Type B, Option B, Bathrooms With Freestanding Bathtub and Separate Walk-In Shower

I am involved in a to-be-constructed luxury condominium tower that is currently in the design phase. Most of the 2+ bath units in the tower will have both a freestanding bathtub and a separate walk-in shower in the primary bedroom suite (not a combo tub/shower unit). All other baths will have a walk-in shower, but no bathtub (freestanding or combo). In addition, some units will have powder baths (no shower or tub), although this fact does not pertain to the question at hand. We are following 2017 ICC A117.1, Type B, Option B, since it appears to provide the greatest flexibility.

Question: The architect is looking at Section 1104.11.3.2 and interpreting it to mean that adding a bathtub to the primary suite bathroom automatically makes it the Option B bathroom, which then results in a huge (48" x 66") toilet enclosure (a must have feature in primary suite baths) that uses up the available space and looks unsightly. In addition, this interpretation lowers the primary suite lavatory countertop height from 36" (comfort height) to a maximum of 34". Elderly buyers (the target market) strongly prefer comfort height countertops because they are less hard on their lower backs. It's hard to believe ANSI would discourage universal design principals like this.

The developer counters the architect with Section 1104.11.3.2.3, which he believes clarifies Section 1104.11.3.2 by stating that only a bathtub OR a shower [emphasis added] is required in an Option B bath, so the secondary (guest) bath, which has a lavatory, toilet, and walk-in shower, can be designated the Option B bath in a 2-bath unit (or any of the guest baths (not powder baths) in units with 3 or more baths). The developer is not objecting to having an Option B bath in every unit; he is just objecting to having it always be the primary suite bath, solely because it has redundant bathing fixtures (bathtub and shower) for buyers that desire both options, even though they will seldom use the freestanding tub. By the way, is a freestanding tub even accessible to a person in a wheelchair?

Who is correct - the architect or the developer? Other sections (1102.11.2, 1103.11.2, and 1103.11.2.5) all seem to favor the developer's interpretation by reiterating the "OR" concept for bathing fixtures. The intent of the code seems to be making sure that lavatories, sinks, and bathing fixtures are not scattered throughout the unit; not that the mere introduction of a redundant bathing fixture in a bath should automatically make it the Option B bath.

Thank you in advance for your insight. The sales team claims to have sold numerous condos with primary suites that have bathtubs, showers, comfort height lavatories, and small (3' x 5') toilet enclosures. If the architect is correct, then were all those units sold in violation of ANSI 177.1?