October
13, 2009
Recommendations of FBC Accessibility Advisory Council
Council Meeting October 12, 2009, Four Members Present
Issue: The applicant requested a waiver from providing vertical accessibility to and from the open air rooftop parking at a new, $1,400,000 office building. According to the applicant, site constraints prevented installation of all parking spaces required by local zoning regulations from being provided at ground level; however, all accessible parking is available on grade, with an accessible path of travel to the main entrance. Estimates of $48,050 and $57,000 were submitted for installation of an elevator. The Commission voted at the August, 2009 meeting to grant the waiver for vertical accessibility to the rooftop parking deck. The Final Order did not specify all conditions imposed on the applicant; therefore, the Commission voted to amend action previously taken to approve the waiver, provided an additional parking space is provided at ground level, to petition to the city to provide additional on street parking, and in the event the tenant space is occupied by a health care provider, to add one accessible parking space to the rooftop.
Issue: The applicant requested a waiver from providing vertical accessibility to the second floor of a new, $2,900,000 fire station. The applicant also requested that toilet rooms for the firefighters be constructed without accessible features since persons with disabilities could not be employed as firefighters. Estimates of $85,240 (inclusive) and $57,200 (equipment only) were submitted for installation of an elevator and $6,114 for accessible toilet facilities. An accessible toilet room has been planned adjacent to the lobby of the building’s public area. The entire project was designed using UFAS, which permits living quarters and toilet facilities for firefighters to be inaccessible. The Department of Justice issued a letter dated July 9, 2009 indicating that regardless of the requirements that firefighters must demonstrate a range of strength and mobility, all areas in fire stations must be accessible to potentially accommodate other types of employees, public officials or limited access by the public.
Action: Deny, based on the position of the Department of Justice.
Issue: The applicant requested a waiver from providing vertical accessibility to all rows of seats in two aluminum bleachers costing $101,251. Accessible seating is planned for the first row of each bleacher. No estimates were provided; however, the applicant stated it would increase the cost of the project tenfold to make each row accessible. The Council recommended that the application be dismissed as it was reviewed twice previously and no additional information was submitted, nor was their a representative of the applicant present.
Action: Dismiss without prejudice for lack of sufficient information.
Issue: The applicant requested a waiver from providing vertical accessibility to the portion of the building containing a second floor. The oldest portion of the structure was originally built in the early 1900’s, with an addition in the 1930’s and a second addition provided during the 1960’s. The project is undergoing a $750,000 alteration and documentation has been provided by the local historic preservation officer that it would be structurally infeasible to install an elevator and would damage the historic significance of the building if one were provided. There are 13 rooms in the hotel and all facilities available on the second floor are also provided on the accessible first floor. The alteration also includes installation of a sloped walkway to access the hotel entrance..
Action: Grant, based on demonstration of extreme hardship and negative impact to the historic character of the building.
Issue: The applicant requested a waiver from providing vertical accessibility to all tiers of seats in a classroom. Access is provided at the mid-level from the main lobby and at the lower section via a ramp outside the classroom. According to the applicant, the multi-level design is intended to provide the most efficient and comfortable sight lines for students to learn through a case study teaching methodology. Visual and verbal interaction between students and instructors is available from every seat in the facility. Furthermore, there is no fixed seating in the classroom which would permit students with disabilities to sit anywhere on the two accessible levels.
Action: Grant, based on demonstration of extreme hardship and technical infeasibility.
Issue: The applicant requesed a waiver from providing vertical accessibility to all rows of seats in two seats of bleachers in a public park. There will be 750 seats in each set of bleachers, with 10 accessible seating areas, with companion seats in each. The accessible seats are located in the lower levels of the bleachers, accessed by ramps. The project will cost $5,650,000, which includes installation of a synthetic turf field and resurfacing the existing track. An adjacent two story building has a press box on the second level, which is accessible by an elevator as well as stairs.
Action: Grant, based on technical infeasibility.
Issue: The applicant requested a waiver from providing vertical accessibility to the cold plunge pool located in the spa area of a new, $185,000,000 high rise residential building. Mechanical, electrical and plumbing requirements as well as HRS rules constrict the amount of space available adjacent to the pool in the spa. A pool deck spa has comparable facilities, but entrance into the water requires the assistance of an attendant. The spas and saunas have been designed to be accessible, and the only issue is independent access to the pool. The building official concluded that the pool deck facility is equivalent to the services provided in the main spa area.
Action: Defer to permit the applicant to research options, such as a removable lift to allow persons with disabilities access to the plunge pool.
Issue: The applicant requested a waiver from providing vertical accessibility to the new 2,147 square foot second floor addition in an existing warehouse. The project will cost $76,000 and was originally permitted to include installation of a lift. The applicant stated there will only be five employees on the second floor and does not feel it is necessary to make the area accessible. The building official disagreed and determined that there was the potential for 21 staff persons on the second level. Estimates were provided of $18,200 and $18,800 respectively for providing a lift.
Action: Grant, based on disproportionate cost.
Issue: The applicant requested a waiver from providing vertical accessibility to an office building undergoing a $60,000 alteration. An estimate of $21,250 to install a lift was submitted. According to the applicant, the same services are provided on the accessible first floor as are on the second. The Council recommended deferring action on the application to allow the applicant the opportunity to provide more information, specifically with respect to cost. The toilet rooms on the second floor are not accessible.
Action: Defer for additional information.
