FLORIDA BULDING COMMISSION
ACCESSIBILITY ADVISORY COUNCIL
August 11, 2014

            Chairman Jack Humburg called the meeting of the Council to order at 2:00 P.M.  Members present were Jack Humburg, Barb Page, Bill Riha and Linda Parnell

            Review of Applications for Waivers from Accessibility Code Requirements.

            Kappa Delta Sorority House, 555 West Jefferson Street, Tallahassee:  The applicant requested a waiver from providing vertical accessibility to a platform used as a stage in the dining area of the sorority house.  According to the applicant, the area is used during the rush process that occurs once per year; otherwise, it is a component of the dining room.  The area is accessible from the existing exit door located on an accessible route from the accessible parking space.  The total project cost is $22,107 and estimates of $22,107 and $23,683 were submitted for the cost to install a lift.  However, during the three previous years, $1,000,000 in alterations were done to the property.  David Fronczak represented the applicant and stated the sorority intends to extend the existing platform the width of the dining room in addition to the existing platform.  He also said it would be possible to install accessible hardware on the exterior door leading into the platform, but there is presently no accessible route to the doorway.  Barb Page moved to recommend denying the waiver request and following a second by Linda Parnell, the vote of the Council was unanimous in favor of the motion.

                Epic Theaters, Lot Adjacent to HH Gregg, 8380 Merchants Way, Jacksonville:  The applicant requested a waiver from providing vertical accessibility to all rows of a new 14-screen stadium seating style movie complex.  Section 221 of the code provides an exception for this issue, provided all provisions of 221 and 802 are met.  This includes not only vertical accessibility but vertical dispersion of seating locations as well., Each of the theaters has been designed to include the required number of wheelchair and companion seats and when the seats are located in a common area, e.g. top or back row, sight lines are consistent as well.  The applicant provided an estimate of $2,369.458 for making all 91 rows of seats accessible in addition to the $5,655,000 original building estimate. Jack Muffaletto represented the applicant.  Barb Page moved to recommend granting the waiver to the extent a waiver is required.  Bill Riha seconded the motion and the vote of the Council was unanimous in favor of it. 

            The Temple House, 1415 Euclid Avenue, Miami Beach:  The applicant requested a waiver from providing accessibility into the water of an above-grade pool at a bed and breakfast.  The Art Deco building was constructed in the mid-1930’s and was originally used as a Temple.  It was subsequently converted to a residence and now operates as a bed and breakfast undergoing an approximate $10,000 alteration.  The exterior pool deck is intended to be used by the B & B guests and for persons invited to private events such as weddings or corporate receptions.  The deck is fully accessible; however, the edge of the pool itself is six feet above grade and 9 feet 4 inches laterally into the water.  According to the applicant, due diligence has occurred and no manufacturer could be located that can provide equipment to facilitate transferring a wheelchair user from the pool deck to the water.  The applicant also considered demolishing a portion of the pool, but preliminary cost estimates indicate it would cost 600 times the projected cost for the overall project.  The applicant stated that it would be both structurally impractical as well as technically infeasible to provide a method for persons with disabilities to achieve entry into the water.  NOTE:  The Commission may choose to waive the requirements of 553.509, F. S., however, such action would not relieve the applicant of its obligation to provide pool access as required by the federal ADA.  Bill Riha moved to recommend granting the waiver, based on a demonstration of technical infeasibility.  Following a second by Linda Parnell, the vote of the Council was unanimous in favor of the motion.

            Alpha Gamma Delta Porch Enclosure, 517 West Park Avenue, Tallahassee:  The applicant requested a waiver from providing vertical accessibility to a 485 square foot addition to the dining area.  The alteration consists of enclosing an existing porch and adding an accessible ramp to the first floor.  According to the applicant, $15,000 of the $95,000 project budget is being used to upgrade accessibility features.  Current plans call for increasing the number of available beds from 37 to 56 and an elevator to provide access to all three floors will be addressed when this alteration occurs.  Barb Page moved to recommend deferring action on the request and request that a representative of the applicant participate in the next meeting.  Bill Riha seconded the motion and the vote of the Council was unanimous in favor of it.

            Venezia Hotel, 3865 Indian Creek Drive, Miami Beach:  The applicant requested a waiver from providing vertical accessibility in the split level lobby area which contains four guest rooms as well as customer service.  The application states it will be technically infeasible to install a lift in the split level due to existing constraints and because the stair is part of the required means of egress.  The second portion of the waiver request pertains to an existing elevator that is a component of the c.1947 apartment/hotel building.  The elevator door does not meet the required 36” minimum; the interior is not 51” x 66”; and the foyer at roof will not permit a 5 foot turnaround.  According to the building department, modifying the elevator size would be disproportionate to the cost of construction as well as being technically infeasible.  The hotel is located within a historic district, but no documentation was submitted for this structure.  Barb Page moved to recommend deferring action on the request and request the applicant research options for access to the lobby.  Following a second by Linda Parnell, the vote of the Council was unanimous in favor of the motion.

