FLORIDA BUILDING COMMISSION

FLORIDA ACCESSIBILITY CODE WORKGROUP

December 7, 2009—Meeting V

Rosen Centre Hotel; 9840 International Drive, Orlando Florida 32819; 1.800.204.7234

Meeting Objectives

ü To Approve Regular Procedural Topics (Agenda and Summary Report)

ü To Review Proposed Integration of Florida Specific Requirements

ü To Discuss and Evaluate Level of Acceptability of Proposed Integration of Florida Specific Requirements into SAD

ü To Adopt Florida Specific Requirement Integration Recommendations for Submittal to Commission

ü To Consider Public Comment

ü To Identify Needed Next Steps and Agenda Items for Next Meeting

All Agenda Times—Including Public Comment and Adjournment—Are Subject to Change

Meeting Agenda

1:30* Welcome and Opening

Agenda Review and Approval

Approval of October 12, 2009 F acilitator’s Summary Report

Review and Discussion of Integration of Florida Specific Requirements into SAD

Review draft integration of remaining Parking requirements, s. 553.5041, F.S. and s. 553.511, F.S.

Review draft integration of vertical accessibility requirements, s.553.509, F.S.

Review draft integration of Florida Specific Requirements into the 2004 ADAAG

General Public Comment

Adoption of Recommendations for Integration of FL Specific Requirements into SAD

Review of Workgroup Delivery and Meeting Schedule

Next Steps: Agenda Items, Needed Information, Assignments, Date and Location

Adjourn

Contact Information and Project Webpage

Jeff Blair: jblair@fsu.edu ; http://consensus.fsu.edu/FBC/accessibility-code.html

*Meeting will start at 1:30 PM or upon completion of Accessibility TAC meeting.
Florida Accessibility Code Workgroup

Donald Dawkins, Bemmie Eustace, Kiko Franco, Skip Gregory, Jeff Gross, Jon Hamrick,

Jack Humburg, Diana Ibarra, Julia Kates, Chris Masal, Sharon Mignardi, John O'Conner, Barbara Page, Catherine Powell, Ben Ritter, Larry Schneider, Jim Schock, Shelly Siegal, Julie Shaw, Randy Vann,

Steve Watson, and Phillip Wisely.

Meeting Schedule for 2009 and 2010:

February 2, April 6, August 10, October 12, December 7, 2009, and February 1, 2010.

OVERVIEW AND PROJECT SCOPE

The scope of the Workgroup is to develop recommendations for amending the Florida Accessibility Code for Building Construction once the US Department of Justice completes its adoption of the next generation of the ADA Accessibility Standards. The task is to integrate the relevant Florida standards in ss. 553.501-553.513, F.S., into the 2004 ADAAG as adopted by 28 CFR 36 (prospective). Although DOJ's process is not complete, the Workgroup will begin with the 2004 ADAAG and modify the new draft FACBC to reflect DOJ's amendments when those are available.

The process for developing the new Accessibility Code will be divided into major tasks as follows:

Task 1:

Integration of Florida standards located in the current Florida Accessibility Code into sections of the 2004 ADAAG that have a one for one parallel section.

Task 2:

Deciding what to do with Florida standards that are in sections/subsections of 1994 SAD that do not have a one for one parallel section in the 2004 ADAAG.

Task 3:

Integration of Florida standards into new sections in the 2004 ADAAG that have no parallel in the Florida Accessibility Code (e.g., recreational facilities).

Task 4:

Revising the draft Florida Accessibility Code based on the 2004 ADAAG for changes made by DOJ in its rule making.

Workgroup Adopted Project Strategy Consistent with Project Scope

The Workgroup voted unanimously, 18 - 0 in favor, to integrate all current Florida Specific requirements into the Proposed DOJ SAD (Standards for Accessible Design), June 2008, and concurrently identify issues that should be discussed for possible recommendations regarding Florida Specific requirements and ancillary topics, to be forwarded to the Legislature.

