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BRANCH OPINION

Article 3.1.2.6 of the (OBC) permits a restaurant designed for up to 30 patrons to be classified as a Group E major occupancy. The requirements for washrooms in a restaurant are contained in article 3.6.4.2. Restaurants for 30 or fewer patrons are treated as normal restaurants for the purposes of Table 3.6.4.A.

Therefore, although a restaurant designed for up to 30 patrons may be classified as a Group E major occupancy, the washroom facilities cannot be based on the Group E major occupancy provisions of Table 3.6.4.A. Table 3.6.4.A requires restaurants to provide washroom facilities in accordance with:

• sentence 3.6.4.2.(16) for the public; and
• sentence 3.6.4.2.(18) for employees.

According to sentence 3.6.4.2.(18), a restaurant having more than 40 seats must:

1. provide separate washroom facilities for the employees; and
2. the number of separate washroom facilites for the employees shall be in accordance with Table 3.6.4.G.

However, where the total number of employees does not exceed 5, sentence 3.6.4.2.(18) references sentence 3.6.4.2.(19) for the computation of the employees' sanitary facilities. Sentence 3.6.4.2.(19) permits the same washroom to be used by both sexes provided that the door can be locked from the inside.

The requirements for patrons' and employees' washrooms may be summarized in the following flow diagram:

The Ontario Building Code is intended not to conflict with the regulations under the Health Protection and Promotion Act. The requirements of 1990 Ontario Regulation 562 - Food Premises (made pursuant to the Health Protection and Promotion Act) are applicable to all restaurants. Subsection 69.(4) of O. Reg. 562 permits a restaurant to have a single staff washroom serving both sexes if there are fewer than 5 employees. Furthermore, according to subsection 70.(3), separate facilities for employees and patrons need not be provided for patrons and staff if:

• the restaurant has fewer than 40 seats;
• patrons are permitted to use employee facilities;
• 2 employee's sanitary facilites, one for each sex, are provided;
• access to the sanitary facilites is from within the premises;
• patrons can gain access to the sanitary facilities without passing through food preparation or storage areas; and
• the number of fixtures is calculated in accordance with subsection 70.(2).

The washrooms must conform to the requirements of subsection 70.(3). Please note that O. Reg. 562 requires washrooms containing only one toilet and one washbasin to have a minimum floor area of at least 2.32 m².

November 2, 1995