ALAN WASERSTEIN

Issue: Vertical accessibility to all levels in three buildings being converted to a boutique hotel.

Analysis: The applicant is requesting a waiver from providing vertical accessibility to all levels in three buildings which were originally built as apartments, subsequently converted to offices and are now being modified as a small, boutique hotel. Retail will be available on the ground level. Building 1221 has three stories with a total of 20,024 square feet; Building 1225 has two stories with a total of 6,500 square feet; and Building 1225A has two stories with 2,358 square feet. The total scope of the project is $650,000. The cost for providing elevators in two buildings is $50,000 for 1225 and $88,425 for 1221. In addition, modifying the foundation to install flood proofing and water intrusion prevention systems would be prohibitively expensive. The applicant is continuing to solicit bids for the water prevention measures.

Project Progress:

The project is under design.

Items to be Waived:

Vertical accessibility to all levels of three buildings, 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.