AMNESTY PERMIT FOR EXISTING TWO STORY OFFICES

Issue: Accessibility to the second floor of an office building.

Analysis: The applicant is requesting a waiver from providing vertical accessibility to the second floor of an office building which is undergoing an alteration to correct a fire code violation. In addition to the remedial work, the project also includes removal of architectural barriers; widened doors; required 48” clearance between handrails for the exit stairs; an area of rescue assistance; modifying existing inaccessible toilet rooms; altering the existing interior stair; added a hi-lo drinking fountain and created a space for future installation of a lift. According to the applicant, the first floor offices cannot be rented until the code violations have been addressed. Once they are available, funds will be generated which will allow installation of the lift. The project will cost $40,000 an estimate of $13,370 was provided for installation of a lift.

Project Progress:

The project is under construction.,

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.

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.