DEC
REQUEST DS 2018-051 STAFF ANALYSIS
ISSUE: DS
2018-051. Petitioner seeks a Declaratory Statement on an interpretation of
Chapter 2 Scoping Requirements, Section 201.1 Scope, Section 201.1.1 Vertical accessibility,
Section 206.2.3 Multi-Story Buildings and Facilities, of the Florida
Building Code 6th Edition (2017) Accessibility.
Petitioner
seeks clarification of the following question:
Does the Florida Accessibility Code - Sections 201.1.1 and 206.2.3 allow
Limited Use / Limited Application Elevators or Platform Lifts installed per
FAC 408 or 410 to meet the requirements for vertical accessibility in buildings
where the ADA does not require vertical accessibility?
Situation/Background:
Petitioner is Clark M. Stranahan of C4 Architecture request a declaratory
statement from the Florida Building Commission for the future two-story Office
building in Seminole County, Florida (see Appendix A). The statement is in
regard to the requirement to use an elevator for vertical accessibility in lieu
of a Limited-Use/ Limited Application Elevator or Platform Lift to achieve
vertical accessibility as required by FAC 201.1.1.
It is our opinion that the
intent of the Florida Accessibility Code is to allow a Limited-Use/ Limited
Application Elevator installed per FAC 408 or a Platform Lift · installed per
FAC 410 in buildings where the ADA would not otherwise require vertical
accessibility for the following reasons:
The ADA does not require
two story buildings that are not a shopping center, shopping mall or the professional
office of a medical provider to have vertical accessibility. FAC Advisory 201.1
Scope states, "Where the ADA Standards do not require an accessible route
to each and every level, the Florida requirement may be waived down to the
requirement of the ADA Standards." See Appendix B. Advisory.”
Section 206.2.3 also
suggests that the Florida requirements may be waived. "Note: the following
advisories on the Exceptions to 206.2.3 are provided for consideration when
waiving Florida Vertical Accessibility requirements down to ADA
Standards". The advisories that follow reference the exceptions in 206.2.3
that are shown as "Reserved." See Appendix C.
In previous versions of
the code, this issue was clear. The 2007 Florida Building Code 11-4.1.3
Exception #1 states "Elevators are not required in facilities that are
less than three stories or that have less than 3,000 square feet per story
unless the building is a shopping center, a shopping mall, or the professional
office of a healthcare provider, or another type of facility as determined by
the U.S. Attorney General." See Appendix D.”
Florida Building Code 6th Edition (2017) Accessibility
CHAPTER
2: SCOPING
REQUIREMENTS
SECTION 201APPLICATION
201.1Scope.
This code establishes standards for accessibility to places
of public accommodation and commercial facilities by
individuals with disabilities. This code shall also apply: to state and local
government facilities pursuant to Section 553.503, F.S.;
to private clubs pursuant to Section 553.505, F.S.; and to residential buildings pursuant
to Section 553.504(2), F.S., and the ADA Standards for Accessible Design. All
new or altered public buildings and facilities, private
buildings and facilities, places of public accommodation and commercial
facilities subject to this code shall comply with this code.
This code applies to: All areas of newly designed and newly
constructed buildings and facilities as
determined by the ADA Standards for Accessible Design; portions of
altered buildings and facilities as
determined by the ADA Standards for Accessible Design; a building or facility that
is being converted from residential to nonresidential or mixed use as defined
by the Florida Building Code where such building or facility must,
at a minimum, comply with s. 553.508, F.S., and the requirements for alterations as
determined by the ADA Standards for Accessible Design; buildings and facilities where
the original construction or any former alteration or
renovation was carried out in violation of applicable permitting law.
201.1.1Vertical
accessibility.
Sections 553.501-553.513, F.S., and the ADA Standards for
Accessible Design do not 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 Standards 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.
(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.
(4)Theaters, concert halls, and stadiums, or other large assembly
areas that have stadium-style seating or tiered seating
if sections 221 and 802 are met.
(5)All
play and recreation areas if the requirements of chapter 10 are met.
(6)All
employee areas as exempted by 203.9.
(7)Facilities, sites and spaces exempted
by section 203.
Buildings, structures and facilities must, at a
minimum, comply with the requirements of the ADA Standards for Accessible
Design.
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Advisory
201.1 Scope. These
requirements are to be applied to all areas of a facility unless exempted, or
where scoping limits the number of multiple elements required to be
accessible. For example, not all medical care patient rooms are required to
be accessible; those that are not required to be accessible are not required
to comply with these requirements. However, common use and public use spaces
such as recovery rooms, examination rooms, and cafeterias are not exempt from
these requirements and must be accessible. |
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Florida vertical accessibility
requires all levels in all new buildings, structures and facilities and
all altered areas of existing buildings, structures and
facilities to be accessible to persons with disabilities. All new and altered
areas must comply with the ADA Standards for Accessible Design including
requirements for accessible routes. Where the ADA Standards do not require an
accessible route to each and every level, the Florida requirement may be
waived down to the requirement of the ADA Standards. |
206.2.3Multi-Story Buildings and Facilities.
At least one accessible route shall connect
each story and mezzanine in multi-story
buildings and facilities.
Notwithstanding the requirements and exceptions of this
section, section 201.1.1 shall apply.
EXCEPTIONS:
1.
1.Reserved.
2.
2.Reserved.
3.
3.Reserved.
4.
4.Reserved.
5.
5.Reserved.
6.
6.Reserved.
7.
7.Reserved.
