Issue: Vertical accessibility to the second floor; fully compliant second floor toilet rooms and width of an accessible path of travel.
Analysis: The applicant is requesting a waiver from providing vertical accessibility to the second floor of an historic building constructed circa 1884. The structure houses five retail tenants on the 4,100 square foot first floor and additional tenant suites on the 3,900 square foot second floor. According to the applicant, it would be neither technically feasible nor cost effective to provide a lift or LULA to the upper level. Estimates were submitted for $67.260 for a LULA and $37,560 for a lift. There are no accessible toilet facilities on the second floor and a $9,870 was provided for demolition and construction of a new toilet room on that level. Estimates were also provided for $7,835 to widen existing door openings and $3,900 for floor leveling and addition of ramps at thresholds. The total alteration cost is projected to be $174,000 and the applicant contends it would be disproportionate to make all changes that would render the building fully accessible.
Project Progress:
The project is in plan review.
Items to be Waived:
Vertical accessibility to the second floor, 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.
206.2.2 Within a site. At least one accessible route shall connect accessible buildings, accessible elements and accessible spaces that are on the same site.
213.1 Where toilet facilities and bathing facilities are provided, they shall comply with 213.
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.