Florida Building Commission

Accessibility Technical Advisory Committee

Concurrent with

Swimming Pool Technical Advisory Committee

Meeting Minutes

March 29, 2013


Meeting Location:  Codes and Standards Office, Tallahassee, Florida Via Teleconference 


TAC/POC Members and Objectives

TAC Members Present: Jeffery Gross, Chairman; Brad Schiffer, Jack Humburg, Sharon Mignardi, Bob Gerwe, Barbara Page, James Woolyhand, Larry M. Schneider

TAC Members not Present: Bemmie Eustace

Staff Present: Mo Madani, April Hammonds, Mark-Kathryn Smith

Facilitator: Kenneth Cureton

Ř Objectives: Consider and provide recommendation on Declaratory Statement DS 2013-011


Meeting Minutes


Discussion of objectives included the following: 



10:00 AM Welcome and Opening, Roll Call.  A quorum was present.

Mr. Ken Cureton, Facilitator, provided a brief overview of teleconferencing etiquette to alleviate some of the phone issues experienced in the past.


Motion and second to approve agenda for meeting of 3/29/13 with no changes; unanimous approval vote.


Motion and second to approve minutes from meeting of 1/23/13 with no changes; unanimous approval vote.


Consider and provide recommendation on Declaratory Statement DS 2013-011.

Robert Fine, Counsel for the Petitioners Alliance Residential Builders of South Florida / Altis at Coconut Creek, introduced the DEC Statement and provided background information. Mr. Fine provided recommended responses to Questions 1 and 2 for TAC consideration. Mo Madani and April Hammonds presented the Staff Analysis. Larry Schneider motioned to provide an affirmative vote to recommend the Petitioner’s language for responses to questions 1 and 2 as follows:

Petitioner's Suggested Answer to Question #1:

No. Pursuant to Section 553.507 (1-2), FloridaStatutes, 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.


Petitioner's Proposed Answer to Question #2:

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. "


 Brad Schiffer seconded the motion. Vote was called for by the Facilitator and results were unanimous in favor of the motion.


General Public Comment – None


Identify other business - None


Call to Stand Adjourned:  11:10 AM


Staff Contacts: Kenneth H. Cureton, Planning Analyst ken.cureton@dbpr.state.fl.us (850) 921-2282 or Mo Madani, Manager mo.madani@dbpr.state.fl.us