Issue: Vertical accessibility to the main entrance of a restaurant.
Analysis: The applicant is requesting a waiver from providing vertical accessibility from a public sidewalk via a five inch step into the building. The building is undergoing a $120,000 interior renovation and according to the applicant, there is no way to make the front accessible since it is a zero lot line property adjacent to city property. Accessible parking spaces with an accessible route are located along the side entrance to the restaurant, which is accessible. The interior, including toilet facilities, is fully accessible.
Project Progress:
The project is under design.
Items to be Waived:
Vertical accessibility to the main entrance, 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.