BCAB #1577 - Accessible Toilet Room, Sentences 3.8.2.3.(2) & 3.8.2.31.(1)

December 18, 2002

BCAB #1577

Re: Accessible Toilet Room, Sentences 3.8.2.3.(2) & 3.8.2.31.(1)

Project Description

The project in question is a proposed new 16-storey hotel. The ground floor contains lobby, restaurant/lounge, ballroom and associated washrooms. The second floor contains a pool, hot tub, exercise room, meeting rooms and associated accessible washrooms as well as15 guest rooms. The remaining floors contain only guestrooms except for a lounge on the 16^th floor. An accessible toilet room conforming to Sentence 3.7.4.8.(9) is provided on the ground floor.

Reason for Appeal

Sentence 3.8.2.3.(2) requires "at least one" accessible toilet room conforming to Sentence 3.7.4.8.(9) in every building where water closets are required. Sentence 3.8.2.31.(1) requires "every type of public facility" in hotels to be accessible.

Appellant’s Position

The appellant contends that the single accessible toilet room proposed for the ground floor meets the requirements of Sentence 3.8.2.3.(2) and has not proposed any other such facilities in the building. The other public washrooms are also accessible but have multiple water closets.

Building Official's Position

The building official maintains that a second accessible toilet room is required on the second floor to serve the pool, hot tub and exercise facility. The code envisions the need for more than one accessible toilet room in a building similar to the fact that more than the minimum two exits are required from many buildings. It is unreasonable to expect someone who needs the toilet room to leave the fitness facility and make their way to the ground floor toilet room. This would be in contravention of Sentence 3.8.2.31.(1) which requires "every type of public facility" in hotels to be accessible. The fitness facility is not accessible without an accessible toilet room.

Appeal Board Decision #1577

It is the determination of the Board that the design as proposed satisfies the minimum provisions of Sentence 3.8.2.3.(2). The code does not intend there to be more than one washroom conforming to Sentence 3.8.2.3.(2) in any building. The lack of a washroom conforming to Sentence 3.8.2.3.(2) in or near the fitness facility does not render that facility inaccessible within the intent of the code.

George Humphrey, Chair