STATE OF
BUILDING COMMISSION
In the Matter of
CITY OF
BUILDING INSPECTION
DIVISION,
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing
proceeding came before the Florida Building Commission (the Commission) by a
Petition from James R. Shock, P.E., C.B.O., of the City of
Findings of Fact
1. The petition is filed pursuant to, and must conform to the requirements of Rule 28-105.002, Florida Administrative Code.
2. The Petitioner is an agency of the City of
3. The Petitioner has received plans for a restaurant within a shopping center that has an area of less than 3000 square feet, an occupant load of 35, and seating for 11 patrons.
4. The Petitioner inquires whether the Code requires a separate toilet room for each sex?
Conclusions of Law
1. The
2. Section 309.1, Florida Building Code, Building Volume, identifies restaurants and drinking establishments with an occupancy load of less than 50 persons as a mercantile occupancy.
3. Section 403.2, Florida Building Code, Plumbing Volume, requires separate facilities for each sex where plumbing fixtures are required subject to the following relevant exceptions:
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.
4. Section 102.1, Florida Building Code, Building Volume, provides that:
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.
5. The exceptions cited above conflict; application of the language from exception 2 indicates that separate facilities are required because the project is a food service establishment with seating for more that 10 persons; exception 3 indicates that separate facilities are not required as the space qualifies as a mercantile occupancy. 6. The exception pertaining to foodservice establishments is more specific than that applying to mercantile and business occupancies and therefore governs the circumstances.
7. The restaurant requires separate facilities.
Petitioner and all
other interested parties are hereby advised of their right to seek judicial
review of this Order in accordance with Section 120.68(2)(a), Florida Statutes,
and with Fla. R. App. 9.030(b)(1)(C) and 9.110(a). To initiate an appeal, a Notice of Appeal
must be filed with Paula P. Ford, Clerk of the Commission,
DONE AND ORDERED
this ______ of _____________, 2008, in
______________________________
Raul L. Rodriguez, AIA, Chair
Department of Community Affairs
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ________ day of __________, 2008.
______________________________
PAULA P. FORD
Commission Clerk
Via
James R. Shock, P.E., C.B.O. Mo Madani, C.B.O. Manager
Building Inspection Division Manager Codes and Standards Section
City of