Do restaurants in Massachusetts have to have a public restroom?

Answer 1

1. Assembly (General). All places in which alcoholic or nonalcoholic beverages are sold, or offered for sale, to be consumed on the premises; any room or space used for public or private banquets, feasts, dances, socials, card parties, weddings or for lodge or meeting halls or rooms; skating rinks, gymnastics, Swimming Pools, billiard, pool, bowling, and Table Tennis rooms; halls or rooms used for public or private catering purposes, funeral parlors, recreation rooms; broadcasting studios; private clubs and all other places of similar occupancy shall be classified as general places of assembly. Restrooms for each sex shall be provided in the amount specified in 248 CMR 2.10(19)Table 1 for assembly.

2. Assembly (dedicated).

a. All places of worship, arenas, stadiums, theaters, cinemas, restaurants, pubs, and nightclubs shall be classified as dedicated places of assembly. Restrooms for each sex shall be provided in the amount specified in 248 CMR 2.10(19)Table 1 for dedicated assembly.

b. Where the capacity is more than 2,000 persons, the number of toilets for the first 2,000 persons shall be calculated using the ratios in 248 CMR 2.10(19)Table 1. For the number of persons in excess of 2,000, the number of toilets shall be calculated -at ratio of 1: 100 for women and 1: 200 for men.

c. In restaurants, pubs and nightclubs where the total number of employees and patrons which can be accommodate at any one time is less than 20, and the total floor space is less than 1,200 square feet, the provision of one unisex handicapped accessible toilet for use by both employees and patrons shall meet the minimum requirement.

3. Nothing in 248 CMR 2.10(19)(b)2.a. through c. shall apply to single or multiple family dwellings, or to a place of incarceration or detention, a convent, or a monastery.

4. Plumbing fixtures for employees shall be included in 248 CMR 2.10(19) Table I for this type of occupancy.

5. When the occupancy ratio of 50% for each sex is not used to define fixture counts, the local plumbing inspector shall be notified in writing, indicating the occupancy of each sex for the purpose of establishing fixture amounts. 6. Any building having embalming facilities or autopsy facilities shall have a flushing rim sink and a floor drain.