Date of Publication: January 12, 2026 [2023.18.V-02.C]

Subject: Barrier-Free Washrooms in Restaurants 2024 OBC UPDATE

Summary of Updates: New code references, additional references made to the NBC.

Incoming Request: 

A 36-seat A2 restaurant has been proposed on the ground floor (entry level) of an existing suite, in a one-storey Part 3 building more than 5 years old. The suite is over 300 m2 in area, and the work is considered an extensive renovation, as the suite has been demolished back to base building level. Which parts of the suite require a barrier-free path of travel and which barrier-free washroom features are required?

Executive Summary:

In the scenario described, a second washroom shared between staff and patrons requires a barrier-free path of travel, a water closet (w.c.) in compliance with Article 3.8.3.9. and the lavatory and accessory features of Article 3.8.3.11 when it is located within 45 m of a universal washroom.

Considerations:

Part 11 and Section 3.8. Application:

Since the building is more than 5 years old, Article 1.1.3.3B. of Div. A. directs one to Part 11, where Sentence 11.3.3.2.(2), states that all of Section 3.8. applies. Article 3.8.1.1. provides exemptions (houses, some industrial buildings, etc.) but they do not apply to this building or suite.

Barrier-free path of travel requirements:

Article 3.8.2.1. describes areas requiring a barrier-free path of travel and exemptions. The exemptions contained in Sentences 3.8.2.1.(2) and (3) do not apply in this scenario, so a barrier-free path of travel is required throughout all normally occupied areas of the suite. 

Number of water closets and application of Section 3.8 to washroom requirements:

The designer has indicated an occupant load of 36 patrons and 4 employees, therefore employees can share washroom facilities with patrons as permitted by Sentence 3.7.4.3.(7). As per Table 3.7.4.3.D., the number of required w.c.’s will be one per sex for a total of two. As described in sentence 3.7.4.2.(9), the w.c. requirements can be met by one universal washroom and one washroom containing one w.c., provided neither washroom is signed for gender. 

Barrier-free features required in washrooms:

One universal washroom will be constructed as required by Sentence 3.8.2.3.(2). and Table 3.8.2.3.A. It should be noted that while Table 3.8.2.3.A refers to numbers of “washrooms per building”, in a building where there are multiple suites, each independently controlled, one can substitute “suite” for building for the purposes of this table. Since the suite is located on a storey required to have a barrier free path of travel, Article 3.8.2.3. will apply, and as the second washroom is a required washroom, it will be subject to Sentence 3.8.2.3.(3):

• (a): Washroom shall comply with Articles 3.8.3.8. to 3.8.3.11. (stalls or enclosures, water closets, urinals and lavatories and accessories), and
• (b) the number of barrier-free water closet stalls or enclosures shall conform to Table 3.8.2.3.B

Table 3.8.2.3.B prescribes the number of water closets stalls or enclosures “per washroom”. As a result of new design trends, or where only a small number of w.c.’s are required, designs may show individual stalls or enclosures grouped together, but not within a washroom. As a result, where the table contains the word “washroom” it could be re-read as “washroom grouping”, similar to Table 3.8.3.13. for showers. As this washroom grouping (the second washroom) contains only one w.c., and there is a universal washroom within 45 m, the stall or enclosure is not required to be barrier-free, and Article 3.8.3.8. will not apply. In this case a urinal is not proposed, so Article 3.8.3.10 will also not apply. Articles 3.8.3.9. and 3.8.3.11. will apply. Note that if the number of w.c.’s in the grouping is 4 or more, one or more of the stalls or enclosures must meet the requirements of Article 3.8.3.8.

Barrier-free path of travel and power door opener:

As the second washroom is part of the normally occupied floor area, the door requirements of Article 3.8.3.3. will apply. The requirement for a power door operator (PDO) found in Clause 3.8.3.3.(6)(a) will not be applicable, as the washroom (enclosure or stall) is not required to be barrier-free and contains limited barrier-free features. If the second washroom were required to contain a barrier-free stall, one could argue the PDO would be required. It is worth noting that the 2020 and 2025 National Building Code do not contain a clause similar to 3.8.3.3.(6)(a). Clause 3.8.2.7.(1)(c) of the NBC requires a PDO at the door of a washroom containing a barrier free water closet only when the door is equipped with a  self-closing device.

Risk/Benefit Analysis:

Provision of barrier-free features is a stated objective of the code. In this scenario, a dedicated universal washroom has been provided to serve a suite of approximately 40 people. The second washroom will have limited barrier-free features (barrier-free path of travel, water closet, lavatory and accessories if provided). The risk of a person with a disability being unable to access washroom facilities is very low.

Conclusion

Interpreting the barrier-free washroom requirements of Article 3.8.2.3. requires a detailed step-by-step process. Where requirements appear unclear, referring to appendix notes may be helpful. The common sense lens also may have to be applied keeping in mind the code objective of ensuring that washroom facilities are accessible to persons with a range of abilities.

Referenced Documents:

2020 Ontario Building Code O.Reg 163/24 Amended to 5/25 :

Article 1.1.3.3B. of Div.A

Sentence 11.3.3.2.(2). of Div B

Article 3.8.1.1. of Div B

Article 3.8.2.1. of Div B

Sub-section 3.7.4. of Div.B

Article 3.8.2.3. of Div. B

Articles 3.8.3.8. to 3.8.3.11. of Div. B

Article 3.8.3.3. of Div. B

2020 and 2025 National Building Code of Canada:

Article 3.8.2.7.

Disclaimer:

This guidance document is intended to assist building officials by gathering relevant information to interpret the OBC Act and the prescriptive requirements of the Ontario Building Code, and is intended to be a best practice aid for building officials.

The views expressed within this guidance document should not be considered as the official interpretation of legislated requirements based on the Ontario Building Code, as the final responsibility for interpretation rests with the local Authority Having Jurisdiction. The views of this advisory committee should not be construed as legal advice.