403.3 Required Employee and Public Toilet Facilities

Employees shall be provided with toilet facilities in all occupancies. The number of plumbing fixtures located within the required employee toilet facilities shall be provided in accordance with Section PC 403 for all employees. Customers, patrons and visitors shall be provided with public toilet facilities in structures and tenant spaces intended for public utilization. The number of plumbing fixtures located within the required public toilet facilities shall be provided in accordance with Section PC 403 for all customers, patrons and visitors. Employee and public toilet facilities may be separate or combined. Where combined facilities are provided, the number of plumbing fixtures shall be in accordance with Section PC 403 for all users.

Exception: Public utilization of toilet facilities shall not be required for:

1. Food service establishments, as defined in Section 81.03 of the New York City Health Code, with a seating capacity of less than 20, provided such establishments are less than 10,000 square feet (929 m²).
2. Establishments less than 10,000 square feet (929 m²) classified as Occupancy Group B or M pursuant to Sections 304.1 and 309.1 of the New York City Building Code, respectively, provided however that this exception shall not apply to a building or nonaccessory tenant space used for assembly purposes by fewer than 75 persons and classified as Group B occupancy in accordance with Section 303.1, Exception 2 of the New York City Building Code.

The route to the public toilet facilities required by Section 403.3 shall not pass through kitchens, storage rooms or closets. Access to the required facilities shall be from within the building or from the exterior of the building. All routes shall comply with the accessibility requirements of the New York City Building Code. Employees, customers, patrons and visitors shall have access to the required toilet facilities at all times that the building is occupied.

In occupancies other than covered mall buildings, the required public and employee toilet facilities shall be located not more than one story above or below the space required to be provided with toilet facilities, and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m).

Exception: The location and maximum travel distances to required employee facilities in factory and industrial occupancies are permitted to exceed that required by this section, provided that the location and maximum travel distance are approved by the department.

In covered mall buildings, the required public and employee toilet facilities shall be located not more than one story above or below the space required to be provided with toilet facilities, and the path of travel to such facilities shall not exceed a distance of 300 feet (91 440 mm). In covered mall buildings, the required facilities shall be based on total square footage, and facilities shall be installed in each individual store or in a central toilet area located in accordance with this section. The maximum travel distance to central toilet facilities in covered mall buildings shall be measured from the main entrance of any store or tenant space. In covered mall buildings, where employees' toilet facilities are not provided in the individual store, the maximum travel distance shall be measured from the employees' work area of the store or tenant space.

Where pay facilities are installed, such facilities shall be in excess of the required minimum facilities. Required facilities shall be free of charge.