Notice of Proposed Rule

 

DEPARTMENT OF COMMUNITY AFFAIRS

Division of Housing and Community Development

RULE NO: RULE TITLE

9B-7.0042: Florida Accessibility Code for Building Construction

PURPOSE AND EFFECT: : The Florida Building Commission’s staff has discovered a formatting glitch that impacts the rule as it appears in the Florida Administrative Code relative to the Notice of Proposed Change published on November 16, 2007, and one instance in which the width of the accessible route needs to be specifically identified. This rule amendment will address those limited issues.

SUMMARY:  The revised rule is reformatted to specifically integrate text included in the Notice of Change referred to above in a new subparagraph, and a new subparagraph is included amending the Accessibility Code for Building Construction specifically referencing the 44 inch width required for an accessible route.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 553.512(1) FS.

LAW IMPLEMENTED: 553.512(1) FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: March 19, 2008, 8:30 a.m., or as soon thereafter as the matter comes before the Commission in accordance with its agenda

PLACE:  Embassy Suites Hotel, 3075 Spectrum Boulevard, Tampa, Florida 33612

Any person requiring special accommodations at the hearing because of a disability or physical impairment should contact: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)487-1824, at least seven days before the date of the workshop. If you are hearing or speech impaired, please contact the Department of Community Affairs using the Florida Dual Party Relay System, which can be reached at 1(800)955-8770 (voice) or 1(800)955-9771 (TDD).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ila Jones, Community Program Administrator, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)487-1824

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

9B-7.0042 Florida Accessibility Code for Building Construction.

(1)  The 1997 Florida Accessibility Code for Building Construction (the Code) is adopted by reference as the rule of this Commission, effective October 1, 1997. The 2001 and 2004 revisions to the Code are herein incorporated into this rule by reference and shall take effect on the effective date of this rule. Copies of the Code and the 2001 and 2004 revisions are available by writing to the Codes and Standards Section, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.

(2)  The Code is amended, and such amendments shall be integrated into the Florida Building Code, as follows:

(a)  A second exception is added to section 4.3.3 providing that all spaces must be located on an accessible route no less than 44 inches (1118 mm)wide so that users will not be compelled to walk or wheel behind parked vehicles.

(b)  The first paragraph of Section 4.6.4 is amended to read:

“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,ADAAG s. 4.30.7 and the caption "PARKING BY DISABLED PERMIT ONLY". Such sign erected after October 1, 1996, must indicate the penalty for illegal use of the space.”

There shaded text that comprises the balance of Section 4.6.4 shall remain as currently adopted.  

 

Specific Authority 553.503 FS. Law Implemented 553.503 FS. History–New 9-14-97, Amended 10-31-99, 1-20-02, 1-20-08, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ila Jones, Community Program Administrator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)487-1824

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Janice Browning, Director, Division of Housing and Community Development, Department of Community Affairs

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: