Florida Building Code Online

Petition #

317

Do you have a Local Board of Appeals

Yes

If Yes, have they rendered a decision on this issue

Yes

County

Lee

Jurisdiction

City of Sanibel

Building Official

Craig Mole

Address/Phone/Email

2475 Library Way
Sanibel, FL 33957
(239) 472-4555
cam@mysanibel.com

Petitioner Name

Whitecaps South Condominium Association, Inc.

Address/Phone/Email

13410 Almond Drive
Fort Myers, FL 33908
(239) 334-2722
mebelini@knott-law.com

Petitioner Representative's Name

Mark Ebelini

Address/Phone/Email

Knott Ebelini Hart
1625 Hendry Street Suite 301
Fort Myers, FL 33901
(239) 334-2722
mebelini@knott-law.com

Building Code Version

2023

Sub Code

Building

Chapter & Topic

Chapter 1 - Scope and Administration

Section

106.5

If permitted, date of permit application

07/05/2024

Enter explanation of how the Petitioner's substantial interests are being affected by the local interpretation of the Florida Building Code

The local interpretation requires each unit in the Whitecaps South Condominium to have full ADA accessibility features not required by Florida law, which will cost the unit owners hundreds of thousands of dollars, including partial demolition of brand new modular building interiors. (See the attached statement.)

Enter statement of the interpretation given to provisions of the Florida Building Code by the local building official and the manner in which the interpretation was rendered
(If information is entered, it must be exactly as it appears in the hardcopy)

The Building Official has relied upon the definition of a place of lodging and other definitions and provisions of the Florida Building Code rather than solely on the Federal ADA definitions of a "place of public accommodation" and a "place of lodging" as set forth in 28 CFR 36.104 when reviewing Whitecaps' building permit applications for ADA compliance.

Enter statement of the interpretation that the petitioner contends should be given to the provisions of the Florida Building Code and a statement supporting the petitioner's interpretation

The City of Sanibel Building Official should apply solely the Federal ADA definitions of a "place of public accommodation" and a "place of lodging" as set forth in 28 CFR 36.104 when reviewing Whitecaps' building permit applications for ADA compliance, not the definition in the 2023 Florida Building Code, which contains additional and obsolete provisions not authorized by the Florida Legislature. (See attached statement.)

Enter local building official response by providing a statement admitting or denying the statements contained in the petition and a statement of the interpretation of the provisions of the Florida Building Code which the local jurisdiction or the local building official contends is correct, including the basis for the interpretation

see attached file

History

Date Paid

12/05/2025

Date Pending Building Official Response

12/11/2025 12:25 PM

Date Building Official Response

12/11/2025

Date Submitted to BOAF

12/11/2025

Date Accepted

01/12/2026

More Information Requested	Date Requested
Please upload the attached information and provide the specific question(s) the petitioner would like the BI Panel to address regarding the issue being appealed	12/19/2025

Time Waiver Granted

Date Extended To