Does a small Tempe business need separate men's and women's restrooms? IPC 403.2

Section 8-600 adopts the 2024 IPC and prints the section as amended. Section 403.2 starts with the rule: "Where plumbing fixtures are required, separate toilet facilities shall be provided for each sex." It then lists six exceptions:

1. 1Dwelling units and sleeping units.
2. 2Structures or tenant spaces with a total occupant load, including employees and customers, of 30 or fewer (the quote above).
3. 3Mercantile occupancies where the maximum occupant load is 30 or fewer.
4. 4Business occupancies where the maximum occupant load is 30 or fewer.
5. 5Where single-user toilet rooms are provided in accordance with Section 403.1.2, the facilities need not be designated by sex.
6. 6Where rooms with both water closets and lavatories are designed for use by all persons regardless of sex, and privacy is provided for water closets under 405.3.4 and for urinals under 405.3.5.

Two drinking water sections sit next to it. Section 410.2 says "Drinking fountains shall not be required for an occupant load of 30 or fewer." Section 410.4 says "Occupancies that provide food and/or beverage service to patrons do not need to provide drinking fountains." In other occupancies where fountains are required, "water dispensers, bottled water dispensers or bottled water, where free of charge," may replace not more than 50 percent of the required number.

• Occupant load. The text here counts employees and customers together. How the number is calculated comes from the building code, not from this section.
• Tenant space. One leased unit within a larger building. Exception 2 applies to a structure or a tenant space.
• Single-user toilet room. Exception 5 points to Section 403.1.2 for what qualifies; this page does not restate that section.
• Separate facilities. Distinct toilet rooms for each sex. The exceptions excuse the split, not the fixtures: the section opens with "Where plumbing fixtures are required."

Owners, tenants and designers of commercial and non-residential spaces in Tempe, including cafes, offices, shops and clinics.

It does not apply to dwelling units and sleeping units, which are exception 1. It also does not reduce the number of fixtures the code otherwise requires, and it does not replace accessibility rules, which this section does not address.

A 28-seat cafe. The total occupant load, staff and guests combined, comes in at 28. Exception 2 means the plans need not show separate rooms for each sex. The restroom still has to meet the fixture count and the accessibility rules.

The same cafe in Mesa. Mesa amends only Exception 2, to 25 or fewer, so Exception 2 no longer reaches a 28-person space there. Mesa's amendment text changes no other 403.2 exception, so the space still needs a different exception (for example a single-user room under Exception 5) to skip the split. A 28-person retail shop or office is a different case: Mesa's text does not touch the mercantile and business exceptions, so check whether one of them still applies before assuming Mesa requires separate rooms. That is the edge case that flips for the cafe: moving a concept from Tempe to Mesa, or copying a Tempe prototype plan across, can change the restroom layout.

A 45-person clinic. Exception 2 is out of reach. Single-user toilet rooms under Exception 5 avoid designating by sex, if they meet 403.1.2.

A brewery taproom. It provides beverage service to patrons, so 410.4 says it does not need drinking fountains.

1. 1Have the occupant load calculated for the specific tenant space before choosing a layout. The exceptions turn on the total, employees and customers combined.
2. 2Decide whether a single-user room layout (Exception 5) gets you under or around the 30 line.
3. 3Show the exception being claimed on the plan notes so the reviewer sees it. Plans go through Tempe's online permit portal under Section 8-105.3.
4. 4For drinking water, note whether the use is food or beverage service (410.4), under 30 occupants (410.2), or needs fountains with a dispenser substitution.
5. 5Keep ADA and accessibility design on a separate checklist; this section does not address it.

• Using the Mesa number in Tempe, or the reverse. Tempe's Exception 2 says 30 or fewer. Mesa's amended Exception 2 says 25 or fewer, and Mesa leaves its other 403.2 exceptions as they are.
• Reading the exception as no restroom. The section opens with "Where plumbing fixtures are required."
• Counting only staff. Exception 2 counts "both employees and customers."
• Assuming every occupancy needs fountains. Section 410.4 exempts food and beverage service, and 410.2 exempts 30 or fewer.

The city's code text governs; this page explains it.