1. If a food establishment is the only
occupant of a building, the establishment must have toilets which are
conveniently located within the building. Except as otherwise provided in this
chapter, if a food establishment occupies part of a building, the establishment
must have toilets which are conveniently located within the part which it
occupies. The toilets must be accessible to the employees of the establishment
at all times.
2. Except as
otherwise provided in subsection 3, a food establishment that provides public
seating must have separate rooms with toilets for males and females. As used in
this subsection, "public seating" includes seats, benches, stools and similar
furniture provided by the owner or operator of a building, mall or similar
operation for use by the food establishment and located within 25 feet of the
3. If, in the
judgment of the health authority, no risk to public health will be created and
if site restrictions or architectural or historical preservation restrictions
make the installation of two toilet rooms infeasible within the building, the
food establishment may be permitted to install one toilet room for use by
males, females and employees, provided that the total seating affiliated with
the establishment, as described in subsection 2, does not exceed 15 total
4. If the provisions of
subsection 3 apply and the toilet facility serving the food establishment at
any time fails or becomes otherwise inoperable, the food establishment must
immediately cease operation, close for business and notify the health
authority. The food establishment must remain closed until the health authority
approves the food establishment to reopen.
5. Fixtures must be kept clean and in good
repair. A supply of toilet tissue must be provided at each toilet at all times.
Receptacles which are easy to clean must be provided for waste.
6. Exhaust fans and restroom facilities for
persons with a disability must be installed in all new facilities and in
existing facilities if the food establishment is extensively
are not required to supply toilets within the facility if all of the following
conditions are satisfied:
(a) Food is sold
only for consumption off the premises of the seller and at least 50 percent of
the food sold is prepackaged.
No preparation or manufacturing of food occurs on the premises.
(c) The food establishment is located in a
covered mall, casino, airport or similar location where toilet facilities are
located conveniently to the establishment and where indoor access
(d) A handwashing sink is
conveniently located as required by this chapter.
(e) The lease agreement of the food
establishment provides that the lessor will at all times provide clean and
appropriately stocked and maintained toilet facilities for employees of the
Where applicable, the number and type of required toilet facilities must be
determined by the local building authority.