Section 338.180 - Accommodation of persons with physical handicap or disability; specific requirements relating to single-stall restrooms available to public; verification of conformity with requirements; enforcement1. The Legislature of the State of Nevada declares that: (a) The primary purpose of this section is to provide, subject to the limitations set forth in this section, for the removal and elimination of architectural barriers to persons with a physical handicap in public buildings and facilities designed after July 1, 1973, in order to encourage and facilitate the employment of persons with a physical handicap and to make public buildings accessible to and usable by persons with a physical handicap; and(b) It is the intent of the Legislature that insofar as possible all buildings and facilities used by the public be accessible to, and functional for, persons with a physical handicap, without loss of function, space or facility where the general public is concerned.2. All plans and specifications for the construction of public buildings and facilities owned by a public body must, after July 1, 1973, provide facilities and features for persons with a physical handicap so that buildings which are normally used by the public are constructed with entrance ramps, toilet facilities, drinking fountains, doors and public telephones accessible to and usable by persons with a physical handicap. In addition, all plans and specifications for the construction or alteration of public buildings and facilities owned by a public body must comply with the applicable requirements of the:(a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, 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;(b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq.; and(c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted pursuant thereto.The requirements of paragraph (a) of this subsection are not satisfied if the plans and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
3. All public bodies shall, in the design, construction and alteration of public buildings and facilities comply with the applicable requirements of the:(a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, 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;(b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq.; and(c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted pursuant thereto.The requirements of paragraph (a) of this subsection are not satisfied if the public body complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
4. In each public building and facility owned by a public body, each entrance to a corridor which leads to a toilet facility must be marked with a sign which:(a) 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(b) Uses symbols, raised letters and Braille to:(1) Identify the toilet facility and the gender of persons who may use the toilet facility; and(2) If the toilet facility is for the exclusive use of persons of one gender: (I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and(II) Provide direction to a toilet facility that may be used by persons of the other gender.5. A public body that owns a public building or facility which provides a single-stall restroom to the public shall make the single-stall restroom as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing:(a) A parent or guardian of a child to enter the single-stall restroom with the child;(b) A person with a disability to enter the single-stall restroom with his or her caregiver, if applicable; and(c) A person of any gender identity or expression to use the single-stall restroom as needed. The public body that owns the public building or facility which provides a single-stall restroom to the public shall not label the single-stall restroom with gendered signage and may label the single-stall restroom as available for use by any person, including, without limitation, by posting a sign which reads "All-Gender Bathroom" or "All-Accessible Bathroom."
6. The Division shall verify that all public buildings and facilities owned by the State of Nevada conform with the requirements of this section. Each political subdivision shall verify that all public buildings and facilities owned by the political subdivision conform with the requirements of this section.7. A person may report a violation of this section to the Attorney General.8. Upon receiving a report pursuant to subsection 7, the Attorney General shall notify the public body responsible for the alleged violation. Not later than 30 days after receiving such a notification, the public body shall: (a) Present evidence to the Attorney General that it is in compliance with this section; or(b) Begin any action necessary to comply with the requirements of this section and notify the Attorney General of the date on which it will be in compliance with those requirements.9. If the public body responsible for the alleged violation fails to comply with this section, the Attorney General shall take such action as is necessary to ensure compliance with this section, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.10. The provisions of this section do not:(a) Establish a private right of action against a public body described in subsection 5 or 6; or(b) Authorize the filing of a complaint with the Nevada Equal Rights Commission, for a violation of the provisions of subsection 5.11. As used in this section: (a) "Caregiver" has the meaning ascribed to it in NRS 449A.306.(b) "Gendered signage" means any sign posted on a single-stall restroom that uses words or images of a person to denominate sex.(c) "Single-stall restroom" means a restroom that:(1) Is intended for individual use; and(2) Contains: (I) A single toilet or a single urinal; or(II) A toilet and a urinal, neither of which is separated from the other by enclosure within a stall.Added to NRS by 1973, 394; A 1975, 155; 1985, 42, 274; 1999, 2852; 2001, 704; 2003, 2444; 2021, 2347Amended by 2021, Ch. 386,§11, eff. 10/1/2021.Added to NRS by 1973, 394; A 1975, 155; 1985, 42, 274; 1999, 2852; 2001, 704; 2003, 2444