LOCATION OF FLORIDA
LAW TEXT IN
THE 2007 (Current) FLORIDA
ACCESSIBILITY CODE
AND
THE DRAFT 2012 FLORIDA
ACCESSIBILITY CODE
See end
of this file for explanation of text highlighting and location in documents.
ACCESSIBILITY BY HANDICAPPED PERSONS
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 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 under the Americans with Disabilities Act and the federal
Americans with Disabilities Act Accessibility Guidelines, including, but not
limited to, the readily achievable standard, and the standards applicable to
alterations to places of public accommodation.
2007 FACBC section, “Introduction”
(First paragraph includes both text shaded yellow and text shaded blue. The “Introduction”
is informative only)
Draft 2012 FACBC section
101.1.3.1 (Text shaded in blue)
History.--s. 1, ch. 93-183;
s. 1, ch. 97-76.
553.503 Adoption of guidelines.--Subject to the
exceptions in s. 553.504, the federal
Americans with Disabilities Act Accessibility Guidelines, as adopted by
reference in 28 C.F.R., part 36, subparts A and D, and Title II of Pub. L. No.
101-336, are hereby adopted and incorporated by
reference as the law of this state. The guidelines shall establish the minimum
standards for the accessibility of buildings and facilities built or altered
within this state. The 1997 Florida Accessibility Code for Building
Construction must be adopted by the Florida Building Commission in accordance
with chapter 120.
NOT INCLUDED IN 2007 FACBC
NOT INCLUDED IN Draft 2012 FACBC
History.--s. 1, ch. 93-183;
s. 2, ch. 97-76; s. 65, ch. 2000-141; s. 59, ch. 2000-154.
____________________________________________________________
553.504 Exceptions to applicability of the guidelines.--Notwithstanding
the adoption of the Americans with Disabilities Act Accessibility Guidelines 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 buildings and facilities subject
to ss. 553.501-553.513
which may be frequented in, lived in, or worked in by the public shall comply
with ss. 553.501-553.513.
2007 FACBC section 1.2
Draft 2012 FACBC section 101.1.2
____________________________________________________________
(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.
2007 FACBC section 1.3 [refers to 553.504(2) but does not include
its text] 2007 FACBC sections 4.1.1(1)(c) and
4.22.2 and 4.23.2 and 11.1(1)
Draft 2012 FACBC section 233.3.6
____________________________________________________________
(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.
2007 FACBC section 4.13.1(2)
Draft 2012 FACBC section 404.2.3.1
____________________________________________________________
(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.
2007 FACBC section 4.8.4(2)
Draft 2012 FACBC section 405.7.3
(Blue shaded text is similar to ADAAG language so retained ADAAG text and added
yellow shaded text)
____________________________________________________________
(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 of the guidelines, 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.
2007 FACBC section 4.8.5(2)
Draft 2012 FACBC section 505.10.1
(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.
2007 FACBC sections 4.3.3 and
4.8.3
Draft 2012 FACBC section 406.1.1
(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.
2007 FACBC section 4.7.5 and
Figure 12(b)
Draft 2012 FACBC section 406.3
____________________________________________________________
(6) Notwithstanding
the requirements in reference 4.13.11 of the guidelines, 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.
2007 FACBC section 4.13.11(2)(a)
Draft 2012 FACBC section 404.2.9
____________________________________________________________
(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:
2007 FACBC section 4.1.3(19)(a)
Draft 2012 FACBC section 226.1.1
(a) For the first 100 fixed seats, accessible and usable
spaces must be provided consistent with the following table:
|
Capacity of Seating |
Number of Required |
|
1 to 25 ....... |
1 |
|
26 to 50 ....... |
2 |
|
51 to 100 ....... |
4 |
2007 FACBC section 4.1.3(19)(a)
Draft 2012 FACBC section 226.1.1
and Table 226.1
(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.
2007 FACBC section 4.1.3(19)(a)
Draft 2012 FACBC section 226.1.1
____________________________________________________________
(8) Notwithstanding
the requirements in references 4.32.1-4.32.4 of the guidelines, all fixed
seating in public food service establishments, 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.
2007 FACBC section 4.32.2
Draft 2012 FACBC section 206.2.5.1
____________________________________________________________
(9) 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 shall
provide the following special
accessibility features:
(a) Grab
rails in bathrooms and toilet rooms that comply with s. 4.16.4 of the
guidelines.
(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.
All buildings, structures, or facilities
licensed as a hotel, motel, or condominium pursuant to chapter 509 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 of
the guidelines.
2007 FACBC section 9.1.2 (Text
shaded in yellow is combined and inserted at end of 9.1.2 and 5% criteria to
the table associated with section 9.1.2)
2007 FACBC section 9.2.3 (Text
shaded in yellow is combined and inserted as lead to (a), (b) and (c). Text
shaded in blue is inserted ahead of the lead paragraph. Criteria shaded in gray
are inserted after lead paragraph)
Draft 2012 FACBC section 224.2 (Text
shaded in yellow is combined and inserted and Table 224.2 modified for 5%
criteria)
Draft 2012 FACBC section 806.4 (Text
shaded in yellow is combined and inserted as lead to (a), (b) and (c). Text
shaded in blue is inserted ahead of the lead paragraph. Criteria shaded in gray
are inserted after lead paragraph)
____________________________________________________________
(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.
2007 FACBC section 4.29.2(1)
Draft 2012 FACBC section 705.1
____________________________________________________________
(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.