Project Documents

DOJ SAD, June 2008, “Proposed ADA Standards for Accessible Design”.

FACBC 2009, “Florida Accessibility Code for Building Construction”.

ACCESSIBILITY CODE FLORIDA SPECIFIC REQUIREMENTS

INTEGRATION PAGE INDEX

LOCATION OF COMMENTS IN DRAFT INTEGRATED ADAAG/FLORIDA

(Draft 1 v8—Version Currently Posted to Project Webpage)

Green text is the indication of why staff implemented the instruction the way we did.

PARKING

Section 101.4 Code construction P.2

Move to parking both 101.3 and 110.4 to 208.1

Section 202.3 Parking scope P. 16

Say see section 208 for existing parking.

Section 208.1.1 Parking P. 30

Move all to 502.5.1 and put pointer from 208.1.1 to new section

Section 208.2.3 Residential parking P. 31

Rework subsection numbering

Section 208.3.1 Parking spaces P. 32

Staff look into- maybe set up a subsection for a and b for Gv mnt facilities then ? to do with c

Section 208.3.3 Parking P. 34

Agree 3 and 4 are not exceptions and should be moved up in 208.3.1 and 208.3.2 as requirements.

Leave theme park parking grouping as exception 3.

Add “safely” to 3 sentences in 208.3.1 and insert Fl specific dispersion sentence after the ADAAG dispersion sentence.

Consider “safely” for removal from Fl law.

Yes to Jon’s comment on 208.3.3 to subsection p.34. make as subset of 208.3.1

No action to sharon’s suggestion on 208.3.3.1

Move 208.3.4 (1) to 101.3 FIGURE THIS ONE OUT

Section 208.3.4 Parking P. 34

Section 208.3.3.1 P. 33

Move to 208.1.2.3 with numbering consistent with ADAAG ????????

Section 209.2.1.1 Parking and loading zones P. 34

Consider repeal- advocates didn’t seem to care.

Break language into 2 parts and locate in parallel parking and loading zone

502.3.4 parallel parking

Section 208 Parking references 502 and 209 Passenger Loading references 503 so by putting the Florida modifications including the universal design space into those sections the intent of the law is met!

Section 502.1.1 Parking P. 101

502.1.1 replace 502.2 and exception

Section 502.2 Alternate Van Space Width P. 101

Figure 502.2 Parking space P. 101

Section 502.2.1 Parallel parking P. 101

Make 502.2.2 and .2.3 as subsets to 502.2.1 - .1 & .2

Section 502.2.4 Curb ramps P. 101

Put pointer in 502.2.4 (renumbered 502.2.2) to 406.52

Remove from code - Check with attorneys

Figure 502.3 Parking space P. 102

Yes

Figure 9(a) Parking (agrees fig is ok) P. 103

No change

Section 502.3.5 Parking space P. 104

Move to 502.6 and delete ADAAG language with exception of moving ADAAG sentence on van parking sign to parking facilities section where Florida van language is put

Delete date

Section 502.8 Parking P. 105

Move to 502.5.1 consistent with 208.1.1 decision

OTHER

Section 101.2 Barrier Removal P. 2

Clarify with language that must comply with FL Arch Barr Rmvl 553.508

Section 201.1 Dates P. 16

Correlation issue

Section 202.1.1 Churches P. 16

Not resolvable with current language in law

Make a & b consistent numbering with ADAAG

Section 202.1.1 Conflict with law P. 17

Dealt with

Section 206.2.5 4. Renumbering P. 25

Use Sharon’s recommendation

Section 207.2.7 Accessible means of egress; lift standby power P. 23

Section 206.4.5 Tenant spaces P. 28

Vertical Accessibility

Section 207.1 Accessible means of egress P. 30

Correlate to FBC sections

Section 207.2 Platform lifts P. 30

Correlate to FBC

Section 405.7.3 Ramp landing length P. 82

Section 217.1 Public telephones P. 40

No action

Table 224.2 Hotel guest rooms P. 47

When reference say section 224.2. Give as footnote.

