Florida Building Commission
Plenary Session
April
8-9, 2013
World Golf Village
LEGAL
REPORT
DS 2013 – 001 by Ken Rich
Question 1:
To the question” : Since
the stair design as shown in Diagram A, meets the guidelines of the Florida
Building Code Sections R311.7.1 through R311.7.8 is it also required, in
addition, to meet Florida Building Code, Residential, Section R311.7.9.3 of
which, by definition, it is not. ”,
Answer: No. Section R311.7.9.3 of the
Florida Building Code, Residential is an incomplete provision which provides
for no requirement that would have any bearing on the project in question. Note: This answer should not be construed as
an approval for the stair design indicated in Diagram ‘A’ of the DEC Statement.
DS 2013-011 by Robert Fine
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?
No. Pursuant to Section 553.507
(1-2), Florida Statutes,
multifamily residential dwellings such as rental
apartments and residential
condominiums (and their
associated common use areas)
that are not the recipients of government financial assistance or sponsorship (federal,
state or local), are not subject to the Accessibility Code, with the exception of Section 553.504(2), unless they are places
of public accommodation or commercial facilities. An exception
to this would be discrete areas
contained within multifamily
residential dwellings that fall within the definitions of "place of public accommodation" or "commercial
facilities," such as a leasing or sales office and the restrooms and parking that support it (and the
accessible route that connects these elements), such areas would be subject to
the Accessibility Code unless otherwise exempted by 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?
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. Further, 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 (which may be relied upon pursuant to Section 553.503, Florida
Statutes), 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/pools2010.htm. "
DS2013-013 by Robert Lorenzo
Question: Can storage sheds that are not designed for human habitation
and have a floor area of 720 square feet (67m2) and built by an
approved manufacturer in the Manufactured Building Program be inspected as
finished buildings in the yard for shipping.
Answer: No. For the subject in question, storage sheds that fall
within the 20 percent of those storage sheds that are required to be inspected
as per Section 428.3.2.1 are required to be fully inspected during the
manufacturing process.