            Honda of Port Charlotte, 1252 Tamiami Trail, Port Charlotte:  The applicant requested a waiver from providing vertical accessibility to the existing 3,875 square foot second floor which increase by 1,692 square feet during the addition.  The existing 19,646 square foot ground floor will also increase by 4.618 square feet.  According to the applicant, the building was constructed in 2003 and at that time vertical accessibility was not addressed.  The proposed construction cost is approximately $1,000,000 and according to the applicant, cost is not an issue with respect to adding an elevator to the project.  According to the applicant, the second floor is used only by employees and installing an elevator would be detrimental to facility operations and security.  Miguel San Martin represented the applicant.  Linda Parnell moved to recommend denying the application and following a second by Bill Riha, the vote of the Council was unanimous in favor of the motion. 

            Ave Maria University Press Box, 4811 Kelleher Street, Ave Maria:  The applicant requested a waiver from providing vertical accessibility to a new, 2-story 360 square foot press box at a private university football field.  The 2010 edition of the Florida Building Code, Accessibility, provides an exemption for scoring boxes less than 500 square feet; however, the same exemption is not extended to press boxes, thus necessitating the waiver.  The building will cost $120,000 and if a ramp were installed, the entire length would be 225 linear feel.  Bids of $54,000 $57,000 were submitted as the cost to install an elevator.  According to the applicant, because of the use of the facility, it would only be used 6-7 times per year.  Michael Mastandrea represented the applicant.  Bill Riha moved to recommend granting the waiver, provided the press box not be used for public events, but football games only.  Barb Page seconded the motion and the vote of the Council was unanimous in favor of it.

            Collins Park Hotel, 2000 Park Avenue and 2035 Washington Avenue, Miami Beach:  The applicant requested a waiver from providing vertical accessibility to the front terrace and recessed lobbies of the Lord Charles and Gamshire Buildings.  The property consists of seven two and three story structures, all of which ate historic buildings built from 1939-1053.  They are Collins Park Hotel, Adams Hotel, Tyler Apartment Hotel, Lord Charles Apartments, Gamshire Apartments, Sun King Apartments #1 And Sun King Apartments #2. There are approximately 85,625 square feet of the existing properties being conserved and 57,250 square feet of new construction.  There will be a total of 305 hotel units with accessory uses throughout the complex including a restaurant and indoor bar, library and rooftop lounges.  Some portions of three buildings will be demolished to permit the new construction addition which is being designed in accordance with the style and architectural elements of the historic elements.  There currently is no cohesive way to walk between all structures and the applicant intends to connect them through a series of paths, ramps, lifts and elevators.  The project cost to renovate the seven historic buildings, rooftop additions and a 5 story ground floor addition will be $35,000,000.  Providing vertical accessibility to the front terraces and recessed lobbies of the Gamshire and Lord Charles is not disproportionate; however, altering these areas will drastically impact the historic architecture of these structure destroying the historic layouts and character of these public spaces. Matthew Amster represented the applicant.  Linda Parnell moved to recommend granting the waiver because of the historic nature of the property and also because it would be technically infeasible to make all areas accessible.  Barb Page seconded the motion and the Council voted unanimously in favor. 

            DeVine Wine and Grill, 15 Alafaya Woods Boulevard, Suite 117, Orlando:  The applicant requested a waiver from providing vertical accessibility to a 448 square foot mezzanine in a one story restaurant with 3,031 square feet on grade.  The mezzanine is currently designated for use as storage, but will be converted to provide overflow seating if the waiver is approved.  All areas on the ground floor are accessible and contain dining. bar and wine areas and toilet rooms.  According to the applicant, there is insufficient height in the existing tenant space to allow installation of an elevator without extensive modifications to the roof structure and slab on grade. An estimate of $24,317 for installation of a lift was submitted.  Michael DiAlexander represented the applicant.  Barb Page moved toe recommend granting the request, based on demonstration of disproportionate cost.  Following a second by Bill Riha, the vote of the Coincil was unanimous in favor of the motion. 

            Polk State College Center for Public Safety, 1251 Jim Keene Boulevard, Winter Haven:  The applicant requested a waiver from providing vertical accessibility to the second floor of the Immersive Tactical Training building on a campus housing the criminal justice, EMS and fire sciences programs.  Because of the nature of the training that is provided, open areas are essential, including a grid that will permit close observation as well as changing the configuration of interior walls for different tactical training programs.  The entire project will cost $23,844,499 and the applicant stated providing vertical accessibility is not a financial issue, but because program participants must exhibit strength and substantial mobility, it would not be necessary to make this level accessible.  Furthermore, because of the movable walls, and the amount of space needed, a lift would reduce the amount of available training space and a solid elevator shaft would also significantly impact the ability to change the environment easily and quickly.  Chairman Humburg pointed out that the building in question is a Title II facility and requires installation of an elevator to all levels.  George Urbano and Philip Wegman represented the applicant.  Barb Page moved to recommend denying the waiver and following a second by Bill Riha, the vote of the Council was unanimous in favor of the motion.

            There being no further business to come before the Council,, the meeting adjourned at 4:15 P.M.