Gender Neutral Restroom

v.
International Plumbing Code
By John England CBO, MCP

The question has come up in class and in emails several times as to gender neutral restrooms. All the
while the code is silent on this. Given time the code revisions will be proposed and adopted that will help
clarify the intent of the code. Code Revisions take years to promulgate, and the issue is what do you do
now, when confronted with such a question.

I. Code References

IPC Table 403.1 give us fixture counts, and 403.1.1 gives us fixture calculations, 403.1.2 Single User Toilet
(revised from 2015 IPC) and Section 403.2 Separate Facilities (#4 added from 2015 IPC) . And IBC
1109.2.1 Family and Assisted Use Toilets.

403.1.1 Fixture calculations. To determine the occupant load of each sex, the total occupant load shall be divided in
half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to
the occupant load of each sex in accordance with Table 403.1. Fractional numbers resulting from applying the fixture
ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies,
such fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number.
Exception: The total occupant load shall not be required to be divided in half where approved statistical data indicates
a distribution of the sexes of other than 50 percent of each sex.

403.1.2 Single-user toilet facility and bathing room fixtures. The plumbing fixtures located in single-user toilet facilities and
bathing rooms, including family or assisted use toilet and bathing rooms that are required by Section 1109.2.1 of the
International Building Code, shall contribute toward the total number of required plumbing fixtures for a building or tenant
space. Single-user toilet facilities and bathing rooms, and family or assisted-use toilet rooms and bathing rooms shall be
identified for use by either sex.
403.1.3 Lavatory distribution. Where two or more toilet rooms are provided for each sex, the required number of
lavatories shall be distributed proportionately to the required number of water closets

IBC 1109.2.1 Family or assisted-use toilet and bathing rooms. In assembly and mercantile occupancies, an accessible family or
assisted-use toilet room shall be provided where an aggregate of six or more male and female water closets is
required……………….”

403.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex.
Exceptions:
1. Separate facilities shall not be required for dwelling units and sleeping units.
2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both
employees and customers, of 15 or fewer.
3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or
fewer.
4. Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer.

Disclaimer: The White paper has been written to help clarify a section of the code which is vague or silent. The
opinions of the author are only there to help guide the Building Official as to the intent of the code.

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 II Solutions

The first question we must answer is, what is the intent of the code? Answer: to have enough toilet and lavatory facilities to
handle the occupant load of the building. All the while considering “equal rights” for all and including accessibility access.

The solutions is not a one size fits all but will change with the occupant load and occupancy classification of the building. We
will look at several scenarios and come up with solutions that not only meet the code but include all genders and accessibility
while maintaining the intent of the code., enough toilets and lavatories for the occupant load.

Problem 1
You have a business (B) occupancy with an occupant load of 25. The same scenario would apply in a
mercantile (M) occupancy with an occupant load of 100, and any occupancy with an occupant load of
15. (IPC 403.2).

Assume we have a business with an occupant load of 40.

Solution:
And code does not distinguish whether they need to be male or female. .

Solution: We install 2 accessible toilet rooms 1 accessible lavatories in a common area to be used by
all. We label both toilet rooms gender neutral and accessibility.

Question: If the dotted (blue) line is a cased 36” (32” CLEAR) opening then is the entire area considered
a room with two stalls.

If you don’t consider it a room then: 405.3.2 would require a lavatory in each stall (room)
405.3.2 Public lavatories. In employee and public toilet rooms, the required lavatory shall be located in the same
room as the required water closet.

NOTE: There is a different between a toilet stall and a toilet room. In gang bathrooms we hace common
lavitories and toilet stalls in the toilet room.

Code Note: If you have a restaurant with an occupant load of 40, the IBC allows you to consider it a “B” occupancy for fire
ratings, etc. The IPC does not allow you to size the bathroom in accordance with a business , but must still consider it a “A’
occupancy (restaurant) . This is also true in IBC table 1004.5 where we use “function of space” and not occupancy classification
from IBC chapter 3

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Problem 2
A restaurant (A) with an occupant load 250 occupants.

