Florida Building
Commission
Swimming Pool Technical Advisory Committee
Concurrent with
Accessibility Technical Advisory Committee
Meeting Minutes
Meeting Location: Codes and Standards Office, Tallahassee, Florida
Via Teleconference
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TAC/POC
Members and Objectives |
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TAC Members Present: Kenneth
Gregory, Chairman; Jordan Clarkson, Corky Williams, Gordan Shephardson, John
J. Wahler, Mark Pabst, Thomas Allen TAC Members not Present:
Bill Dumbaugh, Dale Greiner Staff Present: Mo
Madani, April Hammonds, Mark-Kathryn Smith Facilitator: Kenneth
Cureton |
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Ř
Objectives:
Consider and provide recommendation on Declaratory Statement DS
2013-011 |
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Meeting
Minutes |
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Objective |
Discussion of
objectives included the following: |
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A) |
10:00 AM Welcome and Opening, Roll Call. A quorum was present. Mr.
Ken Cureton, Facilitator, provided a brief overview of teleconferencing
etiquette to alleviate some of the phone issues experienced in the past. |
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B) |
Motion and second to approve agenda
for meeting of 3/29/13 with no changes; unanimous approval vote. |
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C) |
Motion and second to approve minutes
from meeting of 1/16/13 with one change: to correct the name from Bob Broyer
to Bob Brayer ad an alternate for Mark Pabst; unanimous approval vote. |
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D) |
Consider
and provide recommendation on Declaratory Statement DS 2013-011. Robert
Fine, Counsel for the Petitioners Alliance Residential Builders of South
Florida / Altis at Coconut Creek, introduced the DEC Statement and provided
background information. Mr. Fine provided recommended responses to Questions
1 and 2 for TAC consideration. Mo Madani and April Hammonds presented the
Staff Analysis. Kenneth Gregory motioned to provide an affirmative vote to
recommend the Petitioner’s language for responses to questions 1 and 2 as
follows: Petitioner's Suggested Answer to Question #1: No. Pursuant to Section
553.507 (1-2), FloridaStatutes, 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. Petitioner's Proposed Answer to Question #2: 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. " Gordan Shephardson seconded the motion. Vote
was called for by the Facilitator and results were unanimous in favor of the
motion. |
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E) |
General Public Comment – None |
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F) |
Identify other business - None |
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G) |
Call
to Stand Adjourned: 11:10 AM |
Staff
Contacts: Kenneth H.
Cureton, Planning Analyst ken.cureton@dbpr.state.fl.us (850) 921-2282 or Mo Madani, Manager mo.madani@dbpr.state.fl.us