CHRISTIAN LIAIGRE

Issue: Vertical accessibility to the second floor of a building housing a design services center.

Analysis: The applicant is requesting a waiver from providing vertical accessibility to the 2,479 square foot second floor of an interior design services center. The first floor will house the showroom and consultation areas of a facility used for displays and inventory for interior designers. The first floor is accessible and customers will be served on that level. The second floor will accommodate inventory storage and is only used by the employees. No estimates for the project cost were submitted, however, a quote of $28,217 was provided for the installation of a lift. The building would be eligible for the federal elevator exemption, but Section 553.509, F. S. requires that vertical accessibility be provided to all levels above and below the occupiable grade. Section 206.3, Florida Accessibility Code, allows the Commission to waive the state requirement to the less restrictive standards in ADAAG.

Project Progress:

The project is under construction.

Items to be Waived:

Vertical accessibility to all levels as required by Section 553.509, Florida Statutes.

553.509: Vertical accessibility - Nothing in sections 553.501-553.513 or the guidelines shall be construed to relieve the owner of any building, structure or facility governed by those sections from the duty to provide vertical accessibility to all levels above and below the occupiable grade level, regardless of whether the guidelines require an elevator to be installed in such building, structure or facility, except for:

(1) Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks and automobile lubrication and maintenance pits and platforms;

(2) Unoccupiable spaces, such as rooms, enclosed spaces and storage spaces that are not designed for human occupancy, for public accommodations or for work areas; and

(3) Occupiable spaces and rooms that are not open to the public and that house no more than five persons, including, but not limited to equipment control rooms and projection booths.

Waiver Criteria: There is no specific guidance for a waiver of this requirement in the code. The Commission’s current rule, authorized in Section 553.512, Florida Statutes, provides criteria for granting waivers and allows consideration of unnecessary or extreme hardship to the applicant if the specific requirements were imposed.