Issue: DS 2013-011. Petitioners, Alliance Residential Builders of South Florida, LLC and Altis at Coconut Creek, LLC, request that the Commission clarifies that the Florida Accessibility Code (including its regulations related to swimming pools) does not apply to the apartment complexes they construct that do not receive government funding or financial assistance and which are considered “covered multifamily dwelling” pursuant to the Florida and Federal Fair Housing Acts. The Petitioners provide for the following specific questions:
Question #1: Are the areas of the apartment buildings and developments in projects that will be permitted and constructed by Petitioners in Florida, that are intended solely for the use of residents and their guests (including dwelling units and common use areas), that are not subject to Section 504 of the Rehabilitation Act (programs receiving federal financial assistance) and are not subject to Title II of the Americans with Disabilities Act (State and Local Government Services), subject to the Accessibility Code except for the requirement set forth in Section 553.504(2), Florida Statutes, as provided for in Section 101.1.3 and 201.1 of the Accessibility Code?
Question #2: Are swimming pool that are part of common use areas of the apartment buildings and developments in the projects that Petitioners will be permitting and constructing, that are intended solely for the use of residents and their guests (and not otherwise available to the general public) and which are not the recipients of governmental financial assistance or sponsor ship, subject to the Accessibility Code because Section 424.1 classifies them as “public swimming pools” or any other reason?
Background:
Project/Situation:
Florida Statutes
553.775 Interpretations.—
(5) The commission may render declaratory statements in accordance with s. 120.565 relating to the provisions of the Florida Accessibility Code for Building Construction not attributable to the Americans with Disabilities Act Accessibility Guidelines. Notwithstanding the other provisions of this section, the Florida Accessibility Code for Building Construction and chapter 11 of the Florida Building Code may not be interpreted by, and are not subject to review under, any of the procedures specified in this section. This subsection has no effect upon the commission’s authority to waive the Florida Accessibility Code for Building Construction as provided by s. 553.512.
2010 Florida Building Code, Accessibility
101.1.3 This code establishes standards for accessibility to places of public accommodation and commercial facilities by individuals with disabilities. This code shall also apply: to state and local government facilities pursuant to Section 553.503, F.S.; to private clubs pursuant to Section 553.505, F.S.; and to residential buildings pursuant to Section 553.504(2), F.S., and the ADA Standards for Accessible Design. It is to be applied during the design construction and alteration of such buildings and facilities as required by this code.
2010 Florida Building Code, Building
SECTION 424 SWIMMING POOLS AND BATHING PLACES (PUBLIC AND PRIVATE)
424.1 Public swimming pools and bathing places.
A “public swimming pool” or “public pool” means a watertight structure of concrete, masonry, or other approved materials which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in connection therewith. A public swimming pool or public pool shall mean a conventional pool, spa-type pool, wading pool, special purpose pool, or water recreation attraction, to which admission may be gained with or without payment of a fee and includes, but is not limited to, pools operated by or serving camps, churches, cities, counties, day care centers, group home facilities for eight or more clients, health spas, institutions, parks, state agencies, schools, subdivisions, or the cooperative living-type projects of five or more living units, such as apartments, boardinghouses, hotels, mobile home parks, motels, recreational vehicle parks, and townhouses. The term does not include a swimming pool located on the grounds of a private residence.
Staff Recommendation:
Question #1: Are the areas of the apartment buildings and developments in projects that will be permitted and constructed by Petitioners in Florida, that are intended solely for the use of residents and their guests (including dwelling units and common use areas), that are not subject to Section 504 of the Rehabilitation Act (programs receiving federal financial assistance) and are not subject to Title II of the Americans with Disabilities Act (State and Local Government Services), subject to the Accessibility Code except for the requirement set forth in Section 553.504(2), Florida Statutes, as provided for in Section 101.1.3 and 201.1 of the Accessibility Code?
Answer: According to the “Questions and Answers:
Accessibility Requirements for Existing Swimming Pools at Hotels and Other
Public Accommodation” as published by the U.S. Department of Justice, the
answer to the subject in question is as follows:
“Community
pools that are associated with a private residential community and are limited
to the exclusive use of residents and their guests are not covered by the ADA
accessibility requirements. On the other hand, if a swimming pool/club
located in a residential community is made available to the public for rental
or use, it is covered under Title III of the ADA. If a community pool is
owned or operated by a state or local government entity, it is covered by Title
II of the ADA, which requires “program accessibility.” See http://www.ada.gov/pools_2010.htm.
“
Question #2: Are swimming pool that are part of common use areas of the apartment buildings and developments in the projects that Petitioners will be permitting and constructing, that are intended solely for the use of residents and their guests (and not otherwise available to the general public) and which are not the recipients of governmental financial assistance or sponsor ship, subject to the Accessibility Code because Section 424.1 classifies them as “public swimming pools” or any other reason?
Answer: No. The technical requirements of Section 424, Swimming Pools and Bathing Places (Public and Private), including the definition of “public swimming pools” or “public pools” of the 2010 Florida Building Code, Building are standalone/independent provisions which have no bearing on technical scope of the 2010 Florida Building Code, Accessibility.