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HomeMy WebLinkAboutMemo - Mail Packet - 2/15/2022 - Memorandum From Caryn Champine Re: Adoption Of The 2021 Building Codes And Gender-Neutral RestroomsPlanning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Date: February 10, 2022 To: Mayor Arndt and City Councilmembers Thru: Kelly DiMartino, Interim City Manager Kyle Stannert, Deputy City Manager From: Caryn Champine, Director of Planning, Development and Transportation Re: Adoption of the 2021 Building Codes and Gender-Neutral Restrooms The purpose of this memo is to respond to a Council request to explore options for gender-neutral restroom requirements and how these relate to the proposed 2021 Building Code updates. Staff was also asked to align these findings with the City of Fort Collins Municipal Equality Index rated by the Human Rights Campaign (HRC). This additional information is in anticipation of the February 15, 2022 First Reading of Ordinance No. 021, 2022, Amending Chapter 5, Article II, Division 2 of the Code Background: Current and Draft Building Code: The current adopted 2018 International Building Code (IBC) and the new proposed 2021 code require restroom facilities be provided in all new buildings, additions, renovations, and changes to the approved occupancy (change of use). The Building Code does not require existing buildings (that are not changing) to retroactively meet new code requirements because of the extensive cost impact to owners and enforcement challenges to the City. Building Services does not have a means or method to retro-actively require all existing buildings change existing restrooms to gender- neutral nor is there enforcement staff to verify compliance. The 2021 IBC code allows restrooms to be separate sex, gender-neutral, or a combination of having both. It does not require one type over the other. A small occupant load of 25 (100 for retail) or less can provide one single-user gender-neutral restroom to comply, and this is common in small occupant load buildings. For occupant loads exceeding the small loads above, at least 2 restrooms must be provided, and this can be achieved by separate sex or gender-neutral restrooms. The new 2021 code also allows compliance with a multi-user gender-neutral restroom. Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com The City of Fort Collins Municipal Equality Index:Since 2015, the City has participated in the Human Rights Campaign’s Municipal Equality Index. This scorecard is intended to examine cities across the nation for how municipal laws, policies, and services are for LGBTQ+ people who live and work there. This scorecard also guides the LGBTQ+ equity work at the City, led by our PRIDE Employee Resource Group. Based on the MEI scoring in 2015/2016, PRIDE prioritized the gap in equal access to restrooms. They added this action item to their work plan in 2018. In 2019, this goal guided a partnership with Operation Services to update of signage for nearly 60 single occupancy restrooms in City buildings. Additionally, Natural Areas updated their vault toilet signs at all sites for gender neutral use. The remaining gap in this aspect of the MEI scorecard is for a community facing requirement for single occupancy restrooms to have gender neutral signage. Staff Analysis: If Council would like to require gender-neutral restrooms aligned with the recommended best practices, it would require an amendment to this section of the building code such as the options listed here: Option 1: Require Single User Restrooms be Gender Neutral Add language that requires all single-user restrooms be gender-neutral but allows multi- user restrooms to be gender-neutral or separate sex. This would apply to all new builds, renovations, additions, and change of occupancy applications upon adoption. Considerations: This would result in more gender-neutral restrooms for buildings/projects that need a permit since most small and mid-size buildings use single-user restrooms. Given there would be no discernable cost impact to this change and it is in direct alignment with HRC supported best practice, staff does not believe that additional engagement and outreach would be necessary to make this change. Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Option 2: Require a Minimum Single User, Gender Neutral Restroom Require a gender-neutral restroom be provided if separate sex restrooms are provided. This would apply to all new builds, renovations, additions, and change of occupancy applications upon adoption. Considerations: This would result in a 3 rd restroom being required and a cost impact on average of $30k for a typical restroom. This would most likely result in the applicant changing their submitted design from two separate sex restrooms to two gender-neutral to avoid the additional restroom/costs. Due to the cost and policy impact of this change, Council should consider additional stakeholder engagement and analysis before finalizing this option. Option 3: Further Research and Exploration Council can also direct staff to conduct further research and outreach to explore alternative policy solutions and conduct necessary outreach and cost analysis. Next Steps: First Reading of the Items Related to the Adoption of the 2021 International Building Codes will be at Council February 15, 2022. Staff is prepared to discuss this information and take Council direction at that time.