Solution According to IPC 503.1.1 we divide the number of occupant in ½ for each sex .
250 ÷ 2 = 125 each for male and female toilets, or 2 each for each sex. Looking at 403.1 we only need 2 lavatories
and it does not distinguish between male or female.

We also need at least one accessible toilet for each sex.

Consider: Installing one accessible toilet room (sink optional) and 3 other toilet rooms . And install the 2
lavatories in a common area. Sign all of them unisex with exception of accessible (unisex accessible)

1. Toilet stalls are floor to ceiling with full doors.

(no toilet partitions allowed)

2. Common area(room) does not have a door

3. IPC 424.2 Urinals can be substituted for water

closets. This is an option, not a requirement.

The intent of the code is to have enough water

closets and lavatories for the occupant load.

Personal notes:
NOTE 1 : If you have traveled overseas much this is a
common practice having lavatories in a common
area.

NOTE 2: Florida Plumbing code requires lavatory in

handicap stall (room)

NOTE 3: If women complain, the answer is we are

all equal

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Problem 2
A 10-screen movie theater with occupant load of 200 in each theater. (10 x 200 = 2000 occupants total)

Solution According to IPC 503.1.1 we divide the number of occupant in ½ for each sex .
2000 ÷ 2 = 1000 each for male and female occupants.

>Looking at 403.1, Male 1000 ÷ 125 = 8 water closets, Female 1000 ÷ 65 = 16 water closets.
> Lavatories 2000 ÷ 200 = 10 lavatories

IBC 1109.2.1 Family or assisted-use toilet and bathing rooms. In assembly and mercantile occupancies, an accessible
family or assisted-use toilet room shall be provided where an aggregate of six or more male and female water closets
is required……………….”

IBC now requires a Family or Unisex toilet room. This will count towards the total fixture count for the building .
The question is which one do you loose male or female water closet?

An equitable solution would be to put in two (2) gender neutral rooms that would qualify for both accessible sexes,
as well as keep the gender neutral and family toilet requirements .

Each gang toilet would now have :

Male 7 water closets and 4 lavatories
Female 15 water closets and 4 lavatories

Question: Now that you have met all the mandatory requirements can the male and female gang bathrooms not
have accessible toilets stalls?
Install signage directing them to the accessible ones.

Code Note: Do not forget to read 403.3.3 & 403.3.4 Travel distances.

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 Dealing with the local
Building Department

Now that you have made your decision on how to accomplish the gender-neutral bathrooms, how do
you convince your local building department.

Make an appointment and sit down and talk to the Plan Examiner, and if possible, the Building Official.
Make sure you have all your numbers correct as well as any other documentation. Here are several
code sections that may help you.

[Al 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building
official shall have the authority to render interpretations
of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations,
policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall
not have the effect of waiving requirements specifically provided for in this code.

[Al 104.10 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the
building official shall have the authority to grant modifications for individual cases, upon application of the owner or the
owner's authorized agent, provided that the building official
shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance
with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or
structural requirements. The details of action granting modifications shall be recorded and entered in the files of the
department of building safety.

NOTE: You can always put in for an alternative design (written request) AT WHICH POINT THE Building
Official must respond in writing if rejected and give valid reasons why. Larger jurisdictions usually
have a formal process for this .
[Al 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not
intended to prevent the installation of any material or to prohibit any design or method of construction not specifically
prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of
construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the
intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than
the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where
the alternative material, design or method of construction is not approved, the building official shall respond in writing,
stating the reasons why the alternative was not approved.
[A] 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or
assemblies not specifically provided for in this code, shall consist of valid research reports from
approved sources.

NOTE: Most states do not adopt Chapter One and will allow it to be rewritten by the local jurisdiction .
Check with the local building department to see what they have done to Chapter one.

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