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Shade Structure Building Classification

S

SeanHalvorson

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Joined
Jun 4, 2024
Messages
3
Location
SW. Florida
I have been contacted by a local HOA to build a shade structure in a park that they own. The shade structure will be a 30x40 Gazebo, I was under the impression this would be classified as a "U", structure not needing bathrooms available. The local AHJ is classifying it as A-5 and will need bathrooms. The HOA does not have it in their budget to add bathrooms at the moment. Is there any hope of rectifying this situation. We're in Southwest Florida using the 2023 Florida Building Code
 
This structure is not for one unit, it is a common use area.
you may invite guests, if you figure 1 person per 15 sq. ft. you could get upwards of 80 guests . The structure is too big, restrooms are required.
if it were in someone's back yard, i would/could go with a U-Occupancy but it's not.

Florida Plumbing Code 403.3.3 Location of Toilet Facilities in Occupancies Other Than Malls​

In occupancies other than covered and open mall buildings, the required public and employee toilet facilities shall be located not more than one story above or below the space required to be provided with toilet facilities, and the path of travel to such facilities shall not exceed a distance of 500 feet .
 
What's the purpose of a 30x40 gazebo? I assume it's for people to utilize. Maybe just hang out in the shade, have a picknick, or a party. Where do you expect them to do their business if you don't provide a bathroom? The pool?
 
There is no pool, or any other structures on the property, it's a nature preserve. They just want the gazebo / shade structure to give people a place to get out of the sun when they're walking on the nature trail. eventually they Will be putting bathrooms on the property, but it is not in the budget for the next few years. I'll talk to the Plans examiner and see if not having a floor may make a difference.
 
Welcome to the forum. Where in S.W. Fla are you located?

May I suggest you construct a "chickee" structure for now.

Chapter 553 Section 73 - 2011 Florida Statutes - The Florida Senate

www.flsenate.gov www.flsenate.gov

(i) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.
 
I thought about suggesting that, but the contractors who build them have huge wait lists, plus they want lighting. Good thought though.
 
I'd only require washrooms if the building were rentable.

From a policy perspective, I have an issue with this building driving washroom requirements. I don't see this building creating occupancy, it is just incidental to the existing use of the land. The driver for washrooms in this case should be the use of the land, not whether this building is there.

If the desire is that the use of this land requires washrooms, it should be located in planning instruments used by the local jurisdiction. They should not rely on the building code to require it in the off chance that someone decides to build a building.
 
Will the shade structure be made available for use by the general public? Or is it a private amenity, intended only for use by the residents and guests of the HOA?

Is there any amusement components or seating elements proposed underneath the structure, such as bleachers, grandstands, or stadium seating that would cause the building official to classify the shade structure as A-5?

Also, does the shade structure / gazebo have an impervious, waterproof roof?
To put is another way, will it look more like this?
1717782488901.png


or more like this?

1717782612250.png
 
SeanHalvorson said:
eventually they Will be putting bathrooms on the property, but it is not in the budget for the next few years
Click to expand...
And there we are. They know they need one. Don't build it until you can afford to build it to code. Restrooms are required. That is a pretty big structure for people walking to just need it for "shade." This is all about money for the HOAs. They know they need it but are trying to sneak it by.
 
jar546 said:
And there we are. They know they need one. Don't build it until you can afford to build it to code. Restrooms are required. That is a pretty big structure for people walking to just need it for "shade." This is all about money for the HOAs. They know they need it but are trying to sneak it by.
Click to expand...

I agree. 30' x 40' is 1200 square feet. (Thank you, Captain Obvious.) That's not just a place for a couple of people on a stroll to get out of the sun for a few minutes. That's an assembly space. If it's more than 500 feet from toilet facilities that would be open and available to people using this structure, it needs to have it's own facilities.
 
In fact, I have always read 403.3.3 as applying to travel to toilet facilities within a building. Only recently, my boss talked to our state building inspectors office and they offered that it can apply to toilet facilities in another building on the same property. That's a new one for me. I don't agree with it, but it came from the state so we'll roll with it.
 
I think here is something that gets abused by BO's a fair bit:

302.1 Occupancy Classification
Occupancy classification is the formal designation of the primary purpose of the building, structure or portion thereof. Structures shall be classified into one or more of the occupancy groups specified in this section based on the nature of the hazards and risks to building occupants generally associated with the intended purpose of the building or structure.

Sooooo.....if they INTEND to use it as a shade structure, then maybe it is....IF they change that use, then we have a code section and corresponding violation for that.....

[A]BUILDING. Any structure utilized or intended for supporting or sheltering any occupancy.

[A]STRUCTURE. That which is built or constructed.

Maybe it is a U structure now and an A building once they establish an occupancy in it.....

We should always ask what the intent is, not assume the worst possible use of the space.....
 
Joe.B said:
What's the purpose of a 30x40 gazebo? I assume it's for people to utilize. Maybe just hang out in the shade, have a picknick, or a party. Where do you expect them to do their business if you don't provide a bathroom? The pool?
Click to expand...
Whoops, reread thread. Looks like bathrooms are required.
 
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