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E7 Under discussion, Director Rymer emphasized that this is an appeal of a decision by the Building Code' of Adjustment Appeals. She pointed out that the applicant did not meet the intent of the code by the alternate method proposed. Actually, it goes a little bit further than just talking about direct access. A significant part of the issue was that there was never intent for facilities in the smaller stores to be open to the public. The developer provided public facilities in remotely located areas of the center in Buildings B and F. The rest rooms in the smaller tenant spaces were primarily designed for employee use only, but when we told the developer that the other facilities did not satisfy the requirements, they came back with the idea of having the rest rooms accessed through the stockroom by permission only and in a supervised manner. The Building Code of Adjustment and Appeals decided that the applicant was not entitled to any kind of relief on this. Commissioner Macht didn't know how any of that affected his Motion on the floor, and Chairman Tippin explained that we are under discussion of the Motion. Commissioner Adams disagreed with Attorney Evans' statement that accessibility is physiological; she believed it is physical. However, she didn't understand how this project differs from an enclosed mall where we allow public facilities to satisfy the requirements, and Director Rymer explained that in a covered mall you do not have to go outside to use the public' rest rooms. In this case, the public facilities in Buildings B & F are 600-700 feet apart and only accessible from the outside. Commissioner Macht understood there is a portico outside the building, but Director Rymer explained that all the buildings are not connected. Commissioner Adams felt the distance to walk to Buildings B & F would be similar to covered malls where the public facilities tend to be out of the way. However, she was concerned about increased liability and security by requiring the small stores to provide public access to their toilets. There are obstructions in stockrooms, and apparently that is the reason Director Rymer wants a corridor leading to the rest rooms. She felt we do put undue stress on small companies trying to make it in.a big world. Commissioner Macht felt we are talking as if the main reason people go to an outlet mall is to go to the rest rooms rather than to shop. Chairman Tippin felt the intent of the law is always good, but there is a limit. He felt we could survive with 50-60 public 31 September 6, 1994 BOOK 93 PAGUE 1,.14