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What would you do?

jar546

jar546

CBO
Joined
Oct 16, 2009
Messages
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Not where I really want to be
I'm always surprised at the variety of answers for any given situation so I would like to offer this one and ask what would you do if it was your jurisdiction?

You have a fast food style restaurant with an Occupant load just under 50 that has two bathrooms. One bathroom is handicapped accessible and the other bathroom is not. Both bathrooms are marked as unisex.

The owner locks the accessible bathroom and labeled it as employees only only leaving one not accessible bathroom for all customers. What would you do if anything to correct this?
 
Post sign if you need assistance please ask

Or

Have them move the employee bathroom to the other one

????
 
If I "have" it then I am the owner and I guess I would lock it....But seriously.....I would tell them they can't do that, ask for compliance, step 2 a bunch of research and paperwork, concurrent step 2, Call DOJ....Nothing will straighten them out like having the fed's on them....
 
Pass along some friendly advice to the establishment that they violating federal law, and as such open to lawsuits from the public and prosecution from the DOJ, and walk away.
 
If it is a single water closet toilet room then have him remove the "employee only" sign and replace it with "Family Toilet" sign. He will be compliant then

P] 2902.3.5 Door locking.

Where a toilet room is provided for the use of multiple occupants, the egress door for the room shall not be lockable from the inside of the room. This section does not apply to family or assisted-use toilet rooms.

The code does allow the locking of a toilet room so add a sign to ask management for the key
 
Is this new construction or recent enough that it warrants accessible restrooms? By today's codes and the occupant loading, 2 separate sex restrooms are required. (I do not have a problem with two uni-sex restrooms in lieu of a men's and women's restroom.)

Stage an "accident" and call for "Clean-up on Aisle 4.":D
 
Since I don't patronize them is this prevalent with fast food restaurants?

Being hearing impaired I should not believe everything I think I heard (or read for that matter). While I was talking occupant load of 15, 500 travel distance, etc., apparently the judge interrupted his court room and announced the fix;

 
I would wait for Mark Handler to chime in first? :)

Probably notify the ADA advocate to pay a visit.

Have an "accident" outside the locked door? Who's going to call the "cops!"

pc1
 
*Let me add some information here:

You are there because you received a written complaint at the municipality for this situation after the complainant tried to get the owner to correct this on his own.
 
jar546 said:
*Let me add some information here:You are there because you received a written complaint at the municipality for this situation after the complainant tried to get the owner to correct this on his own.
Click to expand...
Question: are you there as a building inspector, or the AHJ ADA coordinator?
 
separate sex restrooms are required, building inspectors should cite, before a disabled person, cr*ps on the floor in front of the service line, and sues

For existing facilities, i would probably accept the two unisex restrooms But not employee only
 
Once a building has been given a CO the building department is done. How a business owner controls the operation of the amenities within that building is outside the scope of the building code. If the owner does not want to turn the heat on for his customers that is his prerogative. Same with locking the doors to the restrooms. If he wants to control access to his restrooms that is his prerogative.

Now there may be something in other state or local laws that say different but as a building inspector you do not have the authority to enforce those provisions.

[A] 101.2 Scope.

The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
 
what would you do if they built a wall in the center of the space?

What would you do if they locked the required exit door?

restrooms are a health issue
 
Last edited by a moderator:
Darren Emery said:
:popcorn NOW we're getting to the heart of the matter. This is getting interesting!
Click to expand...
Selective enforcement? That's why we have lawsuits... "Access, not my job"...
 
I don't think we're talking about selective enforcement. At least not around here - can't speak for anyone else.

It's an issue of authority, right to enter, jurisdiction, and manpower. We occasionally get ADA complaints through our office. We refer them to the ADA coordinator at city hall. Ultimately, ADA violations NOT involving an open building permit fall under the jurisdiction of the DOJ.
 
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