GROUNDS FOR APPROVAL

· Economic Hardship

o Does the cost of providing vertical accessibility meet or exceed 20% of the cost of the alteration to the primary function area?

o If the 20% threshold is met, the waiver SHALL be granted.

o Does not apply to new construction.

§ Fit-outs/Build-outs are considered new construction

· Historic Nature

o Has the applicant provided documentation of the historic significance of the building?

o Would the historic significance of the structure be negatively impacted by the alterations applicant would have to make to provide accessibility?

o Can be combined with Technical Infeasibility or Economic Hardship

· Technical Infeasibility

o Is the structure built in a way that would otherwise place unnecessary, unreasonable, or extreme hardship on the applicant, if they were required to provide accessibility?

§ Has the applicant provided comments from a licensed design professional?

§ Would have to rebuild, demolish, encroach on property lines, etc.

Bruton's Cigar Shop - WAV # 559

Issue: Vertical accessibility to the roof top deck.

Project Type: Historical preservation (alteration)

Project Progress: Completed

Analysis:

The applicant is requesting a waiver from providing vertical accessibility to the rooftop deck of a historic two-story retail store built in 1925 with 1,225 square feet. The existing building is an old service station which is being converted to a cigar bar and cigar sales facility. The project estimated construction cost is $87,750.00. The interior of the building is about 50% retail and 50% lounge and bar area. As part of the project design, there will be an exterior open air seating and service area on the ground level with ADA access as well as access to the only restroom. In addition, the rooftop deck will be designed to provide for open air seating but offers no services. The Applicant stated that when they were trying to schedule the final inspection on the project, they were advised that the rooftop deck needs to be ADA compliant with a chair lift. However, after further research, it was determined that a chair lift would not be feasible as the height of the roof deck exceeds the travel distance limitation for a chair lift and that the only option for compliance is to install an elevator. According to the applicant, an elevator or lift is not feasible given the project size and design. In addition, Florida Department of State has noted that the addition of an elevator would only cause further adverse impacts to the historic integrity of the building. The applicant has provided documentation confirming the historic significance of the property. 

Uploaded Documents:

1. Owner Authorization

2. Construction Cost

3. Historic Significance Documentation

4. Plans/Pictures

STAFF RECOMMENDATION:

Staff recommends granting the request for waiver for vertical accessibility on the grounds of the historical nature of the property.

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.

MOTIONS

· I move to recommend that the Florida Building Commission approve this request for waiver on the grounds of _________________.

o Economic Hardship

o Historic Nature

o Technical Infeasibility

· I move to recommend that the Florida Building Commission deny this application.

o No rationale necessary.

· I move to recommend that the Florida Building Commission defer this request for waiver to the next meetings of the Council and the Commission for the purpose of allowing the applicant to _________________:

o Submit requested information

o Contact building official or building department

o Etc.