Note: Conveying systems
such as platform Lifts, Stairway Chairlifts, Limited-use/Limited-Application
Elevators may be used to provide vertical accessibility where the building is
exempt from the ADA requirements for an elevator.
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Advisory 206.2.3 Multi-Story Buildings and Facilities. Spaces and
elements located on a level not required to be served by an accessible route
must fully comply with this code. While a mezzanine may be a change in level,
it is not a story. If an accessible route is required to connect stories
within a building or facility, the accessible route must serve all
mezzanines. |
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Advisory 206.2.3 Multi-Story Buildings and
Facilities Exceptions. |
|
Note: The following Advisories
on the Exceptions to 206.2.3 are provided for consideration when
waiving Florida Vertical Accessibility requirements down to ADA Standards for
Accessible Design. |
|
Advisory 206.2.3 Multi-Story Buildings and
Facilities Exception 1. Note that Exception 1 as
presented in the 2004 ADAAG must also comply with the elevator exemption
criteria of 28 CFR 36.401(d). The elevator exemption is authorized by 28 CFR
36.401(d) and applies only to private entities governed by Title III but not
to public entities governed by Title II and 28 CFR, Part 35. Note also that
28 CFR 36.401(d)(2) and (3) provide specific
criteria expanding on the criteria of Exception 1 that must be considered in
a waiver of Florida vertical accessibility. |
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Advisory 206.2.3 Multi-Story Buildings and
Facilities Exception 2. Note that Exception 2 for
a required accessible route applies to public entities, is not modified by 28
CFR, Part 35 and parallels the exception for vertical accessibility in
s.553.509(1)(c), F.S., and 201.1.1(3). |
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Advisory 206.2.3 Multi-Story Buildings and Facilities
Exception 4. Where common use areas are provided for the use of
residents, it is presumed that all such common use areas “serve” accessible
dwelling units unless use is restricted to residents occupying certain
dwelling units. For example, if all residents are permitted to use all
laundry rooms, then all laundry rooms “serve” accessible dwelling units.
However, if the laundry room on the first floor is restricted to use by
residents on the first floor, and the second floor laundry room is for use by
occupants of the second floor, then first floor accessible units are “served”
only by laundry rooms on the first floor. In this example, an accessible
route is not required to the second floor provided that all accessible units
and all common use areas serving them are on the first floor. 408 LIMITED-USE /
LIMITED-APPLICATION ELEVATORS 408.1 General. Limited-use/limited-application elevators shall comply with 408
and with ASME A17.1 (incorporated by reference, see “Referenced Standards” in
Chapter 1).They shall be passenger elevators as classified by ASME A17.1.
Elevator operation shall be automatic. CHAPTER 4: ACCESSIBLE ROUTES
SECTION 410 PLATFORM LIFTS 410.1 General. Platform lifts shall comply with ASME A18.1 (1999
edition or 2003 edition) (incorporated by reference, see “Referenced
Standards” in Chapter 1). Platform lifts shall not be attendant‐operated and shall provide
unassisted entry and exit from the lift. 410.2
Floor Surfaces. Floor surfaces in platform lifts shall comply
with 302 and 303. 410.3
Clear Floor Space. Clear floor space in platform lifts shall
comply with 305. 410.4
Platform to Runway Clearance. The clearance between the platform
sill and the edge of any runway landing shall be 1 inch (32 mm)
maximum. 410.5
Operable Parts. Controls for platform lifts shall comply with
309. 410.6
Doors and Gates. Platform lifts shall have low‐energy power‐operated doors or gates
complying with 404.3. Doors shall remain open for 20 seconds minimum. End
doors and gates shall provide a clear width 32 inches (815 mm) minimum. Side
doors and gates shall provide a clear width 42 inches (1065 mm) minimum.
EXCEPTION: Platform lifts serving two landings maximum and having doors or
gates on opposite sides shall be permitted to have self‐closing manual doors or
gates. |
DS 2016-098. Petitioner seeks a
Declaratory Statement on an interpretation of Chapter2, Section 206.7 – 206.7.5
and Chapter 4, Section 410 – 410.6 of the Florida Building Code, Accessibility
– 5th Edition (2014)
Questions:
As opposed to seeking a waiver to install a platform lift in
this situation, is the use of a platform
lift acceptable in accordance with FBC 2014-Accessibility sections 410 and 206.7? Should a waiver be required
for a design that apparently meets code requirements?
Answer: To question “is the use
of a platform lift acceptable in accordance with FBC 2014‐Accessibility sections 410 and
206.7?” The answer is yes. A platform lift that is incompliance with Sections
410 and 206.7 and listed/certified for the intended use is acceptable for the
project in question.
To question “should a waiver be
required for a design that apparently meets code requirements?” The
answer is no. A waiver application is not necessary for the project
in question.
Staff Analysis:
Question:
Does the Florida Accessibility Code - Sections 201.1.1 and 206.2.3 allow
Limited Use / Limited Application Elevators or Platform Lifts installed per
FAC 408 or 410 to meet the requirements for vertical accessibility in buildings
where the ADA does not require vertical accessibility?
Answer:
Option #1/Petitioner: Petitioner
respectfully believes that the answer to the question outlined above is "Yes."
Option
#2/Staff:
The answer
to the question is “Yes.” Limited-Use/Limited Application Elevators or Platform
lifts installed as per Section 408 or 410 of the 6th Edition (2017)
Florida Building Code, Accessibility and listed/certified for the intended use
are acceptable for the project in question.
