BEFORE
CONTINUEING WE RECOMMEND READING THE FOLLOWING WALL STREET JOURNAL
ARTICLE MERCHANTS
MAY RUN A FOUL OF RULES ON RESTROOM ACCESS
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For
employees at the work place, access to building toilet
facilities is covered by well enforced Federal
Regulations. For customers or visitors to a
business establishment, toilet access is covered mostly at the
state and local level. A few states and some municipalities
have, or are considering, laws requiring 'customer' restroom
access. See Building
Toilet Requirements for additional information.
More broadly, building restroom access
at non-food
business establishments is
typically covered by state building code. Most States adopt the
same or similar 'Model Consensus Code'. A typical example can be found at
the following location in Sect
403 of the IPC's Minimum Plumbing Facilities
Typically
this code requires that all buildings have restrooms and that all
occupants be allowed to use the restroom. When a
person enters a business establishment, assuming they were not immediately asked to
leave, they are an occupant. Locked restrooms are
acceptable as long as all occupant requests to use the toilet
facilities are honored.
While the Code is typically adopted at the
state level, building code is most often enforced at the local
level. Violation is often an administrative
matter (i.e. not criminal) and is typically handled by a
municipal commercial building code enforcement office. A complaint leads to an inspection of the facility. Any
code violations found may lead to
warnings, fines or the closing of the business until the
violation is resolved. Unfortunately, code enforcement
officers like to 'see' a code violation. For example, if
the toilet had been removed they would issue a
citation. Unfortunately, they are less certain when
enforcing a complaint
from someone who was not allowed access to a
restroom.
It is also helpful if
you first ask he local commercial code enforcement official to explain
the code. This forces them to read the
code. They will be less likely to say the code
doesn't exist when you then tell them about the 'not allowed to
use' incident.
If they are hesitant to act, you will need to
get support from an elected official. Most elected
officials are not knowledgeable about these codes. To be
successful it is important that you do as much of the ground
work as possible. Research the exact code for the area
and
know the Office responsible for enforcement. Be willing to
do the work on behalf of the the elected official who 'opens the
doors' for you.
To better insure success
you
should try to interest a newspaper in what is typically a compelling human interest
story. Speaking honestly is powerful, but it
is not necessary to say you lost
control. It is sufficient that the 'denial' left you in a terrible
situation (e.g. in crippling pain). Reporters are
almost always operating on deadline. Let them know there
is a web site that has all the support material they will
need. Also let them know there is a listing of stories
published by other newspapers
Working
with both a news reporter and your elected representative is
mutually beneficial. The reporter will be more confident
that they have a legitimate story and the politician will know
that their effort to help you will be seen by the electorate.
Besides nudging the government to act, it makes other business owners
aware of local toilet code and they will begin to tow the
line. Your fellow citizens are also enlightened and
more willing to stand firm when told there are no public
restrooms in a building.
Please
remember this information is a guide since individual situations
are unique. No matter how limited, please let
us know of your own results so your experience can help others.