Can a business stay open with its restrooms out of service?

The federal workplace safety standard on sanitation is 29 CFR 1910.141. Arizona adopts it. The Arizona Administrative Code, section R20-5-602, says "Each employer shall comply with the standards in Subparts B through Z inclusive of the Federal Occupational Safety and Health Standards for General Industry, as published in 29 CFR 1910." So the federal toilet rule applies to Arizona employers, and it covers "all conditions and practices related to general industry activity by all employers, both public and private."

Paragraph (c)(1)(i) of 1910.141 says toilet facilities "shall be provided in all places of employment in accordance with table J-1." The number of water closets depends on the number of employees:

The standard also says the requirements do not apply to mobile crews or to "normally unattended work locations" as long as employees working there have transportation immediately available to nearby toilet facilities that meet the other requirements. That exception does not fit a staffed shop or office.

Here is what that means when a restroom goes down. Count the working water closets and compare them to Table J-1 for the number of employees on shift. A business with 20 employees needs at least 2. If one of two is out, the business is below the table minimum until it is fixed. A business with one working toilet and 12 employees is still at the minimum. A single-occupancy toilet room that locks from the inside and has at least one water closet can serve as the room for either sex.

Paragraph (c)(1)(iii) of 1910.141 adds that "the sewage disposal method shall not endanger the health of employees." So a backup that puts sewage on the floor is a health problem apart from the count.

The 2024 International Plumbing Code (IPC) addresses public restrooms in Section 403.3. For structures and tenant spaces intended for public use, it says customers, patrons and visitors shall be provided with public toilet facilities, and employees must have toilet facilities too. The number of fixtures comes from the table in Section 403.1 for all users.

Section 403.3.1 of the 2024 IPC adds a rule on access. It says: "The public shall have access to the required toilet facilities at all times that the building is occupied." So the model code expects the required public restrooms to be open while the business is open.

There is an exception in Section 403.3. Public toilet facilities are not required for parking garages operated without attendants, or for spaces meant for quick transactions such as takeout, pickup and drop-off that have a public access area of 300 square feet or less. A small takeout counter may fall under that exception. A full-service restaurant, a retail store or an office lobby does not.

Cities adopt and amend the IPC, so the local version controls. Phoenix, for example, amends Section 403.2. Ask your building department how it applies to your space. The code sets the design rule for the building. It does not spell out a step-by-step plan for a temporary outage, and no section we reviewed says how long a restroom may be down. What it shows is what regulators expect to be working.

Food businesses have a third layer. Maricopa County's Environmental Health Code adopts the U.S. Food and Drug Administration 2017 Food Code by reference and defines the county's Environmental Services Department as the regulatory authority. In its rule on the transition to a new owner, the county requires the new owner to agree to "immediately cease operations" if an imminent health hazard occurs. It lists examples: "fire, flood, electrical or water outage, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health."

That line sits in the new owner rule, but it shows how the county treats a water outage or a sewage backup. A restroom out of service because of a sewer backup, or a loss of water that also shuts off hand sinks, is the kind of event a food business should report to Environmental Services before it serves another customer. Call the department. Do not guess.

Work through these steps in order, and write down what you do as you go.

1. 1Count what still works. Compare your working fixtures to Table J-1 for employees, and to the plan for public fixtures.
2. 2Find the cause fast. A clog at one fixture is a small repair. Several fixtures backing up at once points to the main line. Our guide on why multiple drains back up explains the difference.
3. 3Tell the right people. Call your landlord or property manager if you lease. See commercial plumbing, tenant versus landlord and what to do first after a sewer backup in a multi-tenant building. If you serve food, call the county.
4. 4Do not count on a workaround. A portable toilet or a neighbor's restroom may or may not be accepted by your city or health department. Ask before you rely on one.
5. 5Post clear signs so customers know where to go and staff know what to tell them. The plumbing code requires signs on required public restrooms, and directional signs to them, so keep those in place.

Our checklist for calling a commercial emergency plumber after hours lists what to have ready when you call. If your restroom is an accessible one, our page on ADA commercial restroom plumbing covers the extra rules.

Keep a record. Note the time the restroom failed, what you did, who you called and when it was fixed. If a landlord, inspector or insurer asks later, a dated log is the easiest way to show you acted quickly. Take photos of any overflow or damage before cleanup starts.

Watch for partial outages. A toilet that flushes slowly, a lavatory with no hot water or a sink that drains poorly is not a full outage, but it still counts against the minimum. The federal standard says each lavatory must have hot and cold running water, or tepid running water, so a restroom sink with no water at all is a problem even if the toilet works.

HQ Plumbing and Air answers commercial plumbing calls around the clock. We are licensed and insured, we give free estimates, and you get the price up front, so you can decide how fast to reopen with the facts in front of you.