Recommendations of the Accessibility Advisory Council to the Florida Building Commission

Recommendations of the Accessibility Advisory Council to the Florida Building Commission – June 8, 2009

Three Council members were present, along with non-voting member Bill Norkunis, who also serves as a member of the Florida Building Commission. Due to the lack of a quorum, the Council members present made individual recommendations to the Commission, as provided in 9B-7.003(4), Florida Administrative Code.

“Consent Agenda” (waivers recommended without conditions)

2. United Way of the Big Bend – The Council members present recommended that a waiver be granted, based upon the Applicant's demonstration that provision of vertical accessibility would create an economic hardship as specified in section 553.512(1), Florida Statutes. The Council noted that due to the unique characteristics of the lot on which the building is situated, each floor already has an accessible entrance at ground level.

3. The Palms Hotel and Spa – The Council members present recommended that a waiver be granted, based upon the Applicant's demonstration that provision of full vertical accessibility to the existing front entrance would create an unreasonable hardship in that it would threaten or destroy the historic significance of the building; that a new alternate accessible entrance will be provided at the side of the building; and that the existing lift at the front entrance will remain in place. The Council members noted that the new accessible side entrance will also, incidentally, provide a safer and more pedestrian-friendly way to enter the building that does not involve crossing the steeply sloped driveway at the front entrance.

4.Fire Rescue Station #64 (City of Hialeah) – The Council members present recommended that a waiver be granted from Florida Building Code accessibility requirements as to the second floor firefighters' dormitory and restrooms, to the extent that such requirements conflict with the Uniform Federal Accessibility Standards (UFAS). The recommendation is based on the Applicant's demonstration that compliance with Florida standards, as adopted in the Florida Building Code, would create an unnecessary hardship because Florida 's requirements are inconsistent with, and preclude the City from designing the building in compliance with, the Uniform Federal Accessibility Standards (UFAS). 28 C.F.R. 35.151 allows public entities (Title II entities) to choose between compliance with either UFAS or ADAAG standards. To the extent that Florida 's adoption of ADAAG standards into the FBC conflicts with UFAS, it becomes a Florida-specific requirement of the FBC that can be waived upon a showing of hardship.

8.Island Water Sports – The Council members present recommended that a waiver be granted (to the extent that a waiver is necessary) in that the Applicant demonstrated that provision of vertical accessibility would create an unnecessary hardship because the sole use of the proposed mezzanine will be as storage space, which falls within the exemption to vertical accessibility provided in section 553.509(2), Florida Statutes.

Waivers recommended with conditions:

5. New Emerald Coast Middle School (Bleacher System) – The Council members present recommended that a waiver be granted based on the Applicant's demonstration that provision of vertical accessibility to all rows of the retractable bleacher system is technically infeasible and would create an unreasonable hardship. The recommendation is based upon the condition that the accessible seats will not be located at the ends of the rows of seating, and a companion seat will be provided next to each accessible seat.

Non-unanimous recommendations:

7. Winter Haven Fire Safety Complex – The Council members present recommended as follows: Two members recommended that a waiver be granted of the Florida Building Code accessibility requirements as to the second floor firefighters' dormitory and restrooms, to the extent that such requirements conflict with the Uniform Federal Accessibility Standards (UFAS). The recommendation was based on the Applicant's demonstration that compliance with Florida standards, as adopted in the Florida Building Code, would create an unnecessary hardship because Florida 's requirements are inconsistent with, and preclude the City from designing the building in compliance with, the Uniform Federal Accessibility Standards (UFAS). One member recommended that the matter be deferred until the August 2009 meetings, to allow further research of the interplay between UFAS requirements and FBC requirements. (All Council members expressed the opinion that obtaining additional information on this subject would be helpful.)

Waivers NOT recommended:

6. The Urbana Retail Tenant Building – The Council members present recommended that that a waiver be denied, based upon the Applicant's failure to demonstrate that provision of vertical accessibility to the upper parking deck would create a hardship upon recognized by statute upon which a waiver may be granted.

Deferrals recommended:

1. Muvico Theaters Cocowalk – At the request of the Applicant, the Council members present recommended that consideration of the waiver request be deferred until the August 2009 Meeting.

9. Dick Brown Park (Palm Beach County) – No one was present to represent the Owner or Applicant at the Council meeting and the Applicant's email of diagrams to Department staff did not arrive until June 4 and then could not be opened to share the information with Council members. The Council members present recommended that consideration of the matter be deferred until the August 2009 meeting, to enable the applicant to provide additional information on the total number of seats in the proposed bleacher system, the number and location of the wheelchair and companion seats, whether the bleacher system is retractable, and the basis asserted for the waiver.