Colorado § 9-5.7-101 - Legislative declaration.

§ 9-5.7-101. Legislative declaration.

(1) The general assembly finds and declares that:

(a) It is a matter of statewide concern to promote the public welfare by providing access to non-gendered restroom facilities that are convenient for people of all genders, including those outside the gender binary;

(b) The lack of adequate restroom facilities leads to unsafe and inequitable conditions for Colorado children, families, and communities. Experts from health providers to faith leaders, including the occupational safety and health administration, stress the need for single occupancy non-gendered restrooms and multiple-occupant or multiple-stalled non-gendered restrooms to be accessible for all employees and individuals. The lack of accessibility to restroom facilities that are consistent with an individual's gender identity singles out those individuals and can result in experiences of harassment and cause those individuals to avoid restrooms entirely, which can lead to potentially serious physical injury or illness. Access to non-gendered restrooms has far-reaching benefits for parents caring for a child, including parents with young children who need to access a baby diaper changing station and individuals with disabilities who have a caretaker of a different gender to assist them.

(c) Men's restrooms and single-stall restrooms typically do not provide baby diaper changing stations. This creates accessibility inequity for parents and care providers who do not identify as women or who may not be comfortable using women's restrooms and creates potential health and safety problems for babies. Without clean and safe baby diaper changing stations, these care providers may be forced to resort to unsafe and unsanitary locations, such as restroom floors, to change babies' diapers. Requiring equitable access to amenities in public restrooms would make it easier for parents and care providers of all genders to find a safe and suitable place to change babies' diapers. Providing safe, reliable, and clean baby diaper changing stations in all restroom facilities enables better caretaking for infants by all parents and care providers and safer conditions for infants.

(d) Requiring all single-stall restrooms to be designated for use by any gender reduces wait times and increases comfort and accessibility for care providers and people receiving care, individuals with diverse gender expressions, and LGBT individuals. For LGBT individuals or individuals with diverse gender expressions, using gendered facilities can pose health and safety issues stemming from experiences of harassment and physical threats in gendered facilities regardless of which gendered facility they use or their physical presentation. Due to these experiences and associated stigma, some people avoid using public restrooms whenever possible and may refrain from eating, drinking, or relieving themselves for extended periods of time in order to avoid gendered facilities. Delaying or avoiding using the restroom can have physical health implications.

(e) The I.P.C. includes two amendments regarding non-gendered restrooms. One amendment requires signage on single-stall restrooms to indicate that they are open to any user regardless of gender. The other amendment allows the creation of non-gendered multi-stall designs with shared sinks and each toilet in a private compartment.

(f) The I.P.C. also requires that single-stall restrooms be identified for use by all individuals regardless of sex and allows for multi-user facilities to serve all genders. The Colorado state architect adopts codes for construction at all state-owned buildings and facilities and has adopted the 2021 edition of the international building code.

Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1438, § 1, effective August 7. L. 2025: (1)(e) amended, (SB 25-275), ch. 377, p. 2036, § 36, effective August 6.