NANCY DANCE STUDIO, INC.

Issue: Vertical accessibility to a mezzanine in a dance studio.

Analysis: The applicant is requesting waiver from providing vertical accessibility to a 2,700 square foot mezzanine in a dance studio undergoing a $219,000 alteration. The current use is retail/storage on the first level, with additional storage on the mezzanine. The applicant proposes to modify the building to provide two large studios on the first floor, with common area and storage and a dance studio and additional common area and storage on the mezzanine. According to the applicant, all services and facilities available are provided on the accessible first floor with duplications on the mezzanine. Estimates of $86,400 and $83,000 were submitted to substantiate costs of installing a lift to the area.

Project Progress:

The project is under design.

Items to be Waived:

Vertical accessibility to the mezzanine, as required by Section 553.509, Florida Statutes.

553.509: Vertical accessibility - Nothing in sections 553.501-553.513 or the guidelines 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 require an elevator to be installed in such building, structure or facility, except for:

(1) Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks and automobile lubrication and maintenance pits and platforms;

(2) 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

(3) 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.

Waiver Criteria: There is no specific guidance for a waiver of this requirement in the code. The Commission’s current rule, authorized in Section 553.512, Florida Statutes, provides criteria for granting waivers and allows consideration of unnecessary or extreme hardship to the applicant if the specific requirements were imposed.