From: White, Mark D [mailto:Mark.D.White@hud.gov]
Sent: Friday, September 14, 2012 11:42 AM
To: Sellers, Chip
Cc: Casal, Nora E; Bustamante, Fiordaliza; Chavis, Ann D; Ortiz,
Maria R
Subject: RE: Vertical Accessibility London Town Apartments Miami Beach
Good Morning Chip,
Because NSP is federal financial
assistance, then if the cost of the work is 75 percent or more of the replacement
cost of the building, then the accessibility requirements of Section 504 are
applicable. Because this is an elevator building, and because Section 504
requires a distribution of the 5 percent (or more) wheelchair accessible units
to floors throughout the building to offer choice to persons with disabilities,
the elevator(s) must be UFAS-compliant (if the 75 percent threshold is
met). If the 75 percent threshold is not met, then per 24 CFR 8.23(b),
“Alterations to common areas or parts of facilities that affect accessibility
of existing housing facilities shall, to the maximum extent feasible, be made
to be accessible to and usable by individuals with handicaps.” If the
elevators are not accessible, then none of the accessible units on floors other
than the 1st can be counted as being accessible, so it is very
likely that the elevator would, under any circumstances, need to be compliant
with Section 504.
Please contact me with any
questions,
Mark D. White
Community Planning and Development Specialist
Office of Community Planning and Development
U.S. Department of Housing and Urban Development
Miami Office
Brickell Plaza
Federal Building
909 SE First Avenue
Suite 500
Miami, FL 33131
Phone 305-520-5021
Fax 305-536-4781
Email mark.d.white@hud.gov
From: Sellers, Chip [mailto:Chip.Sellers@dbpr.state.fl.us]
Sent: Thursday, September 13, 2012 3:00 PM
To: White, Mark D
Subject: Vertical Accessibility London Town Apartments Miami Beach
Mark,
I have an application for a vertical accessibility waiver
due to the size of the elevator cab that is 41”x52”. This project is a
NSP project with a cost of $5.1 million. It will be rental units and is owned
by a non-profit. Would HUD guidelines allow vertical accessibility to be
waived?
Chip Sellers
Department of Business and Professional Regulation
Government Operations Consultant
Staff to the Florida Building Commision
850-410-1568