THROUGH THE YEARS VINTAGE MARKET

Issue:  Vertical accessibility to all levels of a historic building.

Analysis:  The applicant is requesting a waiver from providing vertical accessibility to all levels of a building that was originally built as a house, but has been used commercially since 1935.  The applicant states the goal is to open the business as a vintage market (less formal antique store) , while maintaining the historic integrity and design as a major component of the store.  The first floor is wheelchair accessible and the owners plan to use the second floor for inventory and display as well.  According to the applicant, items on the second floor will be filmed and if a customer cannot access that level, the merchandise will be brought downstairs for inspection.  The issue is technical infeasibility, since there is insufficient room at the base of the stairs to install a lift and if provided at another location would severely damage the historic significance of the building.

Project Progress:

The project is completed.

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.