Section 226.1.3 Seating in assembly areas P. 49

No action –

Section 227.2 Check out aisles P. 49

Implement Sharon’s rcmnd and delete the section not referenced with the duplicate lnag

Section 233.3.6 Toilet room door width P. 54

No action required

Section 303.4 Ramps P. 61

No action required

Section 404.1 Door width P. 72

Fix the reference to statute numbers- way we do it now

Section 406.1.2 Numbering P. 84

Yes to Sharon’s rcmnd

Section 406.3 Sides of Curb Ramps P. 84

Yes to Sharon’s recmnd and correct figure 406.3.1

Section 505.10.1.1 Ramp extensions P. 110

No action needed

Section 1001 Amusement rides and parks ????? P. 169

VERTICAL ACCESS

Section 201.1.1 and 206.1.1 add 553.509 language P. 15 & P. 22

Section 202.1 add s.553.509 language P. 16

Section 202.2 missing text but add reference to 201.1.1 P. 16

Section 202.3 Alterations P. 16 & 17

Section 202.4 – add reference to 201.1.1 P. 17

Section 203.2 – add reference to 201.1.1 P. 18

203.3 – add reference to 201.1.1 P. 18

203.4 – add reference to 201.1.1 P. 18

203.5 – add reference to 201.1.1 P. 18

203.6 – add reference to 201.1.1 P 19

203.7 – add reference to 201.1.1 P. 19

203.8 – add reference to 201.1.1 P. 19

203.9 – add reference to 201.1.1 P. 19

203.10 – add reference to 201.1.1 P. 20

203.11 – add reference to 201.1.1 P. 20

203.12 – add reference to 201.1.1 P. 20

203.13 – add reference to 201.1.1 P. 20

203.14 – add reference to 201.1.1 P. 21

203.15 – do not add new section 203.15;instead put in 201.1.1 P. 21

206.1.1 – add new subsection and add s.553.509 text P. 22

206.2.3 – Exceptions 1, 3, 4, 5, 6, 7 add reference to 201.1.1 P. 23

Exception 2 - ??????

206.2.4 – Exceptions 1, 2, 3 add reference to 201.1.1 P. 24

206.2.7 – exception 1 & 2 add reference to 201.1.1 P. 25

206.4.5 – exceptions add reference to 201.1.1 P. 28

240.1 – add reference to 201.1.1 P. 57

240.2.1.2 - ???? P. 57

240.2.2 - ???? P.58

EXISTING 28 CFR 36, SUBPARTS A & D

106.5 Defined terms

Commerce P. 7

Commercial Facility P. 7

Disabilities P. 8

Path of Travel P. 9

Place of Public Accommodation P. 9

Primary Function P. 10

Professional Office of Health Care Provider P. 11

Shopping Center and Shopping Mall P. 12

CHANGES TO 28 CFR 36, SUBPARTS A & D, PER DOJ 2008 NPRM

106.5 Defined terms

Existing facility P. 8

Place of Lodging P. 9

Qualified small business P. 11

202.1 Existing Building. General P. 16

202.1.1 Path of Travel upgrade P. 16

221.1 Assembly areas P. 43

228.1 Medical Care Facilities P. 45

224.1 Transient Lodging Guest Rooms P. 46

233.1 Residential Facility P. 52

ACCESSIBILITY CODE WORKGROUP PROCEDURAL GUIDELINES

PARTICIPANTS’ ROLE

ü The Workgroup process is an opportunity to explore possibilities. Offering or exploring an idea does not necessarily imply support for it.

ü Listen to understand. Seek a shared understanding even if you don’t agree.

ü Be focused and concise—balance participation & minimize repetition. Share the airtime.

ü Look to the facilitator(s) to be recognized. Please raise your hand to speak.

ü Speak one person at a time. Please don’t interrupt each other.

ü Focus on issues, not personalities. Avoid stereotyping or personal attacks.

ü To the extent possible, offer options to address other’s concerns, as well as your own.

ü Participate fully in discussions, and complete meeting assignments as requested.

ü Serve as an accessible liaison, and represent and communicate with member’s constituent group(s).

FACILITATORS’ ROLE (FCRC Consensus Center @ FSU)

ü Design and facilitate a participatory workgroup process.

ü Assist the Workgroup to build consensus on a package of recommendations for delivery to the Florida Building Commission.

ü Provide process design and procedural recommendations to staff and the Workgroup.

ü Assist participants to stay focused and on task.

ü Assure that participants follow ground rules.

ü Prepare and post agenda packets, worksheets and meeting summary reports.

GUIDELINES FOR BRAINSTORMING

ü Speak when recognized by the Facilitator(s).

ü Offer one idea per person without explanation.

ü No comments, criticism, or discussion of other's ideas.

ü Listen respectively to other's ideas and opinions.

ü Seek understanding and not agreement at this point in the discussion.

THE NAME STACKING PROCESS

ü Determines the speaking order.

ü Participant raises hand to speak. Facilitator(s) will call on participants in turn.

ü Facilitator(s) may interrupt the stack (change the speaking order) in order to promote discussion on a specific issue or, to balance participation and allow those who have not spoken on an issue an opportunity to do so before others on the list who have already spoken on the issue.

ACCEPTABILITY RANKING SCALE

During the meetings, members will be asked to develop and rank options, and following

discussions and refinements, may be asked to do additional rankings of the options if requested by members and staff. Please be prepared to offer specific refinements or changes to address your reservations. The following scale will be utilized for the ranking exercises:

Acceptability

Ranking

Scale

4 = acceptable, I agree

3 = acceptable, I agree with minor reservations

2 = not acceptable, I don’t agree unless major reservations addressed

1 = not acceptable

WORKGROUP’S CONSENSUS PROCESS

The Workgroup will seek to develop a package of consensus-based recommendations for submittal to the Florida Building Commission. General consensus is a participatory process whereby, on matters of substance, the members strive for agreements which all of the members can accept, support, live with or agree not to oppose. In instances where, after vigorously exploring possible ways to enhance the members’ support for the final decision on a recommendation, and the Workgroup finds that 100% acceptance or support is not achievable, final decisions will require at least 75% favorable vote of all members present and voting. This super majority decision rule underscores the importance of actively developing consensus throughout the process on substantive issues with the participation of all members and which all can live with. In instances where the Workgroup finds that even 75% acceptance or support is not achievable, publication of recommendations will include documentation of the differences and the options that were considered for which there is more than 50% support from the Workgroup.

The Workgroup will develop its recommendations using consensus-building techniques with the assistance of the facilitator. Techniques such as brainstorming, ranking and prioritizing approaches will be utilized. Where differences exist that prevent the Workgroup from reaching a final consensus decision (i.e. with support of at least 75% of the members) on a recommendation, the Workgroup will outline the differences in its documentation.

The Workgroup’s consensus process will be conducted as an open process consistent with applicable law. Workgroup members, staff, and facilitator will be the only participants seated at the table. Only Workgroup members may participate in discussions and vote on proposals and recommendations. The facilitator, or a Workgroup member through the facilitator, may request specific clarification from a member of the public in order to assist the Workgroup in understanding an issue. Observers/members of the public are welcome to speak during the public comment period provided at each meeting, and all comments submitted on the public comment forms provided in the agenda packets will be included in the facilitator’ summary reports.

Facilitator will work with staff and Workgroup members to design agendas and worksheets that will be both efficient and effective. The staff will help the Workgroup with information and meeting logistics.

To enhance the possibility of constructive discussions as members educate themselves on the issues and engage in consensus-building, members agree to refrain from public statements that may prejudge the outcome of the Workgroup’s consensus process. In discussing the Workgroup process with the media, members agree to be careful to present only their own views and not the views or statements of other participants. In addition, in order to provide balance to the Workgroup process, members agree to represent and consult with their stakeholder interest groups.