(b)

(b) Mixed-use facilities. If a facility where the public congregates contains a hotel, restaurant or school, the requirements of this section shall apply only to the portion of the facility where the public congregates that is not part of the hotel, restaurant or school.

101.128(4)

(4) Applicability.

101.128(4)(a)

(a) Six months after rules promulgated. This section applies to any facility where the public congregates at which the following events begin on or after the first day of the 7th month beginning after the department promulgates rules under this section:

101.128(4)(a)1.

1. If the facility is a new structural facility, initial construction of any structure.

101.128(4)(a)2.

2. If the facility is a new facility that will contain no permanent structure to serve the public, other than structures to house restrooms or other minor structures, the establishment of the facility.

101.128(4)(a)3.

3. If the facility is an existing structural facility, renovations that affect more than 50% of the facility's square footage.

101.128(4)(a)4.

4. If the facility is an existing structural facility, the initial construction of any structural addition to the facility that has a square footage equal to or larger than 51% of the existing facility's square footage.

101.128(4)(a)5.

5. If the facility is an existing facility with no permanent structure to serve the public, other than structures to house restrooms or other minor structures, the addition of land to the facility that has an acreage equal to or larger than 51% of the existing facility's acreage.

101.128(4)(b)

(b) Renovations or additions. In any existing facility where the public congregates to which this section applies under par. (a) 3. to 5., the requirements of this section apply only to the renovated portion of the facility or to the structural or land addition of the facility.

101.128 - ANNOT.

History: 1991 a. 110; 1993 a. 27.