On Jun 15, 2018, at 2:56 PM,
Diana Worrall <livinginnaples@gmail.com>
wrote:
Unfortunately
I will not be attending the October meeting because I will be traveling.
However I wanted to follow up re historic significance and waiver applications
for exemptions from access compliance. As I stated in the meeting it is clear
that the designation of historical significance is necessary but not
sufficient to receive a waiver of access requirements.
I
believe the Exception to 202.5 below is clear in what it requires.
202.5 Alterations to Qualified Historic Buildings and
Facilities. Alterations to a qualified historic
building or facility shall comply with 202.3 and 202.4 to the maximum extent feasible.
EXCEPTION: Where the State Historic Preservation Officer or Advisory Council on Historic Preservation determines that compliance with the requirements for accessible routes, entrances, or toilet facilities would threaten or destroy the historic significance of the building or facility, the exceptions for alterations to qualified historic buildings or facilities for that element shall be permitted to apply.
Additionally,
from the State of Florida Website, (see link below) pertaining to this topic
there is the following information: Be sure to also open the referenced link
below on Consultation Submittal Requirements under the Accessibil;ity Exemptions Links.
·
Division
of Historical Resources
·
Architectural Preservation Services
·
Accessibility
Exceptions for Historic Buildings
ACCESSIBILITY EXCEPTIONS FOR HISTORIC
BUILDINGS
Both Federal and State regulations which implement the Americans
with Disabilities Act (ADA) and the Florida Building Code (FBC) provide for a
consultation process with the State Historic Preservation Officer when an
entity undertaking alterations to a qualified historic building or facility
believes that the accessibility requirements of ADA would "threaten or
destroy" the significance of the building or facility. If the State
Historic Preservation Officer agrees with the entity undertaking alterations
then alternative minimum requirements specified in ADA and FBC or, in rare
cases, alternative methods of access may be used.
·
Consultation Submittal Requirements (.pdf)
·
Preservation Brief 32: Making
Historic Buildings Accessible
·
ITS-53: Designing New Additions to
Provide Accessibility (.pdf)
____________________________________________________________________________
In
light of these requirements, I believe applicants should be required to
complete a two step process to obtain a waiver
related to the historical significance of a building. Simply submitting papers
showing a historical designation WOULD NOT be sufficient.
First they
should consult with the State Historic Preservation Officer (SHPO) or Advisory
Council on Historic Preservation and submit whatever is required by
them. If the State Historic Preservation
Officer agrees with the entity undertaking alterations then they will be given
a letter stating that completion of particular accessibility requirements would
threaten or destroy the historical significance of the building.
Second,
the letter from the SHPO citing why compliance with accessibility requirements
would threaten or destroy the historic significance of the building should be
submitted along with papers showing their historical designation.
I
think that both these steps should be included in the list of required
information in the NOTICE TO WAIVER APPLICANTS.
I do
appreciate your hard work on these applications. I also think that wherever we
can strengthen our processes the ultimate benefactor is the public (in this
case the public with disabilities) and that is what this whole process is
about. These waivers mount up over time and result in fewer people able to use
or enjoy Florida’s buildings.
Please
feel free to use or reference this email in the October plenary session.
Thanks
very much for your attention to this.
Diana
Worrall, PhD