Issue: The applicant requested a waiver from installing visual fire alarms a maximum of 80 inches above the finish floor or 6 inches below the ceiling, whichever is lower. The project is a food distribution center with a 246,628 square foot warehouse containing both dry and refrigerated storage areas. Employees use forklifts to move supplies from one area to the next and frequently damage or destroy the alarms when mounted at the specified height. The applicant wishes to relocate the alarms to the higher height specified in NFPA 72-2002 Table 7.5.4.1.1(b), which would permit the alarms to be mounted up to 30 feet from finish floor. The new ADAAG Standards for Accessible Design does not specify a mounting height, but refers to NFPA 72 for specifications. The Council recommended dismissing the application, as there is no authority to waive life safety standards.
Action: Dismiss for lack of jurisdiction.
Issue: The applicant requested a waiver from providing vertical accessibility to the second floor of a law office. The building was previously converted from a residence to an office facility; however, the owner allowed the occupational license to lapse, and during its review the building department noted some noncompliant areas, including the need for vertical accessibility. According to the application, the structure was built during the 1920’s, but no documentation was submitted. Estimates were provided of $71,500 and $73,950 to install an elevator. The cost of construction is $3,250 to provide a new required exit, emergency lights and drinking fountain. According to the building official, equivalent facilities are provided on the accessible first floor.
Action: Grant, based on disproportionate cost.
Issue: The applicant requested a waiver from providing vertical accessibility to the 1,000 square second floor of an existing building. The 2,132 square foot first floor presently houses a flower shop and the owner would like to offer the second floor to a separate tenant, with a private exterior stair to the entrance. The project is in the preliminary design phase and no working drawings have been provided. The preliminary estimate of the scope of work is $26,075 and it would cost an additional $20,500 to install a lift. It is highly unlikely that the owner will proceed with the expansion if a waiver is not obtained.
Action: Grant, based on disproportionate cost.
Issue: The applicant
requested a waiver from providing vertical accessibility to four rows of seats
in two 75 seat lecture halls undergoing a $277,161 alteration. The remodeling is being done to enhance the
acoustics, to eliminate the 1:10 sloped floor and upgrade fire code
requirements. Each if the auditoriums
will have four accessible seating areas in the front and rear with companion
seats; however, the accessible seats are located on the ends of the rows. Estimates of $60,080 and $66,682 were
submitted as the cost to provide lifts, which exceeds 20 percent of the cost of
the alteration.
Action: Grant,
based on disproportionate cost.
Issue: The applicant obtained a waiver from providing vertical accessibility to the second floor offices of a renovated historic building in 2008. As a condition of the waiver, the final order stipulated that there be no more than five persons employed on the second floor and not be open to the public. Since that time, the applicant has been unable to locate a tenant willing to comply with those conditions, resulting in an unusable building. According to the applicant, the renovation work cost $113,303 and to provide an elevator would cost an additional $47,944, which exceeds twenty percent of the cost of the alteration.
Action: Grant and amend action previously taken to waive access to the second floor based on disproportionate cost.
Issue: The applicant requested a waiver from providing vertical accessibility to a 400 square foot mezzanine in a hair salon. The facility was previously mixed use and is being renovated to provide salon services on both levels. The scope of the work is $87,000 in alterations; and a $24,396 estimate was submitted for installation of a lift. All services provided on the mezzanine are duplicated on the accessible first level.
Action: Grant, based on disproportionate cost.
Issue: The applicant requested a waiver from providing vertical accessibility to 9 holes of a new 18 hole miniature golf course costing $600,000. The course will include the playing area and a village with a Golf Cubhouse, Party Room/Arcade with toilet rooms and a Gift Shop, which are fully accessible. The course is designed to permit persons with mobility impairments to play nine holes or golf with alternate pin/hole placements to provide the experience of playing 18 holes. Signage and score card information will also be provided for instructions on the accessible route and pin placement. According to the applicant, the cost of acquiring additional land would not be feasible to create landscape features, unique hole layouts and water features.
Action: Grant, based on unnecessary and extreme hardship.
Issue: The applicant requested a waiver from providing vertical accessibility to a mezzanine used for cardio exercise in an existing building undergoing a $138,427 alteration, of which, $81,661 represents the actual construction cost. The scope of the work includes converting one racquetball court to become a weight training area. Because of the building’s high ceiling, the applicant is able to construct a new mezzanine that will house cardio training equipment. According to the applicant, it is the University’s policy to provide one of each type of equipment located on the mezzanine on the accessible first level. .
Action: Grant, provided stairs are built that would accommodate installation of a lift at a later date.
Issue: The applicant is requesting a waiver from providing vertical accessibility to all rows of seats in the east mezzanine. The west mezzanine will have an elevator and the applicant would prefer to have all accessible seating in that location. The project is an alteration, but no construction costs for the overall project were provided. However, an estimate of $47,402 was submitted for installation of an elevator. .
Action: Grant, provided two additional seats are provided at the rink level and all accessible seats are located in the west mezzanine.
Issue: Unknown.
Action: Dismiss without prejudice for lack of information.
Issue: The applicant requested a waiver from providing vertical accessibility to the second floor of a 17,727 square foot building housing an after school program on the first floor and a karate school on the second. The building was constructed prior to adoption of the vertical accessibility requirements. Accessible entrances are provided at grade level of both floors and the intervening stairway is used by employees to travel from one program to the other, which are under the same ownership. Estimates of $35,000-$40,000 were provided for the cost of an elevator and $23,850 for a wheelchair lift. According to the applicant, work already done to make the building more accessible would render the lift disproportionate when those costs were added to the equipment cost.
Action: Grant, based on extreme hardship.