18 AAC 31.520. Toilet facilities

(a) Except for a food establishment described in (f) of this section, the operator of a food establishment that provides seating for its patrons must provide at least one toilet facility and one lavatory for use by the establishment's consumers. In addition, the operator shall ensure that toilet facilities and lavatories are installed and maintained as required in 18 AAC 30.610, 18 AAC 30.630, 18 AAC 30.640 and 18 AAC 30.650, and that the number of toilet fixtures, urinals, and lavatories in the establishment conforms to the State Plumbing Code, at AS 18.60.705 .

(b) If a food establishment does not seat consumers on the premises, the operator of the establishment shall provide toilet facilities and lavatories for employees on the premises or as provided in (d) of this section.

(c) Employees and consumers may use the same toilet facilities if consumers can do so without entering a food preparation, food storage, warewashing, or utensil storage area.

(d) Consumers and employees may use the same public toilets in a multiple activity area, such as a shopping mall or sports center, if those facilities

(1) meet the requirements of (a) of this section;

(2) are available when the food establishment is operating;

(3) are located within 200 feet of the food establishment; and

(4) are in the same building on the same floor.

(e) The operator of a food establishment shall ensure that

(1) toilet fixtures are kept clean and in good repair;

(2) toilet rooms are completely enclosed and have tight-fitting, self-closing doors that remain closed except during cleaning or maintenance;

(3) toilet tissue in a wall-hung or protected container is provided at each toilet; and

(4) easily cleanable waste containers are provided and emptied at least once each day.

(f) The requirements of this section do not apply to a

(1) temporary food service subject to 18 AAC 31.600;

(2) limited food service that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.610(c) ;

(3) mobile food unit that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.620(g) ;

(4) mobile retail food vendor that sells only prepackaged food and that meets the requirements of 18 AAC 31.625(1) ; or

(5) kiosk that sells only prepackaged food and that meets the requirements of 18 AAC 31.615(c) .

(g) An exemption in (f) of this section does not relieve an operator from complying with requirements of the Department of Labor and Workforce Development.

History: Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152

Authority: AS 17.20.005

Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.520, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also amended 18 AAC 31.520(a) and (f), and added new subsection (g). Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.

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