La. Admin. Code tit. 51 § XXIII-3119

Current through Register Vol. 50, No. 4, April 20, 2024
Section XXIII-3119 - Minimum Plumbing Fixtures
A. Table 411 of Part XIV (LAC 51:XIV.Table 411) lists the minimum number of plumbing fixtures required for retail food service establishments under the following building or occupancy classifications:
1. retail stores;
2. restaurants/food service establishments; and,
3. clubs, lounges, and restaurants/food service establishments with club, or lounge.
B. The following serves to clarify the basic requirements and exceptions to Table 411 itself as may be applicable to retail food service establishments:
1. With the exception of retail stores associated with retail fuel stations and/or restaurant/food service establishments associated with retail fuel stations and retail stores that require 2 or more different food permits (see Paragraph 3 below), a single facility consisting of one water closet and one lavatory may be used by both males and females in the following occupancies subject to the building area limitations:

Occupancy

Total Building Area (sq ft)

Retail Store (within covered mall)

3500

Occupancy

Usable Floor Space (sq ft)

Restaurant/Food Service Establishment

(excluding retail fuel stations)

500

Retail Store (excluding retail fuel stations)

1500*

* A single facility [normally allowed under this Paragraph for a retail store occupancy (excluding retail fuel stations)] does not apply when the conditions of Subparagraph 3.a. below exist.

2. If alcoholic beverages are to be served, facilities shall be as required for clubs or lounges; however, this requirement shall not be construed to require a restaurant/food service establishment which serves alcoholic beverages and consists of 500 square feet or less of usable floor space to add any more toilet rooms than the minimum required pursuant to Paragraph 1 above (as long as such small restaurant/food service establishment does not have a wet bar and thus would not fall under the "Club, Lounge, and Restaurants/Food Service Establishments with Club, or Lounge" occupancy classification).
3.
a. A retail store which requires two or more different food permits (e.g., Grocery Permit, Restaurant Permit, etc.) under this Part and has a combined usable floor space of more than 500 square feet shall be required to provide no less than a minimum of two facilities consisting of one water closet and one lavatory each.
b. A retail store which requires two or more different food permits under this Part and has a combined usable floor space of 500 square feet or less shall be allowed to operate with a single facility consisting of one water closet and one lavatory used by both males and females. The allowance to operate with a single facility assumes that a wet bar is not located on the premises.
4. The drinking fountain requirement under the building or occupancy classifications listed in Subsection A above may be waived for certain food service establishments if drinking water is dispensed in an approved, sanitary manner in accord with the requirements of this Part. Minimally, the food service establishment facility shall hold a health permit from DHH-OPH which requires a 3 compartment sink and a hand wash lavatory in the food preparation area. Any food service establishment facility issued a health permit under the requirements of the this Part but not meeting the minimum sink/hand wash lavatory requirement [such as grocery store serving pre-packaged food items only (equivalent to a retail store)] shall install a publicly accessible drinking fountain(s) in accordance with the requirements of Table 411 of Part XIV.

La. Admin. Code tit. 51, § XXIII-3119

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 38:2926 (November 2012).
These pre-existing regulations are being re-codified as LAC 51:XXIII.3119. These regulations can also be viewed in LAC 51:XIV.411.
AUTHORITY NOTE: Promulgated in accordance with provisions of R.S. 40:4 and R.S. 40:5.