FLORIDA
BUILDING COMMISSION
ACCESSIBILITIY
ADV ISORY COUNCIL
September
26, 2012
Vice-Chairman Barb Page called the meeting to order at 2:00 P.M. on
September 26, 2012. Members present were
Barb Page, Catherine Powell and Bill Riha.
In the absence of a quorum, individual recommendations from the Council
members will be presented to the Commission during its review of waiver
applications.
Review of Applications for Waivers from
Accessibility Code Requirements.
Centennial Middle School, 3805 Centennial
Road, Dade City: Ronald Zajac
represented the applicant and requested a waiver from providing vertical
accessibility to all levels of the collapsible seating in the gymnasium. The
facility is a 204,757 square foot middle school. The project consists of two,
two story classroom buildings, a one story administration building, a cafeteria
and a gymnasium around a central courtyard with a cost of $11,500,000.00. It is
technically infeasible to comply and financial costs will be incurred by the
owner if the waiver is denied. The
project was completed prior to implementation
of the 2012 Accessibility Code, so all levels are required to be
vertically accessible. The Council
members concluded it would be technically infeasible to make all levels
accessible and Barb Page, Bill Riha and Catherine Powell recommended approving
the request.
Chasco
Middle School, 7702 Ridge Road, Port Richey: Ronald Zajac
represented the applicant and requested a waiver from providing vertical
accessibility to all levels of the collapsible seating in the gymnasium. The
facility is a 204,757 square foot middle school. The project consists of two,
two story classroom buildings, a one story administration building, a cafeteria
and a gymnasium around a central
courtyard with a cost of $19,606,460.00. It is technically infeasible to comply
and financial costs will be incurred by the owner if the waiver is denied. The
project was completed prior to implementation
of the 2012 Accessibility Code, so all levels are required to be
vertically accessible. The Council
members concluded it would be technically infeasible to make all levels
accessible and Barb Page, Bill Riha and Catherine Powell recommended approving
the request.
Dr. John Long Middle School, 15144 2025
Mansfield Boulevard, Wesley Chapel: The applicant was represented
by Ronald Zajac and requested a waiver from providing
vertical accessibility to all levels of the collapsible seating in the
gymnasium. The facility is a 204,757 square foot middle school. The project
consists of two, two story classroom buildings, a one story administration
building, a cafeteria and a gymnasium around a central courtyard with a cost of
$25,194,147.00. It is technically infeasible to comply and financial costs will
be incurred by the owner if the waiver is denied. The project was completed prior to
implementation of the 2012 Accessibility
Code, so all levels are required to be vertically accessible. The Council members concluded it would be
technically infeasible to make all levels accessible and Barb Page, Bill Riha
and Catherine Powell recommended approving the request
Paul R. Smith Middle School, 1410 Sweetbriar
Drive, Holiday: Ronald Zajac represented
the applicant and
requested a waiver from providing vertical accessibility to all levels of the
collapsible seating in the gymnasium. The facility is a 204,757 square foot
middle school. The project consists of two, two story classroom buildings, a
one story administration, a cafeteria and a gymnasium building around a central
courtyard with a cost of $25,194,147.00. It is technically infeasible to comply
and financial costs will be incurred by the owner if the waiver is denied. The project was completed prior to
implementation of the 2012 Accessibility
Code, so all levels are required to be vertically accessible. The Council members concluded it would be
technically infeasible to make all levels accessible and Barb Page, Bill Riha
and Catherine Powell recommended approving the request
James Avenue Hostel, 1676 James Avenue,
Miami Beach: Alan Shulman represented the applicant requested a waiver from
providing vertical accessibility to the second floor of an apartment building
(built in 1941) being changed to a high end Hostel with 14,908 square feet. The
project consists of renovating the building facade, reconfiguration of interior
partitions and converting apartment rooms into hostel rooms with an estimated
cost of $777,261.00. All amenities on the second floor will be provided on
ground floor. Accessibility to the
ground floor has been ensured throughout with new ramps, a chair lift at the
lobby, 2 accessible rooms with hearing impaired plus 2 hearing impaired rooms,
one accessible restroom for each sex and accessible routes. An estimate of $96,520.00 for an elevator was
submitted to substantiate financial costs will be incurred by the owner if the
waiver is denied. Following discussion,
the Council agreed that it appeared disproportionate cost was a factor in the
project; however, additional detailed information to substantiate the cost is
needed. Barb Page, Bill Riha and
Catherine Powell recommended granting the request, provided a cost breakdown is
submitted to staff for confirmation that the costs are valid.
