THE UPSIDE DOWN “FUN” HOUSE – A PASSIVE RECREATIONAL AMUSEMENT STRUCTURE

Issue: Vertical accessibility to all levels and providing accessibility from grade level to the entry door level.

Analysis: The applicant is requesting a waiver from providing vertical accessibility to all levels and from grade level to the entry door level of an amusement structure with an estimated cost of $250,000.00. Access to the entry door 6’ above grade will be gained from stairs. The interior floor angle is 5% in the traverse axis and 6% at the length axis. Requirement to make all levels of this structure accessible would negate the entire concept of “amusement” and would not be a viable enterprise. Estimates of $30,000.00 and $31,000.00 for a lift was submitted. Substantial financial costs will be incurred by the owner if the waiver is denied.

Project Progress:

This project is under design.

Items to be waived:

Vertical accessibility to the structure, as required by section 553.509, Florida Statutes.

553.509 Vertical accessibility. This part and the Americans with Disabilities Act Standards for Accessible Design
              do not relieve the owner of any building, structure, or facility

governed by this part from the duty to provide vertical accessibility to all levels above

and below the occupiable grade level, regardless of whether the standards require an

elevator to be installed in such building, structure, or facility, except for:

(a) Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks

and automobile lubrication and maintenance pits and platforms;

(b) 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

(c) 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.

(d)Theaters, concert halls, and stadiums, or other large assembly areas that have stadium-style seating or tiered
seating if ss. 221 and 802 of the standards are met.

(e)All play and recreation areas if the requirements of chapter 10 of the standards are met.

(f)All employee areas as exempted in s. 203.9 of the standards.

(g)Facilities, sites, and spaces exempted by s. 203 of the standards.

(2)However, buildings, structures, and facilities must, as a minimum, comply with the Americans with Disabilities Act
Standards for Accessible Design.

206.2.4 Spaces and Elements. At least one accessible route shall connect accessible building or

facility entrances with all accessible spaces and elements within the building or facility

which are otherwise connected by a circulation path unless exempted by 206.2.3

Exceptions 1 through 7.

402.2 Components Accessible routes shall consist of one or more of the following components:

Walking surfaces with a running slope not steeper than 1:20, doorways, ramps, curb

ramps excluding the flared sides, elevators, and platform lifts. All components of an

accessible route shall comply with the applicable requirements of Chapter 4 and 208.3.1.

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.