DEC REQUEST DS 2017-060 STAFF ANALYSIS

 

ISSUE: DS 2017-060. Petitioner seeks a Declaratory Statement on an interpretation of Chapter 29, Section 2901 General of the  Florida Building Code 5th Edition (2014) Building and Chapter 4, Section 403 MINIMUM PLUMBING FACILITIES of the Florida Building Code, Plumbing – 5th Edition (2014)

Petitioner in DS 2017-060 seeks clarification of the following questions:

 

Bank of America is always looking for new ways to serve its customer’s.  Because of the unmanned nature of these centers and the concern for the safety of the customers, the Bank is seeking a declaratory statement on whether or not the code requirement of public restroom facilities would apply to such centers that are un-staffed? 

 

 

Situation:

Bank of America has a number of existing facilities throughout the State of Florida that consist of an unstaffed, climate controlled, interior vestibule that provides a safe environment for its customers to access ATM machines 24 hours a day. These facilities vary in size and are either in a free standing building or are an individual in·-line facility located within a strip retail shopping center. Bank customers gain entry to these facilities using their Bank issued ATM cards by swiping these cards at a card reader located at the entry door.

Bank of America is seeking to enhance these centers by adding two, 50 square foot in size, ADA accessible, private booths with video conferencing capabilities to each site. This will, provide their customers with an opportunity  to interact with a bank representative to  discuss account  issues in  a more, private setting other than an open vestibule.

 

Florida Building Code 5th Edition (2014) Building

 

CHAPTER 29: PLUMBING SYSTEMS

SECTION 2901 General 

Section 2902.3 Employee and public toilet facilities. 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 toilet facilities shall be provided in accordance with Section 2902.1 for all users. Employees shall be provided with toilet facilities in all occupancies. Employee toilet facilities shall either be separate or combined employee and public toilet facilities.

Exception: Public toilet facilities shall not be required in open or enclosed parking garages. Toilet facilities shall not be required in parking garages where there are no parking attendants.



Florida Building Code 5th Edition (2014) Plumbing

 

CHAPTER 4 FIXTURES, FAUCETS AND FIXTURE FITTINGS

SECTION 403 MINIMUM PLUMBING FACILITIES

 

Section 403.3 Required public toilet facilities. 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 toilet facilities shall be provided in accordance with Section 403 for all users. Employees shall be provided with toilet facilities in all occupancies. Employee toilet facilities shall be either separate or combined employee and public toilet facilities.

Exception: Public toilet facilities shall not be required in open or enclosed parking garages. Toilet facilities shall not be required in parking garages where there are no parking attendants.

Florida Building Code 6th Edition (2017) Plumbing

403.3 Required public toilet facilities. 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 toilet facilities shall be provided in accordance with Section 403 for all users. Employees shall be provided with toilet facilities in all occupancies. Employee toilet facilities shall be either separate or combined employee and public toilet facilities.

Exception: Public toilet facilities shall not be required in:

1. Open or enclosed parking garages where there are no parking attendants.

2. Structures and tenant spaces intended for quick transactions, including takeout, pickup and drop-off, having a public access area less than or equal to 300 square feet (28 m2).

 

Description:

The codes described above would substantially affect the petitioner by requiring the installation of restroom facilities once a building permit is sought for the addition of the private booths to the ATM vestibules.  The petitioner states the following:

 

•       No food or beverages are available at these sites.

•       These are un-staffed sites that leverage technology in the form of ATM devices and live video conferencing to engage and service customers.

•       Due to the unstaffed nature of these sites, Bank of America did not include  restrooms.

•       Bank of America is also concerned about customer security/safety.

•       Bank of America is not providing a traditional lobby waiting area as 95% of customers using the site will be on-site for less than 5 minutes.

•       Bank of America actively monitors ATM devices to ensure a customer wait time of 5 minutes or less.

•      If customer wait times exceed the 5 minute threshold routinely, Bank of America will add additional device capacity to the  site to minimize customer wait  time.

Average customer interaction time in the video conferencing booth is less than 8 minutes.


Question: Bank of America is always looking for new ways to serve its customer’s.  Because of the unmanned nature of these centers and the concern for the safety of the customers, the Bank is seeking a declaratory statement on whether or not the code requirement of public restroom facilities would apply to such centers that are un-staffed? 

Answer:  Yes, as per Section 2902.3 of the 5th Edition (2014) Florida Building Code, Building and Section 403.3 of the 5th Edition (2014) Florida Building Code, Plumbing, public toilet facilities are required for the project in question.