403.1.2 Family or assisted-use toilet and bath fixtures.

Fixtures located within family or assisted-use toilet and bathing rooms required by Section 1109.2.1 of the New York City Building Code are permitted to be included in the number of required fixtures for either the male or female occupants in assembly and mercantile occupancies.

403.1.3 Single-occupant toilet fixtures.

Fixtures located within single-occupant toilet rooms are permitted to be included in the number of fixtures required by Section 403, or where applicable the 1968 Building Code, for either the male or the female occupants. Fixtures located within toilet rooms subject to the exception of Section 403.2.1 are permitted to be included in the number of fixtures required by Section 403, or where applicable the 1968 Building Code, only for that sex.

(L.L. 2016/079, 6/28/2016, eff. 10/26/2016)

403.2 Separate facilities.

Where plumbing fixtures are required, separate facilities shall be provided for each sex.

   Exceptions:

      1.   Separate facilities shall not be required for dwelling units and sleeping units.

      2.   In structures or tenant spaces where combined employee and public toilet facilities are provided in accordance with Section 403.3, separate facilities shall not be required where the total number of employees, customers, patrons and visitors is 30 or fewer.

      3.   In structures or tenant spaces where required toilet facilities for only employee use are provided in accordance with Section 403.3, separate facilities shall not be required where the total number of employees is 30 or fewer.

      4.   In structures or tenant spaces where required toilet facilities for only public use are provided in accordance with Section 403.3, separate facilities shall not be required where the total number of customers, patrons and visitors is 30 or fewer.

403.2.1 Family or assisted-use toilet facilities serving as separate facilities.

Where a building or tenant space requires a separate toilet facility for each sex and each toilet facility is required to have only one water closet, two-family* or assisted-use toilet facilities shall be permitted to serve as the required separate facilities. Family or assisted-use toilet facilities shall not be required to be identified for exclusive use by either sex as required by Section 403.4.  

(Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

* Editor's note: As set forth in L.L. 2023/077; intended reference is likelty "two family or assisted-use toilet facilities...."

403.2.2 Single-occupant toilet rooms.

All single-occupant toilet rooms shall be made available for use by persons of any sex. Existing toilet rooms shall comply with this section. Nothing in this section shall be construed to affect or alter the number of toilet rooms in a building otherwise required pursuant to this code or where applicable the 1968 Building Code.

   Exception: Where egress from a single-occupant toilet room is through a room permissibly restricted by sex.

(L.L. 2016/079, 6/28/2016, eff. 10/26/2016)

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 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 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 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 m 2 ).

      2.   Establishments less than 10,000 square feet (929 m 2 ) 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 a Group B occupancy in accordance with Section 303.1.2 of the New York City Building Code.

403.3.1 Access.

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. Routes shall comply with the accessibility requirements of the New York City Building Code. The public shall have access to the required toilet facilities at all times that the building is occupied.