8. Going back. Prior to the new regulations in 1994 commonly called potty parity. 248 c.m.r. was for the most part silent on requirements of handicapped toilet facilities. Only mentioned under (h) page 63 (see enclosure, item #5) Facilities for the Physically Handicapped Person. 1. Authority, Plumbing fixtures for the physically handicapped shall be installed in conformance with the most recent rules adopted by the Architectural Access Board. 521 c.m.r. section 30 required toilet rooms for the public. Public being in their terms open to the general public.(see 521 c.m.r. section 30, and definition public, item #6, 2 pages). I came to understand this section very well when back in 1991 the owner a small business challenged the installation of handicapped toilet facilities in an auto parts store. The architects had submitted plans showing h.p. toilet rooms. The plumber that bid the job figured for such. The owner contended they did not need h.p. toilet rooms. This was later confirmed by Lou Visco, former Executive Secretary for The Plumbing Board. (see letter June 7, 1991, item #7). Lou explained to me just what the code said, this was not considered public under 521 c.m.r. Lou also explained this will be changing, when the new regulations are written language will be added to address handicapped toilet rooms in all locations.

9. New Regulations 1994. I remember when the new regulations came out. I got a copy from Dave Martin, former plumbing inspector for The Town Of Methuen, and at the time president of the Northeastern Mass. Plumbing & Gas Inspectors Association. I still have the exact copy. It still needed to be renumbered. Dave and I discussed the new regulations. There were two (2) major changes that I knew and Dave agreed that Plumbing Inspectors must be explained. First was when toilet facilities would be required for places of assembly. The new regs would require toilet facilities for patrons starting with an occupancy of one. Prior it was twenty (20). In fact there are still many people that still think it’s twenty. And the second major change were the regulations for handicapped toilet facilities, which would now be required for all uses.

10. Confirming, understanding, and working with the new regulations. I knew that when I started to enforce these new regulations I would have to explain why. So I asked a lot of questions to a lot of people. I spoke with Lou Visco and we talked about different job situations, one example would handicapped toilet facilities now be required in that auto parts store. The answer was yes and this is how it was explained to me. Section 2.10,19,m,2 when public rest rooms are installed, handicap fixtures shall be installed to comply with the requirements of 248 c.m.r. 2.10, 19, m. Now you must refer to the definition of public in our code 248 c.m.r. Public or Public Use, In the classification of plumbing fixtures, public shall apply to every fixture no t defined under private or private use. Private or Private Use. In the classification of plumbing fixtures private shall apply to fixtures in residences, apartments, condominiums, and to private guest rooms in hotels and motels.(see enclosed item #8) This definition means that according to our plumbing code everything is considered public except residential use. It would be no different than section 2.10,19,n,3 Water closets for public use shall be of the elongated type. Or section 2.10,19,n,1 Toilet rooms accessible to the public that have two or more water closets or urinals shall have a floor drain. (see enclosed copy, item #9) Next you must refer to table #1 The auto parts store would be considered retail sales and under retail sales refer to foot note m. M reads, Handicapped Facility Requirement. Facility for the physically handicapped person. 1. Fixtures shall be installed in conformance with 521 c.m.r.3.30 public toilets (for fixtures dimensional requirements only).(see enclosed copies, item #10 2 pages,) This means handicapped toilet rooms must be installed. To further support the definition of public referring back to table #1 and you will find footnote m under every use except residential.

11. More support needed. I needed more information, I wanted to know why handicapped toilet rooms would be required everywhere except residential. The answer is found in 521 c.m.r. First, 248 c.m.r. does not require separate toilet rooms for employees and customers, or the general public. Except in a school then separate staff toilet rooms are required. So most buildings would be built with toilet facilities that are used by both staff and customers or the general public. Referring to 521 c.m.r. h.p. toilet facilities are required in parts of some building that are accessible to the public but may also be used by employees. For example, (please refer to copies enclosed, item #11, 7 pages).16.1 for houses of worship include administrative offices, 14.1 places of assembly includes but not limited to ticket offices, backstage areas, etc.13.2 Public use and common areas, include offices and meeting rooms, gift shops exam rooms, etc.12.1.1 educational includes administrative spaces.11.1 commercial buildings include many uses doctors, dentists, lawyers, insurance companies, etc.7.1 retail establishments include but are not limited to areas where the service or product is offered to the public, dressing rooms, and public toilet rooms provided for clientle.With all of the mix uses and so many areas that would be used by both employees and public or customers, makes it difficult if not impossible to determine what toilet room must comply. Also many establishments have been installing toilet facilities for customers even though they are not required to. For example, supermarkets, and large retail stores like Home Depot. So the Plumbing Board decided the best solution was to require h.p. toilet facilities for all uses.

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