FLORIDA BUILDING COMMISSION

Accessibility TECHNICAL ADVISORY COMMITTEE (TAC)

Tuesday December 2, 2014

1:00 P.M.

MINUTES

 

MEETING OBJECTIVES
  • To consider and discuss DS 2014-129 by David Kramer, Building Code Administrator, of University of Florida and provide recommendations for consideration by the Commission.
  • To consider and discuss DS 2014-142 by Robert S. Fine, Esq. of Greenberg Traurig, P.A., and provide recommendations for consideration by the Commission.
  • Discuss comments on the new online wavier application for Accessibility and approve the language of the rule (see attached).
  • Discuss the research report of the University of Florida regarding the Florida Accessibility Code for Building Construction (FACBC).
  • Discuss and review of the Florida Specific scoping provision of the FACBC.
  • Discuss Section 233 of the FACBC and other applicable sections of the FACBC in regards to residential occupancies and see if any action is necessary.

committee members

M TAC Members Present: Chair  Jeffery Gross,  Bemmie Eustace, Jack Humburg, Larry M. Schneider, Barbara Page, Brad Schiffer, Frederick Schilling and Beth Meyer

T   TAC Members Not Present: Linda Parnell, James Woolyhand, Sharon Mignardi and Bob Gerwe 

 

MEETING AGENDA— Tuesday December 2, 2014

All Agenda Times—Including Adjournment—Are Approximate and Subject to Change

1:00

A.)

Welcome and Opening

 

B.)

Agenda Reviewed and Approved. Frederick Schilling made a motion to approve the Agenda and Beth Meyer made a second with unanimous approval by the TAC.

 

C.)

Approved minutes from June 24, 2014 meeting with corrections as amended by Bemmie Eustace. Frederick Schilling made a motion to approve minutes and Larry Schneider made a second with unanimous approval by the TAC.

 

D.)

Considered and discussed the following Declaratory Statement: DS 2014-129 by David Kramer, Building Code Administrator, of University of Florida. Larry Schneider commented that with a ½” curb or no greater it would not be an obstruction but if it were a roll in shower, it would be an obstruction. Bemmie Eustace commented that she has talked to DOJ and the Access Board and was told that hotel and motel shower guest rooms do not have criteria for visually impaired. Brad Schiffer commented that the cut sheets are needed to determine what the curb heights are. Brad Schiffer made a motion to differ DS 2014-129 till cut sheets can be received from the applicant and reviewed by the TAC at the next meeting. Larry Schneider made a second with unanimous approval by the TAC.   

 

E.)

Considered and discussed the following Declaratory Statement: DS 2014-142 by Robert S. Fine, Esq. of Greenberg Traurig, P.A., and provide recommendations for consideration by the Commission.

Question 1: Are multifamily residential buildings/developments covered by the Rehabilitation Act and/or the ADA required by the 2012-FAC to provide elevators when the building/developments would otherwise not be required to provide them by the Rehabilitation Act and/or ADA, as applicable to the particular project?

Answer: No.  Section 553.509, Florida Statutes, exempts “[f]acilities, sites, and

spaces exempted by s. 203 of the Standards,” from “the duty to provide vertical

accessibility to all levels above and below the occupiable grade level, regardless of

whether the standards [sic] require an elevator to be installed in such building, structure,

or facility…” § 553.509(1)(g), F.S. This exemption is restated in Section 201.1.1 of the

2012-FAC. Section 203.8 of the Standards provides that dwelling units that are not

required to provide the enhanced accessibility features required by the Rehabilitation

Act or the ADA (i.e., Sections 809.2 through 809.4) are not required to be on an

accessible route including a route that provides vertical accessibility. Therefore, in a multifamily residential building/development where all of the units that are required to

have the enhanced accessibility features of Sections 809.2 through 809.4 (by HUD or

DOJ regulations) are provided on the ground floor, the remaining floors above and

below the ground floor are not required to be on an accessible route that provides

vertical accessibility.

Brad Schiffer made a motion to accept the staff analysis as presented, seconded by Jack Humburg with unanimous approval by the TAC.

 

 

 

F.)

Discussed comments on the new online wavier application for Accessibility and approve the language of the rule. Frederick Schilling commented that most things are done online now. Chair  Jeffery Gross asked what happens if the system goes down with the submittal and it is the cut of date? April Hammonds Legal Staff said that if that was to happen the application could still be submitted because we would know if the system went down. Larry Schneider commented that he was concerned John Q Public would not have any idea they have to do an online form. Something needs to say “Online Form”. Robert Fine commented that it needs to have a provision that allows paper or PDF submission if the web is down. Frederick Schilling made a motion to approve the language of the rule and Beth Myer with unanimous approval by the TAC. After discussion, Frederick Schilling made a motion to have 3 items added to the Online Waiver Application. Need more space see bottom to attach documents, Supplement after a differ so if more info is needed and top of application indicate if more information has been added or a log of activity Beth Meyer made a second with unanimous approval by the TAC.

 

G.)

Discussed the research report of the University of Florida regarding the Florida Accessibility Code for Building Construction (FACBC).  Larry Schneider commented that we need to hold workshops evaluate and potentially make changes to the statue because some things do need to change that were recommended not to change. Jack Humburg commented that we need public meetings and advocate groups to get their opinion. These need to be in person meetings. Robert Fine commented that the Report missed standard 216.5 Signs – Parking 4 or fewer you don’t have the signage even though you have the stripping. This really affects small business.  Finally, the TAC decided to hold additional TAC meetings via conference/webinar for further discussion on the report and noted that the TAC members should direct any comments on the report to the staff.  After that, Staff will compile comments received and forward said comments to the TAC members.

 

H.)

Discussed and reviewed of the Florida Specific scoping provision of the FACBC.  The TAC decided to move discussion on this issue under future discussion on the UF Research Report.

 

 

 I.)

Discuss Section 233 of the FACBC and other applicable sections of the FACBC in regards to residential occupancies and see if any action is necessary.  It was suggested that the subject of concern is being clarified through the Declaratory Statement process requests and that no further discussion on this issue is needed.  One member suggested that a white paper be done on the subject.

 

J.)

General Public Comment - Larry Schneider informed the TAC about the Florida Committee “Aging in Place” Regarding the evaluation of creating Accessible access for single family homes so people can stay in their homes instead of having to move to an Accessible facility .

 

K.)

Identify Other Business

   2:48

L.)

Adjourn

 

Staff Contacts: Chip Sellers, Government Operations Consultant (850) 717-1827 chip.sellers@myfloridalicense.com  or Mo Madani, Manager mo.madani@myfloridalicense.com   (850) 717-1825

 

Note: This document is available to any person requiring materials in alternate format upon request. Contact the Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee FL 32399 Phone: 850-487-1824