Issue:  DCA09-DEC-130 by James Schock, City of Jacksonville.  The Petitioner is requesting clarification regarding section 403.2 of the 2007 Florida Building Code, Plumbing.  The Petitioner provides for the following question:

 

Question: Does the restaurant in question meet exception 3 of section 403.2 allowing it to have a single toilet room or since it is a food service establishment does it require separate facilities since it seats more then 10 which is implied in exception 2.

 

Background:

 

(1) Situation:     The Petitioner provides that they currently have a project located at 7945 103rd street, Jacksonville Florida, Unit 1 permit number B09308917.  The project is a restaurant within a shopping center and has an area of less than 3,000 Square feet and an occupant load of less than 50.  Section 309.1 of the Florida Building Code, Building allows restaurants with an occupant load of less than 50 to be classified as a Mercantile Occupancy.  This facility has an occupant load of 35 but has seating for 11.

 

(2) 2007 Florida Building Code, Plumbing

 

403.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex.

 

Exceptions:

 

1.         Separate facilities shall not be required for dwelling units and sleeping units.

 

2.         Separate facilities shall not be required for food service establishments which seat 10 persons or less.

 

3.         Separate facilities shall not be required in business and mercantile occupancies with a total floor area of 3,000 square feet (279 m2) or less.

 

(3) 2007 Florida Building Code, Building

 

102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

 

309.1 Mercantile Group M. Mercantile Group M occupancy includes, among others, buildings and structures or a portion thereof, for the display and sale of merchandise, and involves stocks of goods, wares or merchandise incidental to such purposes and accessible to the public. Mercantile occupancies shall include, but not be limited to, the following:

 

Department stores

Drug stores

Markets

Motor fuel-dispensing facilities

Retail or wholesale stores

Restaurants and drinking establishments with an occupant load of less than 50 persons

Sales rooms   

 

Staff recommendation:

 

Question:          Does the restaurant in question meet exception 3 of section 403.2 allowing it to have a single toilet room or since it is a food service establishment does it require separate facilities since it seats more then 10 which is implied in exception 2.

 

Answer:            As per section 102.1, since the requirements of section 403.2, Exception 2 of the FBC, Plumbing is more specific and restrictive than those of section 403.2, Exception 3 of the FBC, Plumbing, or section 309.1 of the FBC, Building with regard to “food service establishment”; the project in question is required to provide for separate facilities.