Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Adrian Jones, Senior Plans Examiner Barry Walthall, Building Safety Manager
CC:	Scott McCullough, Planning & Development Services Director
Date:	December 13, 2012
RE:	Ordinance 8828 – Building Code Amendments

The attached Ordinance No. 8828 includes amendments to the 2009 International Building Code. The Building Code Board of appeals considered revising requirement that separate male and female restrooms be provided when the design occupant load for carryout only commercial fast food establishment exceeds 15.

Separate Restroom Facilities.

The Building Code Board of Appeals met November 12, 2012 for a regular scheduled meeting.  At that meeting the Board reviewed a request for a code change to section 2902.2 of the 2009 International Building Code.  That section requires that separate male and female restrooms be provided for employees and patrons when the design occupant load exceeds 15. The request for the change was submitted by Kevin Salmon an architect with the firm Wilkus Architects, Eden Minnesota. Mr. Salmon is the lead architect and project manager for Papa Murphy’s Pizza. Papa Murphy’s is a carryout only commercial food establishment where the customer comes in and orders a pizza to take home and bake. Mr. Salmon has submitted a permit application for a Papa Murphy’s tenant finish at 650 Congressional Drive. The design of a typical Papa Murphy’s tenant space is mostly kitchen, food preparation area and storage with a small area of about 250 square feet for customers to order and pick up pizzas. The tenant spaces are typically between 1500 and 1800 square feet and the normal design occupant load for a tenant space of this size is around 40 occupants. In most businesses the Building code requires separate male and female restrooms when the occupant load exceeds 15. Mr. Salmon argues that providing two restrooms is not needed for this type of fast-food establishment due to the length of time patrons are actually in the store. He stated that his company’s research indicated that due to the lack of sit down dining the typical length of time a customer was actually in the store was only 5 to 7 minutes. Mr. Salmon also argues that even though Papa Murphy’s serves food and drink it more closely resembles a mercantile occupancy where the customers come in and pick up items on display and not a typical sit down restaurant. The code requires separate facilities in mercantile occupancies only when the occupant load exceeds 50.   

The board reviewed the proposed text amendment. They concluded that due to the mercantile nature of carry out establishments they should not be held to the same standards for restrooms as other restaurant type occupancies. The board also agreed with Mr. Salmon that this occupancy did most resemble a mercantile occupancy and those standards for restrooms should apply. The amendment was restricted to carryout fast-food establishments only.  

Requested Action:

Adopt Ordinance 8828 on first reading.