12. More information needed. I still wanted more information simply so I would get it right. I sat down with my Building Inspector and the assistant building inspector. We discussed different hypothetical situations and tried to determine the intent of the code. We talked about an existing function hall on the second floor. The owner wanted to remodel the existing toilet rooms. Must the new toilet rooms be handicapped, even though the second floor is not accessible. The answers is yes. First, 521 cmr 3.3.1a if the work costs less than $100,000. Then only the work being performed shall comply. (see enclosed copy, item #12.) In this case the only work being performed was the renovation of the toilet rooms. Second and most importantly you do not have to be in a wheelchair to be handicapped. Also, we thought of a small retail store like the auto parts store. We determined that the intent was that any employee hired by the store could be handicapped. It made common sense and these situations were backed up by many people. The Plumbing Board included.

13. Working with this section for the past ten years. I have dissected this section of the code. In 1995 I submitted eight (8) proposed code revisions. Seven (7) were approved and adopted, Six (6) of the revisions were in section 2.10,19 (see enclosures, item #13, 9 pages). Among these revisions was the addition of the definition of unisex toilet room, unisex toilet rooms in a day care center, I removed a loop hole under toilet facilities for industrial employees now requiring toilet rooms for each sex, and the rewording of 2.10, 19,m,3,a allowing a unisex handicapped toilet room as the third toilet room. I have also had support from the Plumbing Board, whenever there was a question on the installation of handicapped toilet rooms, the explanation was always the same, handicapped toilet rooms for all uses except residential see foot note m. In addition this was again supported by way of many variances approved by the Plumbing Board. For example, 17 Dock Sq. Rockport, 1999 variance granted for section 2.19. 19, m not to require handicapped toilet room for retail sales. 5 Dock Sq. Rockport, 2000 variance granted for section 2.10, 19 m not to require handicapped toilet room for employees only in office space. 46 Granite St. Rockport, 2000 variance granted for section 2.10,19 h to allow the use of one unisex handicapped toilet room for staff in a bed and breakfast. T-Wharf Rockport, 2001 variance granted for section 2.10,19,m not to require a handicapped toilet room in the Harbormasters office. 172 Main St. Rockport Police Station, 2003 variance granted for section 2.10, 19m to allow one unisex handicapped toilet room for use by police officers only.(see enclosed copies of variances, item #14, 5 pages)

14. Where we are today. As I have mentioned before there is a conflict on handicapped regulations in 248 c.m.r. The new administration for the Plumbing Board has a totally different interpretation of all the points I have just made. And how this section has been enforced for the past ten years. We have been told that any enforcement of handicapped toilet facilities for employees is a direct violation of The Americans With Disabilities Act. This wording was added to the new proposed revisions, Handicapped toilet facilities for employees are subject to the requirements and jurisdiction of A.D.A. Americans With Disabilities Act and the Department Of Justice. (see enclosed copy, item # 15) In addition to this proposed revision the administration for the Plumbing Board related what they call policy changes. Recently at a continuing education seminar for Plumbing Inspectors, we were told that the definition of public as it appears in 248 c.m.r. must be disregarded, and we must now use the definition of public in Webster’s Dictionary. But most disturbing was that Inspectors were told not to enforce the dimensional requirements of 521 c.m.r. (see enclosed copies, item #16) The dimensional requirements in 521 c.m.r. are the only guide Inspectors and Plumbers have in order to install handicapped toilet facilities properly. I have passed out hundreds of copies of section 30.1, and have urged plumbers to purchase a copy of 521 c.m.r. I also pass them out to my students, and require them to keep them with their code book. These important measurements include clear space in front of the lavatory, space required between the water closet and lav., space between the water closet and the near and far wall, height of the urinal, height of the flush valve, location of the flush valve, height and knee clearance for a lavatory. It would be impossible for a plumber to properly rough in a handicapped toilet room without these important dimensions. In 1996 new dimensional requirements were added for children. These measurements are of the utmost importance to a Plumber and an Inspector. 

15. Conclusion. After ten years of enforcing this section of the code, and all the checks and balances I have put myself through. For someone to come along and tell me I have been wrong, in essence I have forced hundreds of consumers to install handicapped toilet rooms they did not need. Sent consumers for variances that where approved by the Plumbing Board they did not need, and wasted countless hours and thousands of dollars. I’m sure you would agree with my frustration. However I do not believe I have been wrong. I feel the administration for the Plumbing Board has not sufficiently researched the purpose of these regulations, and has not requested direction from other State Agencies. And has made hasty decisions that have caused at the least confusion among Plumbing Inspectors, And at the worst now the installation of toilet facilities that would have been, and should be handicapped accessible. We are here to agree on a solution to this problem. And adopt language that will provide an easy to understand code and accessible toilet facilities for all. My suggestion would be to remove all inferences to the term public in 248 c.m.r. and adopt the language contained in the rough draft of the committees proposed revisions that I must make aware have not been agreed on by the committee, under 19.7 Handicapped Accessible Toilet Facilities. All building uses shall be provided with handicapped accessible toilet facilities. At least one of each type of fixture in each toilet room at each location shall be designed for handicapped persons. All dimensional requirements shall conform to a current edition of 521 c.m.r. Rules And Regulations Of The Architectural Access Board. Including but not limited to , size of room, size of stalls, clear space near fixtures, size and location of fixtures, location and height of flush handles, door handles, grab bars, and proper signage. The use of handicapped toilet facilities in residential dwelling are limited. When required they shall comply with 521 c.m.r. section 42 and 44. (see enclosed copy item #17). Basically that’s what the regulations say now, and that’s what they should say.

Joseph P. Guzzo, Plumbing Inspector, Committee Chairman 

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