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When opening a restaurant, you may be wondering exactly what needs to be included during construction or using an existing space. A very necessary issue to address is the bathroom, which can be expensive for restaurant owners to important or remodel. U.S. Federal and state laws have put restrictions in place to ensure these areas are safe and available to entitled parties. If your business is not in the U.S. read on anyway!
In the United States it is required by federal law that employers offer their employees a bathroom, but not necessarily restaurant patrons. Individual states and local governments will vary widely on the need for restaurants to offer bathrooms to the public. In most cases, it is required to have a bathroom when you open a restaurant.
This article will address (on special request from our U.S. readers) the need for having a bathroom when you open a restaurant and additional considerations that should be made related to restrooms for establishment owners. Providing a safe and clean bathroom is an important component of owning a restaurant, both for the patrons’ enjoyment and passing health and safety inspections.
Bathroom requirements are different from country to country around the globe. For the E.U. law is absolutely restrictive, especially for new businesses, but as well when you take over an existing business. In most cases you must have or build separate toilets for restaurant patrons, for your staff and of course “’accessible” toilets for people with any kind of handicap.
Of course the requirements changes depending on the number of customer seats and other details, which every local, technical office of your council will inform you about. However, even your business is located out of the U.S. I recommend you to spend the time to read this article, because many guidelines are similar and the information will be helpful to understand future issues.
Bathroom Requirements for Opening a Restaurant
Federal, state, and local laws will dictate what your requirements are for restrooms in a restaurant. Laws have become increasingly in favor of the patrons in order to serve their needs and make sure that the restaurant is providing a safe and accessible place to use the bathroom.
From a labor law perspective, it is required that a restaurant provides a bathroom for their employees to use. If the restroom is not located directly in the restaurant, the owners must provide an option nearby that employees will be able to access during their shifts.
Factors Influencing the Need for Restaurant Restrooms
In most states, it is required that restaurants, especially new ones being opened, offer a bathroom to both their employees and patrons. There are different factors that are used to determine if a restaurant must have a bathroom in various states and jurisdictions. It is, in most cases, difficult to open a restaurant without also including a restroom.
These are some of the rules put in place to both restrict and expand rights of restaurant owners that impact their bathroom requirements:
- Number of seats: The number of customer seats in a restaurant can determine the requirement for a bathroom. A general rule that restaurants use for determining the number of toilet fixtures is one for every 30 women and 60 men. For small restaurants, you can combine employee and customer facilities, or in some cases, not have to offer one to customers if under a certain number of patron spots.
- Restroom Access Act: This law requires that anyone who needs to use the bathroom for medical reasons often is allowed to use the employee restroom. This law is passed in many states across the US and was put in place specifically to help those with IBS.
- Size and age of building: If the restaurant is under a certain square footage and is an older building, it may not be required to offer a restroom to patrons. This often falls under ‘undue hardship’ where it would not be financially feasible to add or build one. This is a law that exists in multiple states, including California.
- Liquor license: If your restaurant has a liquor license, you are required to have a restroom for both men and women in many states.
If the restaurant does not have a restroom and is under a certain size, some states may require that they have access to one from a nearby establishment. This may be a shared facility or using another business’ bathrooms. You will need to establish a relationship with this other business as a restaurant owner.
Larger restaurants are even more regulated to ensure that they can accommodate everyone in the restaurant. These often require larger and more clearly separate restrooms for employees and customers. They also have clear sanitation guidelines to make sure these are safe spaces.
ADA Regulations for Restaurant Bathrooms
Not only do you have to include a restroom when you open a restaurant, but there are specific standards that must be met for safety and accessibility. All restaurant bathrooms must comply with the Americans with Disabilities Act (ADA). This is a federal law that covers the protections for people with disabilities, including their access to public spaces.
Restaurant restrooms must follow these construction guidelines in order to be compliant with ADA regulations:
- Clearly labeled: You must have proper signage marking the location of the bathroom as well as handicap accessibility.
- Wheelchair accessible: A wheelchair must be able to enter a bathroom and stall, which will require dimensions to be designed with these considerations in mind. This typically means that a specific stall is required to accommodate more space.
- Bathroom fixture heights: Everything in a bathroom, from the counters to the towel holders, must be regulation height so that all patrons can reach them.
- Grab bars: In handicap stalls, there must be a grab bar to make it easier for those needing additional support to access.
The ADA mandates that businesses make necessary accommodations for people with disabilities so that equal access is provided to all people. New restaurants will be required to follow these regulations more closely as they design and build the restaurant. Changes must be made to existing restaurants unless it is physically impossible or a financial hardship.
How to Open a Restaurant Without a Bathroom?
As you can see, the requirements for bathrooms in restaurants are pretty regulated. It will be difficult to open a restaurant without the need to put one in. This is especially hard to avoid considering the need for all employees to have access to one. If you are going to try and avoid including a restroom in your restaurant, there are a couple of things to keep in mind.
- The restaurants that get away with not having bathrooms are typically small. If you open a restaurant, you will want to keep it small in both square footage and the number of patrons it will hold. Keeping it under 20 patrons is a good rule of thumb, but you will need to check your local and state laws to ensure this is the case.
- Acquiring an old building that does not have a restroom is another way to avoid the bathroom problem. If you are operating out of space that was established over 20 years ago, you may not have to incorporate a restroom.
Not including a bathroom in a restaurant will eliminate costs associated with additional construction, plumbing, and maintenance in keeping it clean and potential repairs. These are the primary reasons you may not want to deal with a bathroom at your restaurant. Keep in mind that these are difficult to avoid, especially with strict regulations and health codes in place.
How Do I Find Out Bathroom Regulations for My Area?
If you are looking for resources on what your specific state requires of you for opening a restaurant and the bathrooms that must be included, you can check out the American Restroom Association’s resources. This is a source aimed at protecting consumers and the general public by offering safe bathroom options in public spaces.
You will need to look at the local restaurant codes in your city and state to ensure you are building (or not) a restroom that complies with laws. If you do not, they will require you to fix it or force you to cease operations, which can be even more costly than building it properly in the first place.
