Department of Business and Professional Regulation
FLORIDA BUILDING COMMISSION
1940 North Monroe Street
Tallahassee, Florida 32399-0772
Form FBC 2012-01
Request for Waiver
NOTICE TO WAIVER APPLICANTS
Please make certain you comply with
the following:
The person submitting the waiver
request application as the Applicant MUST complete all fields
in 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 and
the Florida Accessibility Council, the more informed its decisions can be.
If you are claiming financial hardship, please specify why and to what
degree. Two estimates substantiating a claim for disproportionate cost
must be included.
Petitioners are strongly advised to participate in the
Council’s conference call, webinar or onsite meeting for application
review. Sometimes pertinent facts are inadvertently omitted, or
information provided/presented in the Request for Waiver application is
not clear. Your participation in the meetings to answer questions 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 is
a List of Required Information and the Request for Waiver
application.
If you have any questions or would like additional information, please call the
Office of Codes and Standards at (850) 487-1824.
This application is available in
alternate formats upon request. LIST OF REQUIRED INFORMATION
_______ 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 if pertinent to the application
b. Building/project sections (if necessary to assist in understanding the
waiver request) d. Enlarged floor plan(s) of the area in question
_______ When substantial financial cost of compliance
is alleged, supporting cost estimates with quotes from at least two
vendors or contractors and catalog information.
_______ If you feel
photographs and/or renderings are necessary for your presentation, provide
legible color copies of the photographs and/or renderings with the
application and plans in pdf format.
General Information:
a. Verbal Descriptions:
Presentations may be to sight or hearing impaired persons; visual presentations
should consider 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. where you will have another opportunity to answer questions
and /or 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.
REQUEST FOR WAIVER FROM ACCESSIBILITY REQUIREMENTS OF
CHAPTER 553, PART II, 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 presentation, 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.
Please correct the following issues:
1. Name and address of project for which the waiver is requested:
Name:
Street:
City:
Zip Code:
State:
Jurisdiction:
Local Building Department Contact Information
Contact Name:
Street:
City:
Zip Code:
State:
Email:
Phone:
Applicant Information:
2.
Name of Applicant. If other than the owner, please indicate relationship of
applicant to owner in space provided:
Please
correct the following issues:
First Name:
Last Name:
Street:
City:
State:
Zip code:
Phone:
Fax:
Email:
Relationship to owner:
Owner Information:
3.
Please enter the owner information below. If the owner and the applicant are
not the same person, please upload a written authorization by owner in space
provided:
Please correct the following issues:
Please
check if applicant is also the owner.
Owner First Name:
Owner Last Name:
Street:
City:
State:
Zip code:
Phone:
Fax:
Email:
Written
Authorization:
Uploading file...
Project and Facility Type:
Please correct the following issues:
4.
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)
5.
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.)
Restaurant
Office
Retail
Recreation
Hotel/Motel
Other
# of Floors:
Square Feet:
Description: This is a 2 story building, built in 1963.It has 6922 Square Feet evenly divided
between the two floors.Currently on the
first floor, there is a medical clinic called “Clinicare” and on the second
floor, there is a Martial Arts gym
Construction Cost:
Please correct the following issues:
6.
Project Construction Cost (Provide cost for new construction, the addition, or
the alteration):
Summary: Actually there are no alterations proposed.We are seeking to close the freight
elevator.The building was originally
built by and for the use of a funeral home.The funeral home had coffins for sale and an embalming room on the
second floor, and a chapel and viewing rooms on the first level.For this purpose, they had installed a long
freight elevator to transport only the coffins and dead bodies upstairs for
preparations.The freight elevator has
never been used by the public.In
addition, the freight elevator is located in the back area of the building,
away from the area used by the public.This
freight elevator for moving dead bodies and coffins is the only elevator that
this building has ever had.This
two-story building has never had an elevator for the public’s use.
8.
Project Status: Please check the phase of construction that best
describes your project at the time of this application. Describe status.
Under
Design
Under
Construction
In
Plan Review
Completed
*Briefly explain why the request has now been referred to the Commission.
We
are not constructing ANYTHING.there was no choice to reflect "existing
condition".
Requirements to be Waived.
Please correct the following issues:
9.
Requirements requested to be waived. Please reference the applicable
section of Florida law. Only Florida-specific accessibility requirements may be
waived.
Issue 1: Florida-specific
hotel/motel rooms Minimum
height in parking structures Accessible
parking
Door
opening pressure Vertical
accessibility Toilet
rooms
Private
Other
Description:Requesting permission to close down
existing elevator that is not in use.
Issue
2:
Florida-specific
hotel/motel rooms Minimum
height in parking structures Accessible
parking
Door
opening pressure Vertical
accessibility Toilet
rooms
Private
Other
Description: Issue
3: Florida-specific
hotel/motel rooms Minimum
height in parking structures Accessible
parking
Door
opening pressure Vertical
accessibility Toilet
rooms
Private
Other
Description:
Grounds for waiver.
Please
correct the following issues:
10.
Grounds for Waiver: The Florida Building Commission may grant waivers of
Florida-specific accessibility 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 waiver.
NOTE:**Please select atleast one checkbox below.
The
hardship is caused by a condition or set of conditions affecting the owner
which does not affect owners in general. Description:
We
purchased this building in 2004.For the
first five years, the building was vacant, and we were not able to lease it out
as it was old and needed many updates.We finally found a tenant for the first floor alone, and they updated
the space and signed a long term lease.Their rent is $2,900/month. The second floor was harder to rent because
tenants seeking permits and occupational license were required to comply with
the elevator issues, however, it was not financial feasible for anyone to do
that.The City of Miami Beach agreed to
allow the current tenant operate their business as long as we seek a waiver and
shut down the elevator. The tenant upstairs pays a rent of $3,800/month.The total annual income from the building is
$80,400.**additional explanation on the attached
waiver
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 efficient mode of compliance. Provide detailed cost
estimates and, where appropriate, photographs. Cost estimates must include bids
and quotes. Description:
If waiver is denied we will have to
spend a minimum of $80,000 plus a monthly maintenance contract for a freight
elevator designed for transporting dead bodies and coffins that the public has
never used, that no one from the public has ever asked to use and is located in
the back of the building away from the area of the building used by the public.
Historic
Building on which compliance with the requirements for accessibility is not
feasible while maintaining historically significant features.
Please
provide documentation of the designation of the building as historically
significant.
Uploading file...
Licensed Design Professional
Comments.
11.
Licensed Design Professional: Where a licensed design professional has
designed the project, his or her comments including his or her signature and
professional seal MUST be uploaded.
Please correct the following issues:
These
is no design professional is engaged on the project
Comments:we uploaded a file that shows the
building's existing plan as we are not constructing or modifying anything.
Design
Professional First Name: Design
Professional Last Name: Street
Address: City:
State:
Zip: Email
Address: Phone:
Additional Documentation.
12.
Upload Additional Documentation: Please upload any documentation such as
plans, photographs and anything that will assist the Council and the Commission
to determine the appropriate resolution of your request.