FRESHAVELI

Issue: Vertical accessibility to the second floor of a two story apartment building.

Analysis: The applicant is requesting a waiver from providing vertical accessibility to the second floor of an existing apartment building in which one unit on the second floor is being converted to commercial use as a barber shop. The unit in question has 640 square feet and the overall cost to provide a lift to the second floor would be $31,500 - $41,697. According to the applicant, no construction work is being done to effect the conversion. There is also an existing inaccessible toilet room in the unit. The applicant does not intend to modify the toilet room; however, while the Commission may consider the waiver for vertical accessibility, if any alteration takes place, modifying the toilet room must be addressed. The applicant also intends to develop a plan to provide available to persons with disabilities in an alternative way.

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.

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.