Interpretation #: CEB-2023-02 [2014 IBC-2902.1]

Building or Fire Safety Law Interpreted

675 IAC 13-2.6 2014 Indiana Building Code Section 2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the occupancy and in the minimum number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the building official. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3.

Issue

Whether Section 2902.1 and Table 2902.1 of the 2014 Indiana Building Code (IBC) require the A-2 assembly portion of a winery to comply with the tabular minimum fixture count provided for "A-2: nightclubs, bars, taverns, dance halls and buildings for similar purposes" or with the tabular minimum fixture count provided for "A-2: restaurants, banquet halls and food courts.".

Interpretation of the State Building Commissioner

Section 2902.1 and Table 2902.1 of the 2014 IBC require the A-2 assembly portion of a winery to comply with the tabular minimum fixture count provided for "A-2: restaurants, banquet halls and food courts.".

Rationale

Section 2902.1 of the 2014 IBC refers readers to the contents of Table 2902.1 to determine the minimum required number of plumbing fixtures in structures or spaces, determined by the occupancy group and the intended use of the structure or space. The project at the center of this request is the assembly occupancy portion of a winery, to be utilized for limited dining as well as for wine tastings and other recreational events.

There is no dispute that the area in question is an A-2 occupancy group – an assembly space with an occupant load of 50 or greater in which consumption of food and/or drink takes place. However, Table 2902.1 provides two different minimum plumbing fixture counts for A-2 spaces, based on the nature of the A-2 use. One is for assembly spaces in which drink consumption is a primary component of recreational entertainment, such as nightclubs, bars, and taverns. The other is for assembly occupancies in which drink consumption is typically adjunct to dining activities.

The serving area of a winery is not an immediately obvious fit in either of these categories, and it must therefore be considered based on the owner's actual intended use. As the proposed facility has been described in the interpretation request, the assembly space is for limited dining and drinking. Wine or other alcohol consumption will occur, but typically either as an accompaniment to dining, or as recreational/educational sampling or tasting of winery wares. Hours of operation are described as much more limited than typically occurs in bars and night clubs. In these regards the proposed use has little in common with the plumbing demands of nightclubs, bars, or dance clubs, and more in common with the plumbing demands of dining establishments.