VITA RESTAURANT

Issue: Vertical accessibility to the second floor of a restaurant undergoing an alteration.

Analysis: The applicant is requesting a waiver from providing vertical accessibility to the 2,517 square foot second floor of a restaurant undergoing a $121,727 alteration to create an additional 573 square foot courtyard used for dining purposes. The property is an existing building located in a historic area of Miami Beach and no construction work is being done to the second floor. Estimates of $62,447 and $65,093 to provide vertical accessibility were submitted and verified by the local building official, who confirmed it would be disproportionate to require vertical access to the second level. All services on that level are provided on the accessible first floor.

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.