DEC REQUEST DS 2017-033 STAFF ANALYSIS

ISSUE: DS 2017-033. Petitioner seeks a Declaratory Statement on an interpretation of Chapter 4, Section 403.1.3 Potty parity of the Florida Building Code, Plumbing – 5th Edition (2014)

Petitioner in DS 2016-000 seeks clarification of the following questions:

 

1.     Are bathroom facilities located within a private membership clubhouse considered to be open to the public? Specifically, the verbiage qualifying the applicability of section 403.1.3 applies to the facility that we have described?

2.     For the project in question, once the minimum number of required plumbing fixture is provided in accordance with section 403.1 and section 403.1.3 of the 2014 Florida Plumbing Code based in the occupant load for the building, does the ratio established by potty parity have to be maintained for the additional fixtures provided in excess of the minimum requirements?

 

Situation:

 

Background information as provided by the Petitioner:

 

Elite Consulting of SWFL is a private provider company as defined in the Florida Statutes 553.79.

We provide plan review, inspections, and consulting services for building projects in the South

West Florida area. We currently have a commercial project, which we are providing plan review

and inspections services for. This project consists of the replacement of an existing clubhouse

within a private golf club community. The new private membership clubhouse contains a dining

room area, locker room area, reading area, and other amenities within the building. The

building is classified as A3 with an occupant load of 450 occupants. Based in this occupant load

the design professional determined that the required number of water closet/urinals is 2 male

fixtures and 4 female fixtures per the Florida Plumbing Code section 403.1. This calculation also

satisfies the ratio of 3:2 female to male number of WC/Urinals fixtures as required on section

403.1.3 of the Florida Plumbing Code.

 

To provide convenience for the club members, the design professional would like to provide

additional WC/Urinals for both male and female. The proposed building is to have (8) fixtures

for male and {6) fixtures for female. The club members that use the facility on a daily basis are

majority male, and use the building while they play golf in the surrounding areas. There are also

social events, such as holiday parties held at this facility where members can have additional

guests.

 

In previous projects, the local building department has required us to maintain the ratio of

section 403.1.3. for fixtures above the minimum required by the code. In working with the

design professional, the question has risen about providing the minimum required by the code

and what the criteria is for providing fixtures beyond the minimum requirements.

 

Also, during our study of the project another question came up with regards to “restrooms

open to the public" since this is a qualifying statement for the applicability of section 403.1.3.

Our client maintain that this is a private membership facility for the residents and guests of the

subdivision that the clubhouse serves.

 

For the above mentioned reasons, Elite Consulting of SWFL, seeks clarification of these

requirements as “substantially affected person" under the procedures set forth in F.S. 553.775.

Per the 2014 Florida Building Code, Building section 201.4 Terms not defined. Where terms are

not defined through the methods authorized by this section, such terms shall have ordinarily

accepted meanings such as the context implies.

 

Definition of Clubhouse per Merriam-Webster (1) a house occupied by a club or used for club

activities, (2) locker rooms used by an athletic team, (3) a building at a golf course typically

housing a locker room, pro shop, and restaurant.

 

 

Florida Building Code 5th Edition (2014) Plumbing

553.86 Public restrooms; ratio of facilities for men and women; application; incorporation into the Florida Building Code.—The Florida Building Commission shall incorporate into the Florida Building Code, to be adopted by rule pursuant to s. 553.73(1), a ratio of public restroom facilities for men and women which must be provided in all buildings that are newly constructed after September 30, 1992, and that have restrooms open to the public. This section does not apply to establishments licensed under chapter 509 if the establishment does not provide meeting or banquet rooms which accommodate more than 150 persons and the establishment has at least the same number of water closets for women as the combined total of water closets and urinals for men.

CHAPTER 4: FIXTURES, FAUCETS AND FIXTURE FITTINGS

 

SECTION 403 MINIMUM PLUMBING FACILITIES 

 

403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Table 403.1. Types of occupancies

not shown in Table 403.1 shall be considered individually by the code official. The number of occupants shall be determined by the Florida Building Code, Building. Occupancy classification shall be determined in accordance with the Florida Building Code, Building.

 

403.1.3 Potty parity. 
In assembly occupancies, restrooms which are open to the public must have a ratio of 3:2 water closets provided for women as the combined total of water closets and urinals provided for men, unless these are two or fewer such fixtures for men, in accordance with Section 553.86, Florida Statutes. 

Exception: This section does not apply to establishments licensed under Chapter 509, Florida Statutes, if the establishment does not provide meeting or banquet rooms which accommodate more than 150 people, and the establishment has at least the same number of water closets for women as the combined total of water closets and urinals for men.

 

403.1.3.1 Definitions.

1. New construction. Means new construction, building, alteration, rehabilitation or repair that equals or exceeds 50 percent of the replacement value existing on October 1, 1992, unless the same was under design or construction, or under construction contract before October 1, 1992.

2. Assembly occupancy. The use of a building or structure, or any portion thereof, for the gathering together of people for purposes such as civic, social or religious functions or for recreation, or for food or drink consumption, or awaiting transportation.

 

3. Historic building. For the purposes of this section, a historic building is:

1. Individually listed in the National Register of Historic Places; or

2. A contributing resource within a National Register of Historic Places listed district; or

3. Designated as historic property under an official municipal, county, special district or

state designation, law, ordinance or resolution either individually or as a contributing

property in a district, provided the local program making the designation is approved by

the Department of the Interior (the Florida state historic preservation officer maintains a

list of approved local programs); or 4. Determined eligible by the Florida State Historic

Preservation Officer for listing in the National Register of Historic Places, either

individually or as a contributing property in a district.

 

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 5th Edition (2014) Building

 

CHAPTER 2 DEFINITIONS

 

SECTION 201 GENERAL

 

201.4 Terms not defined. 
Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

 

PRIVATE. In the classification of plumbing fixtures, “private” applies to fixtures in residences and apartments, and to fixtures in nonpublic toilet rooms of hotels and motels and similar installations in buildings where the plumbing fixtures are intended for utilization by a family or an individual.

 

PUBLIC OR PUBLIC UTILIZATION. In the classification of plumbing fixtures, “public” applies to fixtures in general toilet rooms of schools, gymnasiums, hotels, airports, bus

and railroad stations, public buildings, bars, public comfort stations, office buildings, stadiums, stores, restaurants and other installations where a number of fixtures are installed so that their utilization is similarly unrestricted.


Staff Analysis:

Question 1:   Are bathroom facilities located within a private membership clubhouse considered to be open to the public? Specifically, the verbiage qualifying the applicability of section 403.1.3 applies to the facility that we have described? 

 

Answer:  Yes, as per Section 403.3 and Section 202 definition of the term “Public or Public Utilization” of the 5th Edition (2014) Florida Building Code, Plumbing, bathroom facilities located within the building in question are considered to be open to the public.

 

Question 2:   For the project in question, once the minimum number of required plumbing fixture is provided in accordance with section 403.1 and section 403.1.3 of the 2014 Florida

Plumbing Code based in the occupant load for the building, does the ratio established

by potty parity have to be maintained for the additional fixtures provided in excess of

the minimum requirements?

 

Answer:  No, since the minimum number of required plumbing fixtures is provided in accordance with Section 403.1 and Section 403.1.3 of the 5th Edition (2014) Florida Building Code, Plumbing, the ratio established by potty parity is not required to be maintained for the additional fixtures.