Final
Recommendations of the Florida Building Commission
February
1, 2011
Recommended
Revisions to Florida Law to Conform Requirements With
the Format and Terminology of the 2010 ADA Standards for Accessible Design; to
Resolve Possible Not-Equivalent Standards; to Eliminate Redundant and
Non-essential Requirements; and to Enhance Certain Requirements for
Accessibility
553.501
Short title.—Sections 553.501-553.513 may be cited as
the "Florida Americans With Disabilities
Accessibility Implementation Act."
553.502 Intent.--The purpose and intent of ss. 553.501-553.513
is to incorporate 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 Americans with Disabilities Act Standards
for Accessible Design shall be maintained to assure certification of the
state's construction standards and codes. Nothing in ss. 553.501-553.513 is
intended to expand or diminish the defenses available to a place of public
accommodation or commercial facility under the Americans with
Disabilities Act and the federal Americans with Disabilities Act Accessibility Guidelines
Standards for Accessible Design, including, but not limited to, the
readily achievable standard, and the standards applicable to alterations to
places of public accommodation private buildings or facilities
as defined by the Standards.
553.503 Adoption of guidelines ADA
Standards for Accessible Design.--
Subject to the exceptions in s.553.504 modifications of this part,
the federal Americans with Disabilities Act Accessibility Guidelines Standards
for Accessible Design (the standards), and
associated requirements as
adopted by reference in established by 28 C.F.R. 36,, subparts A and
D, and Title II of Public. L. No. 101-336
28 C.F.R. 35 and 49 C.F.R. 37 are hereby
adopted and incorporated by reference as the law of this state. The guidelines
requirements of this part shall establish the minimum standards for the
accessibility of buildings and facilities built or altered within this state.
The 1997 requirements
of this part establish the Florida Accessibility Code for Building
Construction and must be adopted by the Florida Building Commission in
accordance with chapter 120.
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553.504 Exceptions to applicability of the guidelines standards.--Notwithstanding
the adoption of the Americans with Disabilities Act Accessibility Guidelines
Standards for Accessible Design pursuant to in s. 553.503 all
buildings, structures, and facilities in this state shall meet the following
additional requirements when they provide increased accessibility:
(1) All
new or altered public buildings and facilities, private buildings and
facilities, and places of public accommodation and commercial facilities as
defined in the standards subject ss. 553.501-553.513 to and the
standards 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, condominiums, and townhouses
shall provide at least one bathroom, located with maximum possible privacy,
where bathrooms 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 buildings 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 4.8.5.2 505.10.1 of the guidelines
standards, 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.
(63) Notwithstanding
the requirements in reference 4.13.11 section 404.2.9 of the guidelines standards, 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 requirements for
exterior doors are as follows: Exterior hinged doors: 8.5 lbf maximum.
(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
consumption 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 first 100 fixed seats, accessible and usable spaces must be provided
consistent with the following table:
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(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 fixed
seating in public food service establishments, and 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 fixed 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.
(94) 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 standards
shall provide the following special accessibility features:
(a) Grab
rails in bathrooms and toilet rooms that comply with s. 4.16.4604.5 of
the guidelines standards.
(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 finished floor to the top of the seat, with a variation of
plus or minus 1/2 inch. A portable
or attached raised toilet seat shall be provided in all designated handicapped
accessible rooms
Water closets shall comply with 604.4 of the standards.
All buildings, structures, or facilities licensed as a hotel, motel, or
condominium pursuant to chapter 509, F.S., shall be subject to the
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 sections 224 and 806 of the guidelines standards.
(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.
(125) Notwithstanding
the requirements in references 4.1.3(11) and 4.16-4.23 sections 213
and 604 of the guidelines standards, required restrooms bathing
rooms and toilet rooms in new construction shall be designed and
constructed in accordance with the following requirements:
(a) The
standard accessible restroom stall toilet compartment 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 section 604 of the standards
for the standard accessible stall toilet compartment and to
comply with s. 4.19 section 606 of the guidelines standards.
Such lavatories shall be counted as part of the required fixture count for the
building.
(b) The
accessible toilet compartment 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 standards to be
handicapped accessible shall have at least 32 inches of clear passage.
(14) Turnstiles shall not be used
in occupancies which serve fewer than 100 persons, but turnstiles may be used
in occupancies which serve at least 100 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 standards.
(156) Barriers at common
or emergency entrances and exits of business establishments conducting business
with the general 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.
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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 Standards
for Accessible Design, including, but not limited to, the readily
achievable standard, and the standards applicable to alterations to places of
public accommodation and commercial facilities. 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)Standards for Accessible Design (the standards), and
associated requirements as adopted by reference in established by 28
C.F.R. 36, subparts A and D, and Title II of Public. L. No. 101-336 28
C.F.R. 35, and 49 C.F.R.
37 provide increased accessibility, those requirements are adopted and
incorporated by reference as the law of this state.
(2) State agencies and political
subdivisions having jurisdiction 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 Designated
accessible 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 permit 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 the standards s. 4.1 section
208 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, including, 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 agencies 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 parking spaces and loading zones must be
designed and located in conformance with the guidelines set forth in ADAAG standards
ss. 4.1.2 and 4.6 sections 502 and 503 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. Exception – Users shall be allowed to go behind
their own vehicle.
(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 disabilities, if the lot or area is located on
the shortest safely accessible route to an accessible entrance to the
theme park or entertainment 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 permits 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 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 notwithstanding, 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 the standards sections 208 and 502.
(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 4.6.5standards
sections 208 and 502, 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 the standards sections 208 and 502.
(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.F.R. 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 appropriate 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 feasible, the facility may provide
parking spaces at alternative locations for persons who have disabilities and
provide appropriate 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 unnecessarily 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 striped consistent with standards of the
controlling jurisdiction for other
spaces and also 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 a minimum of 60 inches above the finished floor or ground
surface measured to the bottom of the sign and which bears the international symbol of accessibility
meeting the requirements of ADAAG s. 4.30.7 the standards section
703.7.2.1 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 defined 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. 4.30the
standards reference 502.6.
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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.
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553.506 Powers of the commission.--In addition to
any other authority vested in the Florida Building Commission by law, the
commission, in implementing ss. 553.501-553.513, may, by rule, adopt revised
and updated versions of the Americans with Disabilities Act Accessibility
Guidelines Standards for Accessible Design pursuant to this Part in accordance with chapter 120.
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553.507
Exemptions Applicability.—
Sections 553.501-553.513 do not and the code shall apply
to any of the following:
(1) All areas of newly designed
and newly constructed Bbuildings, structures, or
and facilities that were either under construction or under contract
for construction on October 1, 1997 as determined by the federal
standards adopted pursuant to s.553.503 and established by this part.
(2) Portions of altered buildings
and facilities as determined by the federal standards adopted pursuant to
s.553.503 and established by this part. Buildings, structures, or
facilities that were in existence on October 1, 1997, unless:
(a)(3) AThe building, structure, or facility that is being
converted from residential to nonresidential or mixed use, as defined by
the Florida Building Code shall comply as a minimum with s.553.508 and the
requirements for alterations as determined by the federal standards adopted
pursuant to s.553.503 and established by this part. 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)(4) Buildings and facilities where Tthe original construction or any former alteration or renovation
of the building, structure, or facility was carried out in violation of
applicable permitting law.
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553.508 Architectural barrier removal.--Removal of
architectural barriers, pursuant to 28 C.F.R. s. 36.304, from buildings,
structures, or facilities to which this act applies shall comply with ss.
553.501-553.513 unless compliance would render the removal not readily
achievable. In no 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.
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553.509 Vertical accessibility.--
(1) Nothing
in ss. 553.501-553.513 or the guidelines standards 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 occupiable grade level, regardless of whether the guidelines
standards require an elevator to be installed in such building,
structure, or facility, except for:
(a) Elevator
pits, elevator penthouses, mechanical rooms, piping or equipment catwalks, and
automobile lubrication and maintenance pits and platforms;
(b) 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
(c) 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.
(d) Theaters, concert halls and stadiums, or other
large assembly areas with stadium style seating or tiered seating, provided
Sections 221 and 802 of the 2010 standards are provided
(e)
All play and recreation areas, provided the 2010
standards Chapter 10 requirements are met.
(f) All employee areas as
exempted in 2010 standards Section 208.2.8.203.9.
(g)
Facilities, sites and spaces exempted by section 203 of the standards.
(2)(a) Any person, firm, or
corporation that owns, manages, or operates a residential multifamily dwelling,
including a condominium, that is at least 75 feet high and contains a public
elevator, as described in s. 399.035(2) and (3) and rules adopted by the
Florida Building Commission, shall have at least one public elevator that is
capable of operating on an alternate power source for emergency purposes.
Alternate power shall be available for the purpose of allowing all residents
access for a specified number of hours each day over a 5-day period following a
natural disaster, manmade disaster, emergency, or other civil disturbance that
disrupts the normal supply of electricity. The alternate power source that
controls elevator operations must also be capable of powering any connected
fire alarm system in the building.
