Areas leased by public body to provide public service required to have certain toilet facilities available to public; exception; void and unenforceable contracts.
1. Except as otherwise provided in this section, each area that is leased by or on behalf of a public body and is used primarily to provide a service to the public must have at least one toilet facility which is accessible to a person with a disability within the leased area or, if the leased area is a part of a complex of leased areas, within the common area of the complex. The toilet facility must:
(a) Be available for use by members of the public.
(b) Comply with the regulations regarding accessibility of a toilet facility promulgated pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(c) If a corridor leads to the toilet facility, be marked at the entrance to the corridor with a sign which:
(1) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and
(2) Uses symbols, raised letters and Braille to:
(I) Identify the toilet facility and the gender of persons who may use the toilet facility; and
(II) Indicate whether the toilet facility is for the exclusive use of persons of one gender and, if applicable, provide direction to a toilet facility that may be used by persons of the other gender.
2. The provisions of subsection 1 do not apply to a leased area within a state park for which toilet facilities are otherwise accessible to members of the public.
3. A contract to lease an area that does not satisfy the requirements of subsection 1 which is entered into on or after October 1, 1997, is void and unenforceable.
Last modified: February 26, 2006