MADEWELL

Issue: Vertical accessibility to the mezzanine level of a retail store.

Analysis: The applicant is requesting a waiver from providing vertical accessibility to the 422 square foot mezzanine of a mercantile facility undergoing a $250,000 alteration. According to the applicant, the scope of the work included removing an existing noncompliant stair to the mezzanine and replacing it with a compliant one. The applicant stated that all merchandise and services located on the mezzanine are duplicated on the accessible grade level; therefore making access to the area unnecessary. Estimates to install an elevator for $194,120 and $209,000 were submitted. Note: The building official reported that the cost of construction over the past three years was $1,052,130, including the current $253,000 project.

Project Progress:

The project is completed.

Items to be Waived:

Vertical accessibility to a mezzanine, 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.

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.