(b) At
a minimum, the elevator must be appropriately prewired and prepared to accept
an alternate power source and must have a connection on the line side of the
main disconnect, pursuant to National Electric Code Handbook, Article 700. In
addition to the required power source for the elevator and connected fire alarm
system in the building, the alternate power supply must be sufficient to
provide emergency lighting to the interior lobbies, hallways, and other
portions of the building used by the public. Residential multifamily dwellings
must have an available generator and fuel source on the property or have proof
of a current contract posted in the elevator machine room or other place
conspicuous to the elevator inspector affirming a current guaranteed service
contract for such equipment and fuel source to operate the elevator on an
on-call basis within 24 hours after a request. By December 31, 2006, any
person, firm or corporation that owns, manages, or operates a residential
multifamily dwelling as defined in paragraph (a) must provide to the local
building inspection agency verification of engineering plans for residential
multifamily dwellings that provide for the capability to generate power by
alternate means. Compliance with installation requirements and operational
capability requirements must be verified by local building inspectors and
reported to the county emergency management agency by December 31, 2007.
(c) Each
newly constructed residential multifamily dwelling, including a condominium,
that is at least 75 feet high and contains a public elevator, as described in
s. 399.035(2) and (3) and rules adopted by the Florida Building Commission,
must have at least one public elevator that is capable of operating on an
alternate power source for the purpose of allowing all residents access for a
specified number of hours each day over a 5-day period following a natural
disaster, manmade disaster, emergency, or other civil disturbance that disrupts
the normal supply of electricity. The alternate power source that controls
elevator operations must be capable of powering any connected fire alarm system
in the building. In addition to the required power source for the elevator and
connected fire alarm system, the alternate power supply must be sufficient to
provide emergency lighting to the interior lobbies, hallways, and other
portions of the building used by the public. Engineering plans and verification
of operational capability must be provided by the local building inspector to
the county emergency management agency before occupancy of the newly
constructed building.
(d) Each
person, firm, or corporation that is required to maintain an alternate power
source under this subsection shall maintain a written emergency operations plan
that details the sequence of operations before, during, and after a natural or
manmade disaster or other emergency situation. The plan must include, at a
minimum, a lifesafety plan for evacuation, maintenance of the electrical and
lighting supply, and provisions for the health, safety, and welfare of the
residents. In addition, the owner, manager, or operator of the residential
multifamily dwelling must keep written records of any contracts for alternative
power generation equipment. Also, quarterly inspection records of lifesafety
equipment and alternate power generation equipment must be posted in the
elevator machine room or other place conspicuous to the elevator inspector,
which confirm that such equipment is properly maintained and in good working
condition, and copies of contracts for alternate power generation equipment
shall be maintained on site for verification. The written emergency operations
plan and inspection records shall also be open for periodic inspection by local
and state government agencies as deemed necessary. The owner or operator must
keep a generator key in a lockbox posted at or near any installed generator
unit.
(e) Multistory affordable
residential dwellings for persons age 62 and older that are financed or insured
by the United States Department of Housing and Urban Development must make
every effort to obtain grant funding from the Federal Government or the Florida
Housing Finance Corporation to comply with this subsection. If an owner of such
a residential dwelling cannot comply with the requirements of this subsection,
the owner must develop a plan with the local emergency management agency to
ensure that residents are evacuated to a place of safety in the event of a
power outage resulting from a natural or manmade disaster or other emergency
situation that disrupts the normal supply of electricity for an extended period
of time. A place of safety may include, but is not limited to, relocation to an
alternative site within the building or evacuation to a local shelter.
(f) As a part of the annual
elevator inspection required under s. 399.061, certified elevator inspectors
shall confirm that all installed generators required by this chapter are in
working order, have current inspection records posted in the elevator machine
room or other place conspicuous to the elevator inspector, and that the
required generator key is present in the lockbox posted at or near the
installed generator. If a building does not have an installed generator, the
inspector shall confirm that the appropriate prewiring and switching
capabilities are present and that a statement is posted in the elevator machine
room or other place conspicuous to the elevator inspector affirming a current
guaranteed contract exists for contingent services for alternate power is
current for the operating period. However,
buildings, structures, and facilities must, as a minimum, comply with the
requirements in the Americans with Disabilities Act Accessibility Guidelines Standards
for Accessible Design.
History.--s. 1, ch. 93-183;
s. 6, ch. 97-76; s. 12, ch. 2006-71.
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553.511
Parking facilities; minimum height clearance requirement.--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.
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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
hardship, provided such waivers shall not violate federal accessibility 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.F.R. 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
ordinances that prevent compliance therewith. Further, the commission 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
representative 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 modification 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 compensation, 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.
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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 standards 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
provisions of this act.
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