Biomedical International Corporation, 4896
S. W. 74th Court, Miami: The applicant requested a
waiver from providing vertical accessibility to the second floor offices with 5
persons. The project consists of interior alterations with an estimated cost of
$9,456.00. The applicant has submitted quotes of $35,880.00, $30,480.00 and $28,970.00
to install an enclosed wheel chair lift.
Substantial financial costs will be incurred by the owner if the waiver
is denied. Juan Borges represented the
applicant and advised the Council that no sales or public contact occurs in the
building. Its function is limited to
shipping operations serving a number of clients throughout the Caribbean
basin. Barb Page, Bill Riha and
Catherine Powell recommended granting the request since it would be
disproportionate to the cost of the alteration to make the second floor
accessible.
London House Apartments, 1975-1965
Washington Avenue, Miami Beach: Manuel Forero
represented the applicant and requested a waiver for the size of the elevator
cab which is 41”x52” (vertical accessibility) and temporary relief from full
compliance in order to comply with a condition for government sponsored
financing for the creation of Affordable Housing (rental units) that requires a
temporary certificate of use for phase one of a two phase alteration project. The alteration consist of reconfiguring
rooms, roofing, windows, restoring the facade and accessible elements with a
cost of $5,100,000.00 The applicant believes they qualify for a waiver due to
unreasonable, extreme hardship and technical infeasible due to historical requirements
for this project.
The following information was provided by
HUD with regard to the application of Section 504 regulations. 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.
Barb Page, Bill Riha and Catherine Powell
concluded that the building is not subject to the provisions of the Florida
Accessibility Code and recommended denying the application based on lack of
jurisdiction.
Joseph
Serpico Realty, Inc. Covenant Hospice, 1021 Capital
Circle, N. E. Tallahassee: The application was withdrawn since the
applicant plans to install an elevator in the facility.
Galopin
Restaurant, 358 North Park Avenue, Winter Park: The
applicant was represented by Larry Schneider and requested a waiver from
providing vertical accessibility to the second floor of a restaurant. The
project is an alteration with 3900sf on the first floor and 3100sf on the
second floor with all services the same on both levels. An estimated cost of $125,000.00 in
alterations and 44,900.00 of that is in accessibility improvements which is
greater than the 20% required. An estimate of 15,000.00 to $20,000.00 for a
chair lift and $38,000.00 for an elevator was submitted and does not include
other work related to installation. The applicant has made diligent
investigation into compliance but cannot find an efficient mode of
compliance. Substantial financial costs
will be incurred by the owner if the waiver is denied. Barb Page, Bill Riha and Catherine Powell
concluded that the applicant demonstrated it would be disproportionate to the
cost of the project to make the second floor accessible and recommended
granting the request.
Hollywood Public Safety Complex, 707 South
Ocean Drive, Hollywood Beach: Larry Schneider represented the applicant,
which requested a waiver from providing vertical accessibility to the apparatus
bay. The project is new construction of a safety complex / fire station for the
City of Hollywood with an estimated cost of $7,000,000.00. The applicant has
made diligent investigation into compliance but because of extremely tight site
constraints, building access restrictions and the floor level flood elevation
requirements it is technically infeasible.
Substantial financial costs will be incurred by the owner if the waiver
is denied. The Department of Justice has
taken the position that regardless of the functions within a fire house, all
levels must be made accessible in accordance with Title II provisions of the
ADA, to ensure full public access, as well as for employees or City staff that
may need to work in all portions of the building. Barb Page, Bill Riha and Catherine Powell
concluded that the project was outside their jurisdictional scope and
recommended denial.
There being no further business to come before the Council, the
meeting adjourned at 3:30 P.M.