Some questions still remain about the requirement of an additional restroom in a newly opened medical center in Nesquehoning.

This week, the Joint Uniform Construction Code Appeals Board held a hearing for a request for a variance, filed by Joseph Bennett, owner of the building where the St. Luke's doctor's office is housed at 1114 E. Catawissa St. The new facility includes one doctor.The board ruled 7-0 at the meeting that the proper determination of the square footage of the first floor office space exceeds the 1,500-square-foot requirement for only one unisex restroom in the doctor's office, which then meant that Bennett should be required to install a second bathroom.But Bennett said the determination was not exactly what he was requesting."I think it's a matter of the board not having the right questions posed to them," he said Wednesday.Bennett said that the two issues he was bringing to the board were do they accept the appeal that the measurements for square footage are based on deducting nonusable standing space (modified gross) instead of gross square footage (wall to wall measurements); and if the board doesn't follow the logic of the appeal on square footage then will they grant a variance to allow a maximum of 15 occupants in the building at one time, which then requires only one bathroom.He noted that Rick Harmon of Barry Isett & Associates, who is contracted as the borough code official, told him following the ruling that the board didn't rule on what Bennett's intention was going into the hearing, and that he (Harmon) would tell the board that he does not oppose a variance for the maximum occupants and believes a variance should be approved.Bennett said he was surprised by the way the hearing went and plans to again ask for the variance from the board."I was shocked at the decision of UCC board," he said. "We certainly are looking to please everyone in the community and provide a space for a very qualified doctor."He added that the Nesquehoning Borough Council, Planning Commission and Zoning Hearing Board all approved the plans last year and are in support of the project, which is currently open for operation.At the meeting though, one question came up about whether or not Bennett obtained all necessary permits to allow construction and the building to be leased. The topic was shut down quickly by the UCC board because it was not relevant to the meeting.On Wednesday, Bennett addressed the statements, saying that he has all permits in place and that the medical center's operation will continue without issue as he works to clear up the matter at hand.