ORDINANCE NO. BL2016-238

An ordinance amending Chapters 6 and 16 of the Metropolitan Code of Laws to amend adopted building codes and business regulations regarding bathroom facilities.

WHEREAS, the applicable codes for building standards are updated by international bodies on a periodic basis, and such updates are adopted by the Metropolitan Council into the Metropolitan Code of Laws in Chapter 16 as the governing standards for Davidson County, Tennessee; and,

WHEREAS, business licenses and regulations in Nashville and Davidson County are promulgated under the Metropolitan Code of Laws in Chapter 16; and

WHEREAS, amendments to update these sections of Metropolitan Code of Laws § 6 and 16 is in the best interests of the citizens of Nashville and Davidson County.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Chapter 6.06 of the Metropolitan Code is hereby amended by deleting Section 6.06.040 in its entirety and substituting the following in lieu thereof:

6.06.040 - Permit—Issuance conditions.

No permit for the operation of an after-hours establishment shall be issued until it shall be found that the place for which the same is issued complies with and conforms to all laws, ordinances, health and fire regulations applicable thereto, is properly ventilated and supplied with sufficient toilet conveniences and is a safe and proper place for the purpose for which it shall be used. The permit for after hours establishment shall be in writing and shall be posted in a conspicuous place in the establishment at all times when the same shall be operated. Further, no after hours establishment permit shall be issued for an applicant establishment if any person, firm, corporation, limited liability company, partnership, joint-stock company, syndicate, or association having at least a five percent interest in the establishment has been convicted of any crime involving moral turpitude within the past ten years. Moral turpitude shall be defined as all sex-related crimes, premeditated murder, illegally selling class 1 and class 2 controlled substances, embezzlement and crimes involving dishonesty.

Section 2. Chapter 6.12 of the Metropolitan Code is hereby amended by deleting Section 6.12.030 in its entirety and substituting the following in lieu thereof:

6.12.30 - Permit—Issuance conditions.

No permit for the operation of a public dancehall shall be issued until it shall be found that the place for which the same is issued complies with and conforms to all laws, ordinances, health and fire regulations applicable thereto, is properly ventilated and supplied with sufficient toilet conveniences and is a safe and proper place for the purpose for which it shall be used. The permit for such dancehall shall be in writing and shall be posted in a conspicuous place in the dancehall at all times when the same shall be operated.

Section 3. Chapter 16.08 of the Metropolitan Code is hereby amended by deleting subsection I of Section 16.08.012 in its entirety and substituting in lieu thereof the following new subsection I:

16.08.012 - Amendments to the International Building Code.

The following amendments, deletions or additions to the 2012 Edition of the International Building Code are adopted by reference as fully as though copied into said Dwelling Code and thereby made a part of the Dwelling Code.

I. Section 2902.2 of the 2012 Edition of the International Building Code is hereby amended by deleting Section 2902.2 and substituting the following:

2902.2 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 for any building or tenant space equipped with two (2) or more toilet facilities if each such toilet facility consists of a single water closet and is equipped with an interior door lock.
3. Separate facilities shall not be required in structures or tenant spaces with a total gross square footage in the following occupancies.

Exception: Any business that dispenses gasoline or diesel oil to the public shall have separate bathroom facilities for each sex.

Section 4. Chapter 16.08 of the Metropolitan Code is hereby amended by adding a new subsection K to Section 16.08.012, as set forth below, and re-numbering the remaining subsections as necessary:

16.08.012 - Amendments to the International Building Code.

The following amendments, deletions or additions to the 2012 Edition of the International Building Code are adopted by reference as fully as though copied into said Dwelling Code and thereby made a part of the Dwelling Code.

K. Section 2902.4 of the 2012 Edition of the International Building Code is hereby amended by deleting Section 2902.4 and substituting the following:

2902.4 Signage. Required public facilities shall be designated by a legible sign, either for each sex, or as a unisex, two family or assisted-use toilet facility, depending upon requirements herein. Signs shall be readily visible and located near the entrance to each toilet facility. Signs for accessible toilet facilities shall comply with Section 1110.

2902.4.1 Directional signage. Directional signage indicating the route to the public facilities shall be posted in accordance with Section 3107. Such signage shall be located in a corridor or aisle, at the entrance to the facilities for customers and visitors.

Sponsored by: Brett Withers, Freddie O'Connell, Jeremy Elrod, Mina Johnson

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2016-238

Mr. President –

I move to amend Ordinance No. BL2016-238 as follows:

I. By amending Section 2, which addresses Chapter 6.12 of the Metropolitan Code of Laws, by deleting it in its entirety and renumbering the remaining sections as necessary.

Sponsored by: Brett Withers

AMENDMENT NO. 2
TO
ORDINANCE NO. BL2016-238

Mr. President –

I move to amend Ordinance No. BL2016-238 as follows:

I. By amending Section 3 by deleting it in its entirety and replacing it with the following:

Chapter 16.08 of the Metropolitan Code is hereby amended by deleting subsection I of Section 16.08.012 in its entirety and substituting in lieu thereof the following new subsection I:

16.08.012 - Amendments to the International Building Code.

The following amendments, deletions or additions to the 2012 Edition of the International Building Code are adopted by reference as fully as though copied into said Dwelling Code and thereby made a part of the Dwelling Code.

Section 2902.2 of the 2012 Edition of the International Building Code is hereby amended by deleting Section 2902.2 and substituting the following:

2902.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex. Sections 2902.2.1 and 2902.2.2 identify criteria whereby family or assisted-use facilities or single-stall facilities shall not be required to be identified for exclusive use by either 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 gross square footages in the following occupancies.

Exception: Any business that dispenses gasoline or diesel oil to the public shall have separate bathroom facilities for each sex.

Chapter 16.08 of the Metropolitan Code is hereby further amended by deleting subsection J of Section 16.08.012 in its entirety and substituting in lieu thereof the following new subsection J:

J. Section 2902.2 of the 2012 Edition of the International Building Code is hereby amended by deleting Section 2902.2.1 it in its entirety and substituting the following new Section 2902.2.1, new Section 2902.2.2 and new Section 2902.2.3.

2902.2.1 Family or assisted-use toilet facilities serving as separate facilities. Where a building or tenant space requires a separate toilet facility for each sex and each toilet facility is required to have only one water closet, two family or assisted-use toilet facilities shall be permitted to serve as the required separate facilities. Family or assisted-use toilet facilities shall not be required to be identified for exclusive use by either sex and shall be deemed to meet the requirements of this code.

2902.2.2 Single-stall facilities. Where toilet facilities have only one water closet, those facilities shall not be required to be identified for exclusive use by either sex.

2902.2.3 Lavatories. In toilet rooms, the required lavatory shall be located in the same room as the required water closet.

Exception. Educational occupancies

Sponsored by: Brett Withers

LEGISLATIVE HISTORY
Introduced:	May 17, 2016
Passed First Reading:	May 17, 2016
Referred to:	Codes, Fair, and Farmer's Market Committee
Passed Second Reading:	June 7, 2016
Amended:	June 21, 2016
Passed Third Reading:	June 21, 2016
Approved:	June 22, 2016
By: