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HomeMy WebLinkAbout2005 04 11 Informational 302 Handicap Accessible Parking Space Requirement for Small Commerical Sites COMMISSION AGENDA ITEM 302 CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR April 11, 2005 Meeting ~ MGR. /DEPT Authorization REQUEST: The Community Development Department is responding to a City Commission directive to investigate the ability to waive the handicap accessible parking space requirement for small commercial sites with a limited number of parking spaces. PURPOSE: The purpose of this agenda item is to inform the City Commission that it may not waive the handicap parking space requirement and that each local government is charged by state statute with the responsibility to enforce the Florida Americans With Disabilities Accessibility Implementation Act (sections 553.501 through 553.513, Florida Statutes). APPLICABLE LAW AND PUBLIC POLICY: Americans With Disabilities Act Accessibility Guidelines Chapter 553, Florida Statutes Chapter 11, Florida Building Code Chapter 6, City Code of Ordinances DISCUSSION: In response to City Commission direction to investigate the City Commission's ability to waive requiring a handicap accessible parking space for very small businesses in small sites that limit the number of parking spaces, staff contacted both the Florida Department of Community Affairs and separately researched the Florida Statutes. Sections 553.501 through 553.513, Florida Statutes are known as the Florida Americans With Disabilities Accessibility Implementation Act. The Act incorporates into state law the April II , 2005 Informational 308 Page 2 accessibility requirements of the Americans With Disabilities Act of 1990 and obtains and maintains the United States Department of Justice certification of the Florida Accessibility Code for Building Construction as equivalent to federal standards for accessibility of buildings, structures, and facilities. Subsection 553.504 (1), Florida Statutes, states the following: "All new or altered buildings and facilities subject to ss. 553.501- 553.513 which maybe frequented in, lived in, or worked in by the public shall comply with ss. 553.501 - 553.513." Section 553.5041 regulates the provision of parking spaces for persons who have disabilities. Subsection 553.5041 (3) states the following: "If parking spaces are provided for self-parking by employees or visitors, or both, accessible spaces shall be provided in each such parking area. Such spaces shall be designed and marked for the exclusive use of those individuals who have a severe physical disability and have permanent or temporary mobility problems..." Section 553.512 grants the Florida Building Commission the ability to provide criteria for granting individual modifications of or exemptions from the literal requirements of state handicap accessibility requirements, upon a determination of unnecessary, unreasonable, or extreme hardship, provided such waivers do not violate federal accessibility laws. These waivers must be reviewed by the Accessibility Advisory Council. An applicant for a waiver from the requirements of Section 553.5041 must first demonstrate that she or he has applied for and been denied a waiver or variance from all local regulations that prevent compliance with that section. Section 553.513 requires each local government to enforce the state handicap accessibility regulations. ST AFF RECOMMENDATION: None required ATTACHMENTS: A. Florida Americans With Disabilities Accessibility Implementation Act B. DCA Florida Building Commission Waiver Request Forms COMMISSION ACTION: ATTACHMENT A 553.415 REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS 553.501 A standards and procedures may thereafter be modified, shall approve or reject such plans, specifications, and methods of construction. Approval shall not be given unless such plans, specifications, and methods of construction are in compliance with the State Uniform Building Code for Public Educational Facilities and department rule. After March 1, 2002, the Uniform Code for Public Educational Facilities shall be incor- porated into the Florida Building Code, including specific requirements for public educational facilities and department rule. (6) The department may delegate its plans review authority to a state agency or public or private entity; however, the department shall ensure that any person conducting plans reviews is a certified plans examiner, pursuant to part XII of chapter 468. (7) A standard plan approval may be obtained from the department for factory-built school buildings and such depart- ment-approved plans shall be accepted by the enforcement agency as approved for the purpose of obtaining a construction permit for the structure itself. The department, or its designated representative, shall determine if the plans qualify for purposes of a factory-built school shelter, as defined in s. 553.36. (8) Any amendment to the State Uniform Code for Public Educational Facilities, and after March 1, 2002, the Florida Building Code, shall become effective 180 days after the amendment is filed with the Secretary of State. Notwithstand- ing the 180-day delayed effective date, the manufacturer shall submit and obtain a revised approved plan within the 180 days. A revised plan submitted pursuant to this subsection shall be processed as a renewal or revision with appropriate fees. A plan submitted after the period of time provided shall be processed as a new application with appropriate fees. (9) The school district or community college district for which any factory-built school building is constructed or altered after July 1, 2001, shall provide for periodic inspection of the proposed factory-built school building during each phase of construction or alteration. The inspector shall act under the direction of the governing board for employment purposes. This subsection does not prevent a school district or commu- nity college district from purchasing or otherwise using a factory-built school building that has been inspected during all phases of construction or alteration conducted after July 1, 2001, by another school district or community college or by an approved inspection agency certified pursuant to s. 553.36(2). If a factory-built school building is constructed or altered for an entity other than a school district or community college district, such entity may employ at its election a school district, community college district, or such approved inspect' . agency to conduct such inspections. A school district or' € . {lity college district so employed may charge such" . r services at reasonable rates comparable to those chafge similar services by approved inspection agencies. (10) The department shall, by rule, develop forms and reporting periods for the architect or structural engineer in charge of the supervision of the work of construction in the factory, the inspector on the work, and the manufacturer verifying that based upon personal knowledge, the work during the period covered by the report has been performed, and the materials used and installed, in every particular, in accordance with the approved plans and specifications, setting forth such detailed statements of facts as required by the department. (11) The department shall develop a unique identification label to be affixed to all newly constructed factory-built school buildings and existing factory-built school buildings which have been brought into compliance with the standards for existing "satisfactory" buildings pursuant to chapter 5 of the Uniform Code for Public Educational Facilities, and after March 1, 2002, the Florida Building Code. The department may charge a fee for issuing such labels. Such labels, bearing the department's name and state seal, shall at a minimum, contain: (a) The name of the manufacturer. (b) The standard plan approval number or alteration num- ber. (c) The date of manufacture or alteration. (d) The serial or other identification number. (e) The following designed-for loads: lbs. per square foot live load; Ibs. per square foot floor live load; Ibs. per square foot horizontal wind load; and Ibs. per square foot wind uplift load. (1) The designed-for flood zone usage. (g) The designed-for wind zone usage. (h) The designed-for enhanced hurricane protection zone usage: yes or no. (12) Such identification label shall be permanently affixed by the manufacturer in the case of newly constructed factory- built school buildings, or by the department or its designee in the case of an existing factory-built building altered to comply with provisions of s. 1013.20. (13) As of July 1,2001, all newly constructed factory-built school buildings shall bear a label pursuant to subsection (12). As of July I, 2002, existing factory-built school buildings and manufactured buildings used as classrooms and not bearing such label shall not be used as classrooms pursuant to s. 1013.20. (14) Nothing in this section shall affect any requirement for compliance with frresafety criteria. Ifistory.--s. 64. ch. 2000.141; s. 22,ch. 2001-186; s. 1. ch. 2001-372; s. 1028, ch. 2002-387. 553.42. Legislative intent. Nothing herein shall act to nullify or supersede the provi- sions of chapter 527 relating to sale, use, or storage of liquefied petroleum gas, except that inspections made pursuant to chapter 527 shall be made at the place of manufacture. Ifistory.--s. 7, ch. 71-172; s. 1, ch. 74-208; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1,6, ch. 79-152; ss. 2, 3, ch. 81-318; ss. 3, 4, ch. 84-32; s. 4, ch. 91-429. PART II. ACCESSIBILITY BY HANDICAPPED PERSONS 553.501. Short title. Sections 553.501-553.513 may be cited as the "Florida Americans With Disabilities Accessibility Implementation Act. " History.-s. I, ch. 93-183. 903 553.502 553.502. Intent. FLORIDA MUNICIPAL LAWS 2004 553.504 The purpose and intent of ss. 553.501-553.513 is to incor- porate into the law of this state the accessibility requirements of the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42 U.S.C. ss. 12101 et seq., and to obtain and maintain United States Department of Justice certification of the Florida Accessibility Code for Building Construction as equivalent to federal standards for accessibility of buildings, structures, and facilities. All state laws, rules, standards, and codes governing facilities covered by the guidelines shall be maintained to assure certification of the state's construction standards and codes. Nothing in ss. 553.501-553.513 is in- tended to expand or diminish the defenses available to a place of public accommodation under the Americans with Disabili- ties Act and the federal Americans with Disabilities Act Accessibility Guidelines, including, but not limited to, the readily achievable standard, and the standards applicable to alterations to places of public accommodation. Instory.-s. 1, ch. 93-183; s. 1, ch. 97-76. ,. 553.503. Adoption of guidelines. Subject to the exceptions in s. 553.504, the federal Ameri- cans with Disabilities Act Accessibility Guidelines, as adopted by reference in 28 C.P.R., part 36, subparts A and D, and Title II of Pub. L. No. 101-336, are hereby adopted and incorporated by reference as the law of this state. The guidelines shall establish the minimum standards for the accessibility of build- ings and facilities built or altered within this state. The 1997 Florida Accessibility Code for Building Construction must be adopted by the Florida Building Commission in accordance with chapter 120. Instory.-s. 1, ch. 93-183; s. 2, ch. 97.76; s. 65, ch. 2000-141; s. 59, ch. 2000-154. . 553.504. Exceptions to applicability of the guidelines. Notwithstanding the adoption of the Americans with Dis- abilities Act Accessibility Guidelines in s. 553.503, all build- ings, structures, and facilities in this state shall meet the following additional requirements when they provide increased accessibility: (1) All new or altered buildings and facilities subject to ss. 553.501-553.513 which may be frequented in, lived in, or worked in by the public shall comply with ss. 553.501-553.513. (2) All new single-family houses, duplexes, triplexes, con- dominiums, and townhouses shall provide at least one bath- room, located with maximum possible privacy, where bath- rooms are provided on habitable grade levels, with a door that has a 29-inch clear opening. However, if only a toilet room is provided at grade level, such toilet room shall have a clear opening of not less than 29 inches. (3) All required doors and walk-through openings in build- ings excluding single-family homes, duplexes, and triplexes not covered by the Americans with Disabilities Act of 1990 or the Fair Housing Act shall have at least 29 inches of clear width except under ss. 553.501-553.513. (4) In addition to the requirements in reference 4.8.4 of the guidelines, all landings on ramps shall be not less than 60 inches clear, and the bottom of each ramp shall have not less than 72 inches of straight and level clearance. (5) All curb ramps shall be designed and constructed in accordance with the following requirements: (a) Notwithstanding the requirements of reference 4.8.5.2 of the guidelines, handrails on ramps which are not continuous shall extend not less than 18 inches beyond the sloped segment at both the top and bottom, and shall be parallel to the floor or ground surface. (b) Notwithstanding the requirements of references 4.3.3 and 4.8.3 of the guidelines, curb ramps that are part of a required means of egress shall be not less than 44 inches wide. (c) Notwithstanding the requirements of reference 4.7.5 of the guidelines, curb ramps located where pedestrians must use them and all curb ramps which are not protected by handrails or guardrails shall have flared sides with a slope not exceeding a ratio of 1 to 12. (6) Notwithstanding the requirements in reference 4.13.11 of the guidelines, exterior hinged doors shall be so designed that such doors can be pushed or pulled open with a force not exceeding 8.5 foot pounds. (7) Notwithstanding the requirements in reference 4.33.1 of the guidelines, all public food service establishments, all establishments licensed under the Beverage Law for consump- tion on the premises, and all facilities governed by reference 4.1 of the guidelines shall provide seating or spaces for seating in accordance with the following requirements: (a) For the ftrst 100 fixed seats, accessible and usable spaces must be provided consistent with the following table: Capacity of Seating In Assembly Areas Number of Required Wheelchair Locations 1 to 25 1 26 to 50 2 51 to 100 4 (b) For all remaining fixed seats, there shall be not less than one such accessible and usable space for each 100 fixed seats or fraction thereof. (8) Notwithstanding the requirements in references 4.32.1- 4.32.4 of the guidelines, all ftxed seating in public food service establishments, in establishments licensed under the Beverage Law for consumption on the premises, and in all other facilities governed by reference 4.1 of the guidelines shall be designed and constructed in accordance with the following requirements: (a) All aisles adjacent to ftxed seating shall provide clear space for wheelchairs. (b) Where there are open positions along both sides of such aisles, the aisles shall be not less than 52 inches wide. (9) In motels and hotels a number of rooms equaling at least 5 percent of the guest rooms minus the number of accessible rooms required by the guidelines shall provide the following special accessibility features: (a) Grab rails in bathrooms and toilet rooms that comply with s. 4.16.4 of the guidelines. (b) All beds in designed accessible guest rooms shall be open-frame type to permit passage of lift devices. (c) All standard water closet seats shall be at a height of 15 inches, measured vertically from the ftnished floor to the top of the seat, with a variation of plus or minus 112 inch. A portable or attached raised toilet seat shall be provided in all designated handicapped accessible rooms. All buildings, structures, or facilities licensed as a hotel, motel, or condominium pursuant to chapter 509 shall be subject to the 904 553.504 REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS 553.5041 provisions of this subsection. Nothing in this subsection shall be construed as relieving the owner of the responsibility of providing accessible rooms in conformance with ss. 9.1-9.5 of the guidelines. (10) Notwithstanding the requirements in reference 4.29.2 of the guidelines, all detectable warning surfaces required by the guidelines shall be governed by the requirements of American National Standards Institute A117.1-1986. (11) Notwithstanding the requirements in references 4.31.2 and 4.31.3 of the guidelines, the installation and placement of all public telephones shall be governed by the rules of the Florida Public Service Commission. (12) Notwithstanding the requirements in references 4.1.3( II) and 4.16-4.23 of the guidelines, required restrooms and toilet rooms in new construction shall be designed and constructed in accordance with the following requirements: (a) The standard accessible restroom stall shall contain an accessible lavatory within it, the size of such lavatory to be not less than 19 inches wide by 17 inches deep, nominal size, and wall-mounted. The lavatory shall be mounted so as not to overlap the clear floor space areas required by s. 4.17 figure 30(a) of the guidelines for the standard accessible stall and to comply with s. 4.19 of the guidelines. Such lavatories shall be counted as part of the required fixture count for the building. (b) The accessible water closet shall be located in the corner, diagonal to the door. (c) The accessible stall door shall be self-closing. (13) All customer checkout aisles not required by the guidelines to be handicapped accessible shall have at least 32 inches of clear passage. (14) Thrnstiles shall not be used in occupancies which serve fewer than 100 persons, but turnstiles may be used in occupancies which serve at least 1 ()() persons if there is an unlocked alternate passageway on an accessible route affording not less than 32 inches of clearance, equipped with latching devices in accordance with the guidelines. (15) Barriers at common or emergency entrances and exits of business establishments conducting business with the gen- eral public that are existing, under construction, or under contract for construction which would prevent a person from using such entrances or exits shall be removed. History.-s. 1, ch. 93-183; s. 3, ch. 97-76. . 553.5041. Parking spaces for persons who have disabilities. (1) This section is not intended to expand or diminish the defenses available to a place of public accommodation under the Americans with Disabilities Act and the federal Americans with Disabilities Act Accessibility Guidelines, including, but not limited to, the readily achievable standard, and the stan- dards applicable to alterations to places of public accommoda- tion. Subject to the exceptions described in subsections (2), (4), (5), and (6), when the parking and loading zone requirements of the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG), as adopted by reference in 28 c.F.R. part 36, subparts A and D, and Title II of Pub. L. No. 101-336, provide increased accessibility, those requirements are adopted and incorporated by reference as the law of this state. (2) State agencies and political subdivisions having juris- diction over street parking or publicly owned or operated parking facilities are not required to provide a greater right-of- way width than would otherwise be planned under regulations, guidelines, or practices normally applied to new development. (3) If parking spaces are provided for self-parking by employees or visitors, or both, accessible spaces shall/ be provided in each such parking area. Such spaces shall be designed and marked for the exclusive use of those individuals who have a severe physical disability and have permanent or temporary mobility problems that substantially impair their ability to ambulate and who have been issued either a disabled parking pennit under s. 316.1958 or s. 320.0848 or a license plate under s. 320.084, s. 320.0842, s. 320.0843, or s. 320.0845. (4) The number of accessible parking spaces must comply with the parking requirements in ADAAG s. 4.1 and the following: (a) There must be one accessible parking space in the immediate vicinity of a publicly owned or leased building that houses a governmental entity or a political subdivision, includ- ing, but not limited to, state office buildings and courthouses, if no parking for the public is provided on the premises of the building. (b) There must be one accessible parking space for each 150 metered on-street parking spaces provided by state agen- cies and political subdivisions. (c) The number of parking spaces for persons who have disabilities must be increased on the basis of demonstrated and documented need. (5) Accessible perPendicular and diagonal accessible park- ing spaces and loading zones must be designed and located in conformance with the guidelines set forth in ADAAG ss. 4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking Design." (a) All spaces must be located on an accessible route no less than 44 inches wide so that users will not be compelled to walk or wheel behind parked vehicles. (b) Each space must be located on the shortest safely accessible route from the parking space to an accessible entrance. If there are multiple entrances or multiple retail stores, the parking spaces must be dispersed to provide parking at the nearest accessible entrance. If a theme park or an entertainment complex as defined in s. 509.013(9) provides parking in several lots or areas from which access to the theme park or entertainment complex is provided, a single lot or area may be designated for parking by persons who have disabili- ties, if the lot or area is located on the shortest safely accessible route to an accessible entrance to the theme park or entertain- ment complex or to transportation to such an accessible entrance. (c) 1. Each parking space must be no less than 12 feet wide. Parking access aisles must be no less than 5 feet wide and must be part of an accessible route to the building or facility entrance. In accordance with ADAAG s. 4.6.3, access aisles must be placed adjacent to accessible parking spaces; however, two accessible parking spaces may share a common access aisle. The access aisle must be striped diagonally to designate it as a no-parking zone. 2. The parking access aisles are reserved for the temporary exclusive use of persons who have disabled parking pennits and who require extra space to deploy a mobility device, lift, or ramp in order to exit from or enter a vehicle. Parking is not allowed in an access aisle. Violators are subject to the same penalties that are imposed for illegally parking in parking spaces that are designated for persons who have disabilities. A 905 553.5041 FLORIDA MUNICIPAL LAWS 2004 553.508 vehicle may not be parked in an access aisle, even if the vehicle owner or passenger is disabled or owns a disabled parking permit. 3. Any provision of this subsection to the contrary notwith- standing, a theme park or an entertainment complex as defined in s. 509.013(9) in which are provided continuous attendant services for directing individuals to marked accessible parking spaces or designated lots for parking by persons who have disabilities, may, in lieu of the required parking space design, provide parking spaces that comply with ADAAG ss. 4.1 and 4.6. (d) On-street parallel parking spaces must be located either at the beginning or end of a block or adjacent to alley entrances. Such spaces must be designed in conformance with the guidelines set forth in ADAAG ss. 4.6.2 through 4.6.5, exception: access aisles are not required. Curbs adjacent to such spaces must be of a height that will not interfere with the opening and closing of motor vehicle doors. This subsection does not relieve the owner of the responsibility to comply with the parking requirements of ADAAG ss. 4.1 and 4.6. (e) Parallel parking spaces must be even with surface slopes, may match the grade of the adjacent travel lane, and must not exceed a cross slope of 1 to 50, where feasible. (f) Curb ramps must be located outside of the disabled parking spaces and access aisles. (g) 1. The removal of architectural barriers from a parking facility in accordance with 28 C.ER. s. 36.304 or with s. 553.508 must comply with this section unless compliance would cause the barrier removal not to be readily achievable. If compliance would cause the barrier removal not to be readily achievable, a facility may provide parking spaces at alternative locations for persons who have disabilities and provide appro- priate signage directing persons who have disabilities to the alternative parking if readily achievable. The facility may not reduce the required number or dimensions of those spaces, nor may it unreasonably increase the length of the accessible route from a parking space to the facility. The removal of an architectural barrier must not create a significant risk to the health or safety of a person who has a disability or to that of others. 2. A facility that is making alterations under s. 553.507(2)(b) must comply with this section to the maximum extent feasible. If compliance with parking location requirements is not feasi- ble, the facility may provide parking spaces at alternative locations for persons who have disabilities and provide appro- priate signage directing persons who have a disability to alternative parking. The facility may not reduce the required number or dimensions of those spaces, nor may it unnecessar- ily increase the length of the accessible route from a parking space to the facility. The alteration must not create a significant risk to the health or safety of a person who has a disability or to that of others. (6) Each such parking space must be prominently outlined with blue paint, and must be repainted when necessary, to be clearly distinguishable as a parking space designated for persons who have disabilities and must be posted with a permanent above-grade sign of a color and design approved by the Department of Transportation, which is placed on or at a distance of 84 inches above the ground to the bottom of the sign and which bears the international symbol of accessibility meeting the requirements of ADAAG s. 4.30.7 and the caption "PARKING BY DISABLED PERMIT ONLY." Such a sign erected after October 1, 1996, must indicate the penalty for illegal use of the space. Any provision of this section to the contrary notwithstanding, in a theme park or an entertainment complex as defmed in s. 509.013(9) in which accessible parking is located in designated lots or areas, the signage indicating the lot as reserved for accessible parking may be located at the entrances to the lot in lieu of a sign at each parking place. This subsection does not relieve the owner of the responsibility of complying with the signage requirements of ADAAG s. 4.30. History.-s. 66, ch. 2000-141. 553.505. Exceptions to applicability of the Americans with Disabilities Act. Notwithstanding the Americans with Disabilities Act of 1990, private clubs are governed by ss. 553.501-553.513. Parking spaces, parking lots, and other parking facilities are governed by s. 553.5041 when that section provides increased accessibility. History.--s. l,ch. 93-183; s. 14,ch. 96.200; s.4,ch. 97-76;s. 23,ch. 2001-186. 553.506. Powers of the commission. In addition to any other authority I vested in the Florida Building Commission by law, the commission, in implement- ing ss. 553.501-553.513, may, by rule, adopt revised and updated versions of the Americans with Disabilities Act Ac- cessibility Guidelines in accordance with chapter 120. History.--s. 1, ch. 93-183; s. 67, ch. 2000-141; s. 60, ch. 2000-154. 553.507. Exemptions. Sections 553.501-553.513 do not apply to any of the following: (1) Buildings, structures, or facilities that were either under construction or under contract for construction on October 1, 1997. (2) Buildings, structures, or facilities that were in existence on October 1, 1997, unless: (a) The building, structure, or facility is being converted from residential to nonresidential or mixed use, as defmed by local law; (b) The proposed alteration or renovation of the building, structure, or facility will affect usability or accessibility to a degree that invokes the requirements of s. 303(a) of the Americans with Disabilities Act of 1990; or (c) The original construction or any former alteration or renovation of the building, structure, or facility was carried out in violation of applicable permitting law. History.--s. 1, ch. 93-183; s. 5, ch. 97-76; s. 31, ch. 2001-63; s. 24, ch. 2001-186. 553.508. Architectural barrier removal. Removal of architectural barriers, pursuant to 28 e.ER. s. 36.304, from buildings, structures, or facilities to which this act applies shall comply with ss. 553.501-553.513 unless compli- ance would render the removal not readily achievable. In no 906 553.508 REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS 553.513 instance shall the removal of an architectural barrier create a significant risk to the health or safety of an individual with a disability or others. History.-s. I, ch. 93-183. 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 occupi- able 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. However, buildings, structures, and facilities must, as a mini- mum, comply with the requirements in the Americans with Disabilities Act Accessibility Guidelines. History.-s. I. ch. 93-183; s. 6, ch. 97-76. . 553.511. Parking facilities; minimum height clearance re- quirement. Every nonresidential structure built on or after January 1, 1991, which is designed to use covered or underground parking as the primary available parking space shall design the covered or underground parking facility to maintain a minimum height for the portion of the street -accessible level of the parking facility directly over van-accessible parking spaces and for providing ingress and egress to such parking spaces of at least 8 feet 2 inches. Signs shall be posted to warn operators of handicapped-equipped vans that they cannot pass beyond a certain point due to height limitations. If compliance with this minimum height clearance requirement will cause the structure to exceed local height limitations imposed by local zoning, planning, or fire ordinances, or will result in the imposition of any additional requirements of such ordinances, the structure may exceed the height limitation specified in those particular codes as necessary to comply with the requirements of this section and is exempt from such additional requirements. Structures for which the plans were sealed by an architect prior to January 1, 1991, are exempt from this section. History.-s. 2, ch. 90-250; s. 2, ch. 93-183; s. 7, ch. 97-76. Note.-Former s. 553.482. 553.512. Modifications and waivers; advisory council. (1) The Florida Building Commission shall provide by regulation criteria for granting individual modifications of, or exceptions from, the literal requirements of this part upon a determination of unnecessary, unreasonable, or extreme hard- ship, provided such waivers shall not violate federal accessi- bility laws and regulations and shall be reviewed by the Accessibility Advisory Council. Notwithstanding any other provision of this subsection, if an. applicant for a waiver demonstrates economic hardship in accordance with 28 C.ER. s. 36.403(f)(1), a waiver shall be granted. The commission may not consider waiving any of the requirements of s. 553.5041 unless the applicant first demonstrates that she or he has applied for and been denied waiver or variance from all local government zoning, subdivision regulations, or other ordi- nances that prevent compliance therewith. Further, the com- mission may not waive the requirement of s. 553.5041(5)(a) and (c)1. governing the minimum width of accessible routes and minimum width of accessible parking spaces. (2) The Accessibility Advisory Council shall consist of the following seven members, who shall be knowledgeable in the area of accessibility for persons with disabilities. The Secretary of Community Affairs shall appoint the following: a represen- tative from the Advocacy Center for Persons with Disabilities, Inc.; a representative from the Division of Blind Services; a representative from the Division of Vocational Rehabilitation; a representative from a statewide organization representing the physically handicapped; a representative from the hearing impaired; a representative from the President, Florida Council of Handicapped Organizations; and a representative of the Paralyzed Veterans of America. The terms for the first three council members appointed subsequent to October 1, 1991, shall be for 4 years, the terms for the next two council members appointed shall be for 3 years, and the terms for the next two members shall be for 2 years. Thereafter, all council member appointments shall be for terms of 4 years. No council member shall serve more than two 4-year terms subsequent to October 1, 1991. Any member of the council may be replaced by the secretary upon three unexcused absences. Upon application made in the form provided, an individual waiver or modifica- tion may be granted by the commission so long as such modification or waiver is not in conflict with more stringent standards provided in another chapter. (3) Members of the council shall serve without compensa- tion, but shall be entitled to reimbursement for per diem and travel expenses as provided by s. 112.061. (4) Meetings of the advisory council shall be held in conjunction with the regular meetings of the commission. History.-s. 3, ch. 78-333; s. I, ch. 82-46; s. 2, ch. 83-265; s. 25, ch. 86-220; s. 5, ch. 89-97; ss. 1,5,6, ch. 91-172; s. 5, ch. 91-429; s. 2, ch. 93-183;s. 10, ch. 97-76; s. 68,ch. 2000-14I;s. 6I,ch. 2000-I54;s. 13, ch.2002-293. Note.-Former s. 553.49. 553.513. Enforcement. It shall be the responsibility of each local government and each code enforcement agency established pursuant to s. 553.80 to enforce the provisions of this part. This act expressly preempts the establishment of handicapped accessibility stan- dards to the state and supersedes any county or municipal ordinance on the subject. However, nothing in this section shall prohibit municipalities and counties from enforcing the provi- sions of this act. History.-s. 6, ch. 89-97; s. 2, ch. 93-183. Note.-Former s. 553.495. 907 ATTACHMENT B Department of Community Affairs FLORIDA BUILDING COMMISSION 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 NOTICE TO WAIVER APPLICANTS Please make certain you comply with the following: · The person submitting the waiver request application as the Applicant MUST sign the application. Should you fail to do so, your application will be returned. · If a licensed design professional (architect or engineer) has designed the project, his or her comments MUST be included as a part of this application. · Be as explicit as possible. The more information provided to the Florida Building Commission, the more informed its decisions can be. If you are claiming financial hardship, please specify why and to what degree. If at all possible, PLAN TO ATTEND the Accessibility Advisory Council and the Florida Building Commission meetings. Sometimes pertinent facts are inadvertently omitted, or information provided/pre- sented in the Request for Waiver application is not clear. Your attendance at the meetings to answer ques- tions will enhance the possibility of the waiver being approved, since the Council and the Commission will receive the most complete information - from you. When we receive the completed application, we will send you a notice of the time, date, and place for-both the Council and the Commission meetings. Enclosed are a List of Required Information and the Request for Waiver application. If you have any questions or would like additional information, please call the Codes and Standards Section at (850) 487-1824. Please mail this application to the Department of Community Affairs at the address above. As well as a hard copy, please include a copy of the application (without drawings or plans) on a 3.5 floppy disk in PC format. This application is available in alternate formats upon request. FLORIDA BUILDING CODE - BUILDING Revised November, 2001 11.113 LIST OF REQUIRED INFORMATION: 1. Drawings that will clearly present your project and that identify the issue(s) that relate to the waiver you are requesting. As a minimum, the following drawings must be submitted: a. Project site plan b. 24" x 36" minimum size drawings c. Building/project sections (if necessary to assist in understanding the waiver request) d. Enlarged floor plan(s) of the area in question 2. One set of reduced scale (11" x 17") versions of the drawings submitted in item one above. 3. One set of overhead transparencies (8 W' x 11") of the drawings submitted in item one above. When numerous features are shown on the drawings, please designate the location of the waiver items by highlighting or outlining in color the affected areas. 4. When substantial financial cost of compliance is alleged, supporting cost estimates with quotes from at least two vendors or contractors and catalog information. 5. If you feel photographs and/or renderings are necessary for your presentation, provide 40 legible color photocopies of the photographs and/or renderings. If color photocopies of photographs are provided, use a mininwm size of 4" x 6" photographs with a maximum of two photographs per photocopied page. 6. Please submit a hard copy of this application to the Department of Community Affairs, as well as a copy of the application on a 3.5 floppy disk in PC format. PLEASE NOTE: Do not submit drawings or plans on the disk. General Information: a. Equipment: An overhead projector is provided at the presentation; any other equipment necessary for your pres- entation, such as TVNCR, slide or LCD projectors, etc., is the responsibility of the applicant. b. Verbal Descriptions: Presentations may be to sight or hearing impaired persons; visual presentations should con- sider adequate verbal and text descriptions of charts and pictures. Your application will be reviewed by the Accessibility Advisory Council. You will have the opportunity to answer questions and/or make a short presentation not to exceed 15 minutes. The Council will provide recommendations to the Florida Building Commission. The Commission will review the application. You will have another opportunity to answer questions and lor give a short presentation not to exceed 15 minutes. The Commission will consider all information and the Council's recommendation before voting on the waiver. This application is available in alternate formats upon request. 11.114 Revised November, 2001 FLORIDA BUILDING CODE - BUILDING " I LIST OF REQUIRED INFORMATION: L Drawings that will clearly present your project and that identify the issue(s) that relate to the waiver you 'are requesting. As a minimum, the following drawings must be submitted: a. Project site plan b. 24" x 36" minimum size drawings c. Building/project sections (if necessary to assist in understanding the waiver request) d. Enlarged floor plan(s) of the area in question 2. One set of reduced scale (11" x 17") versions of the drawings submitted in item one above. 3. One set of overhead transparencies (8 l/2" x 11") of the drawings submitted in item one above. When numerous features are shown on the drawings, please designate the location of the waiver items by highlighting or outlining in color the affected areas. 4. When substantial financial cost of compliance is alleged, supporting cost estimates with quotes from at least two vendors or contractors and catalog information. 5. If you feel photographs and/or renderings are necessary for your presentation, provide 40 legible color photocopies of the photographs and/or renderings. If color photocopies of photographs are provided, use a minimum size of 4" x 6" photographs with a maximum of two photographs per photocopied page. 6. Please submit a hard copy of this application to the Department of Community Affairs, as well as a copy of the application on a 3.5 floppy disk in PC format. PLEASE NOTE: Do not submit drawings or plans on the disk. General Information: a. Equipment: An overhead projector is provided at the presentation; any other equipment necessary for your pres- entation, such as TVNCR, slide or LCD projectors, etc., is the responsibility of the applicant. b. Verbal Descriptions: Presentations may be to sight or hearing impaired persons; visual presentations should con- sider adequate verbal and text descriptions of charts and pictures. Your application will be reviewed by the Accessibility Advisory Council. You will have the opportunity to answer questions and/or make a short presentation not to exceed 15 minutes. The Council will provide recommendations to the Florida Building Commission. The Commission will review the application. You will have another opportunity to answer questions and lor give a short presentation not to exceed 15 minutes. The Commission will consider all information and the Council's recommendation before voting on the waiver. This application is available in alternate formats upon request. 11.114 Revised November, 2001 FLORIDA BUILDING CODE. BUILDING REQUEST FOR WAIVER FROM ACCESSIBILITY REQUIREMENTS OF CHAPTER 553, PART V, FLORIDA STATUTES Your application will be reviewed by the Accessibility Advisory Council and its recommendations will be presented to the Florida Building Commission. You will have the opportunity to answer questions and/or make a short presen- tation, not to exceed 15 minutes, at each meeting. The Commission will consider all information presented and the Council's recommendation before voting on the waiver request. 1. Name and address of project for which the waiver is requested. Name: Address: 2. Name of Applicant. If other than the owner, please indicate relationship of applicant to owner and written authorization by owner in space provided: Applicant's Name: Applicant's Address: Applicant's Telephone: FAX: Applicant's E-mail Address: Relationship to Owner: Owner's Name: Owner's Address: Owner's Telephone: FAX Owner's E-mail Address: Signature of Owner: Contact Person: Contact Person's Telephone: E-mail Address: This application is available in alternate formats upon request. Form No. 2001-01 FLORIDA BUILDING CODE - BUILDING Revised November, 2001 11.115 3. Please check one of the following: [ ] New construction. [ ] Addition to a building or facility. [ ] Alteration to an existing building or facility. [ ] Historical preservation (addition). [ ] Historical preservation (alteration). 4. Type of facility. Please describe the building (square footage, number of floors). Define the use of the building (i.e., restaurant, office, retail, recreation, hotel/motel, etc.) 5. Project Construction Cost (Provide cost for new construction, the addition or the alteration): 6. Project Status: Please check the phase of construction that best describes your project at the time of this applica- tion. Describe status. [ ] Under Design [ ] Under Construction* [ ] In Plan Review [ ] Completed* * Briefly explain why the request has now been referred to the Commission. 11.116 Revised November, 2001 FLORIDA BUILDING CODe - BUILDING ) 3. Please check one of the following: [ ] New construction. [ ] Addition to a building or facility. [ ] Alteration to an existing building or facility. . [ ] Historical preservation (addition). [ ] Historical preservation (alteration). 4. Type of facility. Please describe the building (square footage, number of floors). Define the use of the building (Le., restaurant, office, retail, recreation, hotel/motel, etc.) 5. Project Construction Cost (Provide cost for new construction, the addition or the alteration): ) 6. Project Status: Please check the phase of construction that best describes your project at the time of this applica- tion. Describe status. [ ] Under Design [ ] Under Construction* [ ] In Plan Review [ ] Completed* * Briefly explain why the request has now been referred to the Commission. 11.116 Revised November, 2001 FLORIDA BUILDING CODE - BUILDING 7. Requirements requested to be waived. Please reference the applicable section of Florida law. Only Florida-spe- cific accessibility requirements may be waived. Issue 1: Issue 2: Issue 3: 8. Reason(s) for Waiver Request: The Florida Building Commission may grant waivers of Florida-specific acces- sibility requirements upon a determination of unnecessary, unreasonable or extreme hardship. Please describe how this project meets the following hardship criteria. Explain all that would apply for consideration of granting the waiv- er. [ ] The hardship is caused by a condition or set of conditions affecting the owner which does not affect owners in general. [ ] Substantial financial costs will be incurred by the owner if the waiver is denied. [ ] The owner has made a diligent investigation into the costs of compliance with the code, but cannot find an effi- cient mode of compliance. Provide detailed cost estimates and, where appropriate, photographs. Cost estimates must include bids and quotes. FLORIDA BUILDING CODE. BUILDING Revised November, 2001 11.117 9. Provide documented cost estimates for each portion of the waiver request and identify any additional sup- porting data which may affect the cost estimates. For example, for vertical accessibility, the lowest documented cost of an elevator, ramp, lift or other method of providing vertical accessibility should be provided, documented by quotations or bids from at least two vendors or contractors. a. b. c. 10. Licensed Design Professional: Where a licensed design professional has designed the project, his or her com- ments MUST be included and certified by signature and affixing of his or her professional seal. The comments must include the reason(s) why the waiver is necessary. Signature Printed Name Phone number (SEAL) 11.118 Revised November, 2001 FLORIDA BUILDING CODe - BUILDING ) 9. Provide documented cost estimates for each portion of the waiver request and identify any additional sup- porting data which may affect the cost estimates. For example, for vertical accessibility, the lowest documented cost of an elevator, ramp, lift or other method of providing vertical accessibility should be provided, documented by quotations or bids from at least two vendors or contractors. a. b. c. 10. Licensed Design Professional: Where a licensed design professional has designed the project, his or her com- ments MUST be included and certified by signature and affixing of his or her professional seal. The comments must include the reason(s) why the waiver is necessary. ) Signature Printed Name Phone number (SEAL) 11.118 Revised November, 2001 FLORIDA BUILDING CODE - BUILDING "'} CERTIFICATION OF APPLICANT: I hereby swear or affirm that the applicable documents in support of this Request for Waiver are attached for review by the Florida Building Commission and that all statements made in this application are to the best of my knowledge true and correct. Dated this day of ,20 Signature Printed Name By signing this application, the applicant represents that the information in it is true, accurate and complete. If the applicant misrepresents or omits any material information, the Commission may revoke any order and will notify the building official of the permitting jurisdiction. Providing false information to the Commission is punishable as a misdemeanor under Section 775.083, Florida Statutes. ) FLORIDA BUILDING CODE - BUILDING Revised November, 2001 11.119 Form No.: 2001-02, Page 2 of 2 Certification of Applicant for Replicated Designs to be Placed on Consent Agenda Note: This form is to be used only for cases in which design documents are duplicates of previously approved waivers and the project can be placed on a Consent Agenda pursuant to Rule 9B-7 .003(3), Florida Administrative Code. I, , am applying for placement on the Consent Agenda pursuant to Rule 9B-7.003(3), Florida Administrative Code. I (check one of the following and complete blanks): o am the owner of this Project (name of project) and was the owner of the project known as o am the franchisee of this Project (name of project) am under the same franchiser (name of franchiser) who was the franchiser of the project known as o am the licensee of this Project (name of project) am under the same licensor (name of licensor) who was the licensor of the project known as for which the majority of the Accessibility Advisory Council recommended approval, and the Florida Building Commission granted a waiver of one or more accessibility requirements in Final Order No. I hereby swear or affirm that the above information to the best of my knowledge is true and correct. Dated this day of ,20 Signature Printed Name Providing false information to the Florida Building Commission is punishable as a misdemeanor under Section 775.083, Florida Statutes. 11.122 Revised November, 2001 FLORIDA BUILDING CODE. BUILDING "....,_.~"~<-_._."..,~,--,~~~~.-.,.---.-.......~-_.,.-. ,_'_~><'. _ ."...._." .._,,o._.____,..,.__..'_____~,._.. __r"_~_ ~.~., .. ""C ~.. .,,~._,,_......w..,_,~_,'~.~__...,~=_._.~._.~,__.,.,.~_~~~___"~. __',' _."~.,.- ,...,--~--'"----~-~"~,._-,~"",~<-,.._..,,..~--,-,._- (1 , , Form No.: 2001-02, Page 2 of 2 Certification of Applicant for Replicated Designs to be Placed on Consent Agenda Note: This form is to be used only for cases in which design documents are duplicates of previously approved waivers and the project can be placed on a Consent Agenda pursuant to Rule 9B-7 .003(3), Florida Administrative Code. I, , am applying for placement on the Consent Agenda pursuant to Rule 9B-7.003(3), Florida Administrative Code. I (check one of the following and complete blanks): o am the owner of this Project (name of project) and was the owner of the project known as o am the franchisee of this Project (name of project) am under the same franchiser (name of franchiser) who was the franchiser of the project known as o am the licensee of this Project (name of project) I am under the same licensor (name of licensor) who was the licensor of the project known as for which the majority of the Accessibility Advisory Council recommended approval, and the Florida Building Commission granted a waiver of one or more accessibility requirements in Final Order No. I hereby swear or affirm that the above information to the best of my knowledge is true and correct. Dated this day of ,20 Signature Printed Name Providing false information to the Florida Building Commission is punishable as a misdemeanor under Section 775.083, Florida Statutes. 11.122 Revised November, 2001 FLORIDA BUILDING CODE - BUILDING Form No.: 1997-04, Page 2 of 2 Certification of Applicant for Replicated Designs to be Placed on Consent Agenda Note: This form to be used only for cases where design documents are duplicates of previously approved waivers and the project can be placed on a Consent Agenda, per Rule 9B-7.003.(3). I, , am applying for placement on the Consent Agenda per Rule 9B- 7.003(3)(c). I (check one of the following and complete blanks): o am the owner of this Project (name of project) and was the owner of the project known as o am the franchisee of the Project (name of project) am under the same franchiser (name of franchiser) who was the franchiser of the project known as o am the licensee of this Project (name of project) am under the same licensor (name of licensor) who was the licensor of the project known as for which the majority of the Accessibility Advisory Council recommended approval, and the Florida Building Commission granted a waiver of one or more requirements of the Florida Accessibility Code for Building Construction (the "code"), in Final Order No. I hereby swear or affirm that the above information to the best of my knowledge is true and correct. Dated this day of ,20 Signature Printed Name Providing false information to the Commission is punishable as a misdemeanor under~ 0775.083, Florida Statutes. FLORIDA BUILDING CODE - BUILDING 11.123 FLORIDA ADMINISTRATIVE CODE CHAPTER 9B-7 FLORIDA BUILDING COMMISSION - HANDI- CAPPED ACCESSIBILITY STANDARDS 9B-7.00 I 9B-7.002 9B-7.003 9B-7.004 Purpose. (Repealed) Definitions. (Repealed) Procedures. Prerequisites for Consideration of Waiver Requests. (Repealed) Guidelines for Accessible Automated Teller Machines and Fare Vending Machines (Repealed) Florida Accessibility Code for Building Construction. Criteria for Granting of Waiver. (Repealed) Filing of Requests. (Repealed) 9B-7.0041 9B-7.0042 9B-7.005 9B-7.006 9B-7.003 Procedures. (1) All applications for a waiver or modification of the requirements of the Act or the Code shall be filed on the Request for Waiver, Forms No. 1997-03 and 1997-04, which the Commission hereby incorporates by reference, effective October 1, 1997. Copies of Forms No. 1997-03 and 1997-04 are available by writing to the Codes and Standards Section, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Upon certifica- tion from an applicant that all information requested by these rules has been furnished the request will be scheduled for consideration at the Commission's next scheduled meeting provided that at least 14 days notice can be given to the mem- bers of the Advisory Council. (2) All Requests shall be prepared in accordance with the instructions on Form 1997-03, but the Commission may waive a requirement in the instructions if the Commission finds the requirement unnecessary to the consideration of the Request. A Request shall be for one Project only, and no Request shall be considered by the Commission unless it shall have first been reviewed by the Council. (3) The Commission and the Council may delegate to staff the authority to review an application and place it on a consent agenda only in the following circumstances: (a) A majority of the Council has recommended approval of a waiver application accompanied by a particular set of design documents; (b) The Commission has ordered a waiver based on the same set of design documents; and (c) The Project for which application for a waiver is made is: 1. Owned by the same owner, franchised by the same franchiser, or licensed by the same licensor as the project pre- viously approved by the Commission; 11.124 2. To be built according to the same set of design documents previously approved by the Commission; and 3. The design documents described in 2. above have been certified by the architect of record using Form No. 1997-04, which the Commission hereby incorporates by ref- erence, effective October 1, 1997. Copies of Form No. 1997- 04 are available by writing to the Codes and Standards Section, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100; and (d) The delegation has been entered in the minutes of the meetings of the Commission and of the Council. The Commission may, upon the request of any Commission member, remove an application from the consent agenda. If an application is removed from the consent agenda, it shall be placed on the agenda for hearing in sequence that day. (4) At its meetings, the Council shall consider all Requests, and shall prepare a recommendation for the Commission on each Request. The recommendation may be for approval, approval for a specified time, approval with a specified condition, or disapproval. If the Council finds that the Request does not give it sufficient information to make a recommendation, it may also recommend that the Commission defer action on the Request until such informa- tion is furnished. In the absence of a quorum, individual members of the Council may present recommendations to the Commission. (5) At the meeting of the Commission, the Chairman of the Councilor his designee shall present the recommenda- tions of the Council of each Request. At its discretion, the Commission may hear any argument in support of or opposi- tion to any Request and it may at its discretion vote upon more than one Request together. In acting upon a Request, at its discretion the Commission may wholly or partly agree or disagree with the recommendation of the Council, and may approve any Request, may approve it for a specified time, may approve it with a specified condition, may disapprove it, or may defer it for additional information. (6) The Commission may waive one or more require- ments of the Act or the Code if it finds that compliance with the literal requirements will cause an unnecessary or extreme hardship. A waiver or denial of a waiver shall be applicable only to the project in the Request, and no waiver shall stand as precedent for any other project or projects. In order for the Commission to find an unnecessary or extreme hardship, the owner of the project must show the following: (a) That the hardship is caused by a condition or set of conditions affecting the owner which does not affect owners in general. (b) That substantial financial costs will be incurred by the owner if the waiver is denied. (c) That the owner has made a diligent investigation into the costs of compliance with the Code, but cannot find an efficient mode of compliance. FLORIDA BUILDING CODE - BUILDING