Nev. Admin. Code § 446.421 - Toilets

Current through March 28, 2022

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 establishment.
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 seats.
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 remodeled.
7. Food establishments 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.
(b) 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 exists.
(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 food establishment.
8. Where applicable, the number and type of required toilet facilities must be determined by the local building authority.

Notes

Nev. Admin. Code § 446.421
Bd. of Health, Food Establishments Reg. Art. 9 § 9.1 subsecs. 9.1.1-9.1.5, eff. 9-17-82-NAC A 10-14-88; 9-16-92; 5-23-96; R069-10, 12-18-2013-Substituted in revision for NAC 446.445

NRS 439.150, 439.200, 446.940

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