LOEWS MIAMI BEACH HOTEL

Issue: Vertical accessibility to two roof decks.

Analysis: The applicant is requesting a waiver from providing vertical accessibility to the roof decks of two small new buildings having footprints of 800 square feet each. The buildings will house a total of eight cabanas, one of which is fully accessible. There will also be sun decks on the roofs of both structures. Sun decks are also available on the accessible grade and the applicant feels this provides an equivalent experience to the elevated decks. The project will cost5 $1.5 million.

Project Progress:

The project is under construction.

Items to be Waived:

Vertical accessibility to the roof decks, 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.