Florida Building Commission

Plenary Session

April 8-9, 2013

World Golf Village

Renaissance Hotel
500 South Legacy Trail
St. Augustine, Florida 32092

 

LEGAL REPORT

 

 

DS 2013 – 001 by Ken Rich

Question 1:

To the question” : Since the stair design as shown in Diagram A, meets the guidelines of the Florida Building Code Sections R311.7.1 through R311.7.8 is it also required, in addition, to meet Florida Building Code, Residential, Section R311.7.9.3 of which, by definition, it is not. ”,

Answer: No. Section R311.7.9.3 of the Florida Building Code, Residential is an incomplete provision which provides for no requirement that would have any bearing on the project in question.  Note: This answer should not be construed as an approval for the stair design indicated in Diagram ‘A’ of the DEC Statement.

 

DS 2013-011 by Robert Fine

Question #1:  Are the areas of the apartment buildings and developments in projects that will be permitted and constructed by Petitioners in Florida, that are intended solely for the use of residents and their guests (including dwelling units and common use areas), that are not subject to Section 504 of the Rehabilitation Act (programs receiving federal financial assistance) and are not subject to Title II of the Americans with Disabilities Act (State and Local Government Services), subject to the Accessibility Code except for the requirement set forth in Section 553.504(2), Florida Statutes, as provided for in Section 101.1.3 and 201.1 of the Accessibility Code?

No. Pursuant to Section 553.507 (1-2), Florida Statutes, multifamily residential dwellings such as rental apartments and residential condominiums (and their associated common use areas) that are not the recipients of government financial assistance or sponsorship (federal, state or local), are not subject to the Accessibility Code, with the exception of Section 553.504(2), unless they are places of public accommodation or commercial facilities. An exception to this would be discrete areas contained within multifamily residential dwellings that fall within the definitions of "place of public accommodation" or "commercial facilities," such as a leasing or sales office and the restrooms and parking that support it (and the accessible route that connects these elements), such areas would be subject to the Accessibility Code unless otherwise exempted by the Accessibility Code.

Question #2:  Are swimming pool that are part of common use areas of the apartment buildings and developments in the projects that Petitioners will be permitting and constructing, that are intended solely for the use of residents and their guests (and not otherwise available to the general public) and which are not the recipients of governmental financial assistance or sponsor ship, subject to the Accessibility Code because Section 424.1 classifies them as “public swimming pools” or any other reason?

No. The technical requirements of Section 424, Swimming Pools and Bathing Places (Public and Private), including the definition of "public swimming pools" or "public pools" of the 2010 Florida Building Code, Building are standalone/independent provisions which have no bearing on technical scope of the 2010 Florida Building Code, Accessibility. Further, according to the "Questions and Answers: Accessibility Requirements for Existing Swimming Pools at Hotels and Other Public Accommodation" as published by the U.S. Department of Justice (which may be relied upon pursuant to Section 553.503, Florida Statutes), the answer to the subject in question is as follows:

"Community pools that are associated with a private residential community and are limited to the exclusive use of residents and their guests are not covered by the ADA accessibility requirements. On the other hand, if a swimming pool/club located in a residential community is made available to the public for rental or use, it is covered under Title III of the ADA. If a community pool is owned or operated by a state or local government entity, it is covered by Title II of the ADA, which requires "program accessibility." See http://www.ada.gov/pools2010.htm. "

DS2013-013 by Robert Lorenzo

 

Question: Can storage sheds that are not designed for human habitation and have a floor area of 720 square feet (67m2) and built by an approved manufacturer in the Manufactured Building Program be inspected as finished buildings in the yard for shipping.

Answer: No. For the subject in question, storage sheds that fall within the 20 percent of those storage sheds that are required to be inspected as per Section 428.3.2.1 are required to be fully inspected during the manufacturing process.