Appeal 33462

1210.3.1

Water Closet Compartment. For toilet rooms with two or more water closets require a separate compartment with walls or privacy partitions with a door for privacy.

Exception #2 Allows Toilet rooms in child day care facilities with two or more water closets are allowed to have one water closet with the fully enclosing compartment and door.

We have (2) two restrooms for children under the age of 5 containing (2) toilets each. We wish to not fully enclose all toilets used by toddlers for security and safety reasons.
In addition, Oregon Department of Early Learning and Care Licensing (DELC) Regulations requires that providers are within sight and sound of the children in their care at all times. A teacher helping a child in a restroom still needs to be able to see/hear children in the classroom, and vice versa.

The toilets in question are to be used by children ranging from 1 to 5 years old.
We have provided a 4' high privacy partition between the two toilets and a 4' high wall enclosing both toilets within a restroom with a half height door (4’). The intent is to allow teachers to maintain the required oversight of children while toileting and provide privacy between the two toilets and the rest of the classroom.

We feel it more likely that children will require assistance while near the toilets and it is very important for the teachers to visually be able to see all of the children in their care at any time.

Privacy versus safety. They are both important - but we feel that at this young age safety is more important. Teachers/staff can provide additional screening if children are uncomfortable.
While at some point during growing up - privacy becomes an issue - that can be dealt with in each classroom but - to fully enclose all toilets with partitions creates a safety and security issue for the children.
(See appeal 31933 for similar granted appeal)

2902.1

Table 2902.1, minimum number of plumbing fixtures, requires (1) drinking fountain per floor in educational occupancies

The intent of the code is met through having an accessible sink in every classroom area with potable drinking water.

The proposed design does not provide a drinking fountain in the school, but it does include an accessible sink in every classroom area for access to potable water. Cups are available adjacent to each sink in the meal prep cabinets.

The proposed design has a sink that is available to everyone in each classroom, and also the staff break area, with potable water for drinking from the sink faucet. Cups would be available for use. There is not a good place for a single drinking fountain that would allow teachers oversight of students at the fountain and their classroom simultaneously as is required by (DELC), it would be redundant, and it would cause potential oversight problems with toddler use. (See appeal 28117 for similar granted appeal)