How To Properly Calculate Toilet Facilities

Part 2, Restaurants
By Joseph P. Guzzo

We continue our series explaining how to calculate the proper number of toilet
rooms and plumbing fixtures for various building uses. Last we spoke about Day Care
Centers, and how it is one of the more difficult uses to calculate. For restaurants it is not
complicated, however it is very important for all Plumbing Inspectors to understand the
correct process, because restaurants are the most popular use.
First we must understand what determines when the use of a building or space is
considered a restaurant, recently my friend Duke called and we had a lengthy discussion
about this very point. To start with only one code and one code only governs the use and
installation of all toilet facilities for all building uses, 248 C.M.R.
Section 10.10, 18,b will list what we call places of assembly, this means for these
uses toilet facilities shall be provided for both customers and employees. “toilet facilities
for each sex shall be provided in the amount specified in table #1”, “plumbing fixtures
for employees shall be included for this type of occupancy”. A restaurant is included in
this section. So what makes a particular place a restaurant? The key to this answer is in
table #1. And under b,1 “to be consumed on the premises”. Table #1 clearly lists
restaurants, the ratio starts at 1 person. Water closets for women 1 per 30, and for men 1
per 60.
Example, a restaurant has a seating capacity of 42, and 8 people work there, this
gives a total of 50. Using a 50% ratio, this would be 25 women and 25 men. According to
table #1, you would need a minimum of two toilet rooms, one women’s room, and one
men’s room each containing at least one toilet and lav. In fact those toilet rooms would
cover up to 60 seating and employees. This is not very complicated, however because of
past code changes and misconceptions many still do not understand this very simple
process.
The problem goes back many years when toilet facilities for restaurants were not
required until there was a capacity (seats and employees) of twenty (20). Check out your
old code book, table one under restaurants started at twenty (20). It was then changed to
five (5), and ultimately in 1994 under potty parity it was finally changed to one (1). This
means if there is one seat, or stool, or counter, anything where a person can consume food
or beverages on the premises, then toilet facilities must be provided for the customers.
These toilet facilities must also be handicapped accessible. They can not be in the back
room or down the cellar, customers are not allowed to walk through the kitchen to get to
toilet rooms. Access must be direct, according to code toilet rooms must be readily
accessible.
It is absolutely amazing to me how many people still think toilet requirements for
restaurants start at 20, sixteen years after it was changed. Architects, builders, plumbers,
inspectors, and the most shocking, is during a meeting I had to correct a high ranking
official of the Board.
There are probably hundreds if not thousands of existing restaurants that were built
or remodeled when the code was at 20. I am constantly explaining this when new
applicants want to open a small restaurant, and they are required to install new toilet
rooms. Why doesn’t this place or that place have bathrooms? They would ask? I would
tell them eventually they will also have to comply, once they remodel. I would also offer
them the exceptions in the code for small restaurants; 2c, In restaurants, pubs and
nightclubs where the total combined number of employees and patrons that can be
accommodated at any one time is less than 20 individuals and the total gross space is
less than 1200 sq. ft., one unisex handicapped accessible toilet facility for use by both
employees and the patrons shall meet the minimum fixture requirement.
In order to get away with one unisex toilet room instead of separate men’s and
women’s rooms, they must meet both requirements of this exception. Under 20 seating
and employees, and under 1200 sq. ft. Otherwise they must comply, or seek a variance.
Also, it is very important to remember retail sales and restaurants are two
completely different uses. Stores that are retail sales and do not serve food or drink on the
premises must only provide toilet facilities for employees. It’s all really very simple. If you
serve food or drink, all of your customers must be provided with proper and adequate
toilet facilities
Another question I am often asked, does outside seating count? Of course it does,
why wouldn’t it? Lets see, those people sitting outside somehow don’t need to use a
bathroom? Total seating capacity must be counted. If an existing restaurant decides to add
outside seating, toilet facilities must be recalculated.
As I said before, only our code governs the use and installation of toilet facilities.
For Plumbing Inspectors section 10.10,18 is the most important section to know and
understand. Many feel this section is complicated and difficult to decipher. I will admit
there are sections that are not clear, and subject to interpretation. However not so difficult
for a professional to figure out.
If you are having difficulty calculating toilet facilities, or any other section of the
code, never rely on one persons opinion. Call other inspectors, chances are they may have
dealt with the same issue. Read the code carefully and keep in mind the true intent and
sprit of our code, that is to provide proper and adequate designated men’s and women’s
toilet facilities for the comfort, safety, and overall well being of all people in all places.
Then, right, wrong, or indifferent ultimately the only opinion that matters will be yours.

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