2007 FACBC (Note there are no
indications in the FACBC of changes to ADAAG)
Draft 2012 FACBC (Note if
included in the 2012 code it should be in section 217)
____________________________________________________________
(12) Notwithstanding
the requirements in references 4.1.3(11) and 4.16-4.23 of the guidelines, required restrooms and toilet rooms in new
construction shall be designed and constructed in accordance with the following
requirements:
2007 FACBC section NA (Note the
shaded text is not in the 2007 FACBC sections 4.1.3(11) or 4.16-4.23 but the “requirements”
are integrated into 4.17.3)
Draft 2012 FACBC sections
213.2.2 and 604.8.1.6
(a) The standard accessible restroom stall 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 for the standard accessible stall and to
comply with s. 4.19 of the guidelines. Such lavatories shall be counted as part
of the required fixture count for the building.
2007 FACBC section 4.17.3 added
Exception (1)
Draft 2012 FACBC section
604.8.1.6.1
(b) The accessible water closet shall be located in the
corner, diagonal to the door.
2007 FACBC section 4.17.3 added
Exception (2)
Draft 2012 FACBC section 604.8.1.6.2
(c) The accessible stall door shall be self-closing.
2007 FACBC section 4.17.5
(Requirement imbedded in ADAAG text)
Draft 2012 FACBC section 604.8.1.6.3
____________________________________________________________
(13) All customer checkout aisles not required by the
guidelines to be handicapped accessible shall have at least 32 inches of clear
passage.
2007 FACBC section 7.3(4)
Draft 2012 FACBC section 904.3.4
____________________________________________________________
(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.
2007 FACBC section 4.13.2(2)
Draft 2012 FACBC section 404.3.8
____________________________________________________________
(15) 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.
2007 FACBC section 4.1.8(2)
Draft 2012 FACBC section 202.1.1
History.--s. 1, ch. 93-183;
s. 3, ch. 97-76.
____________________________________________________________
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, including, but not limited to, the readily achievable
standard, and the standards applicable to alterations to places of public
accommodation. 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), as
adopted by reference in 28 C.F.R. part 36, subparts A and D, and Title II of
Pub. L. No. 101-336, provide increased accessibility, those requirements are
adopted and incorporated by reference as the law of this state.
2007 FACBC section NA (Note: The
full text above is not located in 2007 FACBC parking sections but the first
sentence above duplicates the portion of s.553.502 Intent, addressing expanding
or diminishing defenses for public accommodations that applies to all sections
including s.553.5041.)
Draft 2012 FACBC section 101.3.1
____________________________________________________________
(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.
2007 FACBC section 4.1.2(5)(f)
Draft 2012 FACBC section
208.2.5.2
____________________________________________________________
(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 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.
2007 FACBC section 4.1.2(5)(a)
Draft 2012 FACBC section 208.3.1
(inserted with text from other subsections in law- 553.5041(4)(a),
)
____________________________________________________________
(4) The number of accessible parking spaces must comply
with the parking requirements in ADAAG s. 4.1 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.
FACBC 4.1.2(5)(a) (i), (ii) and (iii) (Note: Lead paragraph of (4) is included
as last sentence of 4.1.2(5)(a).)
Draft 2012 FACBC section
208.2.5.1 – (4)(a); section 208.2.5.2 – (4)(b);
208.2.5.3 – (4)(b). (Note: Lead
paragraph of (4) is not included.)
____________________________________________________________
(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 ss.
4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking Design."
2007 FACBC (See specifics below)
Draft 2012 FACBC – not included
in draft
(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.
2007 FACBC section 4.6.2(1)
Draft 2012 FACBC section 208.3.1
(inserted together with other text from law- 553.5041(3),)
(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.
2007
FACBC section 4.6.2 (ADAAG language same as Florida law not shaded above) 2007 FACBC (Last sentence of section 4.6.2 is similar to text shaded in
yellow) 2007 FACBC section 4.6.2(2) and 12(2) (Text shaded in blue)
Draft
2012 FACBC section 208.3.1 (Text shaded in yellow) Draft 2012 FACBC
section 208.3.1 Exception 3. (Text shaded in blue except reference to
509.013(9))
(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.
2007 FACBC section 4.6.1 (Text
shaded in yellow on parking space width) 2007 FACBC section 4.6.3 (All
text shaded in blue on the access aisle)
Draft 2012 FACBC section 502.2 (Text shaded in yellow)
Draft 2012 FACBC section 502.3.1 (Text shaded in blue on access
aisle width was not added to the draft code - defer to ADAAG same requirement)
Draft 2012 FACBC section 502.3 (Text shaded blue on access aisle
part of accessible route to entrance)
Draft 2012 FACBC section 502.3 (Text shaded in blue on access aisle
adjacent to accessible parking space)
Draft 2012 FACBC section 502.3 (Text on accessible parking spaces
sharing access aisle was not added to draft code - defer to ADAAG same
provision)
Draft 2012 FACBC section 502.3.3 (Text on access aisle striped
diagonally)
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.
Not in 2007 FACBC - Not a building
construction requirement
Not in Draft 2012 FACBC
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.
2007
FACBC section 4.6.3 Exception (Text shaded yellow)
2007
FACBC section 12(1) (Entire text of 3. is inserted together with other text
from law)
Draft
2012 FACBC section 208.3.1 Exception 4 (Entire text of 3 except reference to s.509.013(9))
(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 4.6.5, 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.
2007 FACBC section 4.6.2(3) (Note- Yellow shaded text is in this
section of the Code)
2007 FACBC section 4.6.3 (Note- Sky and aqua blue shaded text is in
this section of the Code. See note on (e).)
Draft 2012 FACBC section 502.2.2 (Text shaded yellow on parking
space location)
Not in draft – (Text unshaded on designed in conformance with ADAAG)
Draft 2012 FACBC section 502.3 Exception (Text shaded sky blue on
access aisle not required - language clarifies exception applies to on-street
parallel parking unlike current code)
Draft 2012 FACBC section 502.2 (Text shaded aqua blue on curbs)
Not in draft (Text unshaded on not relieving owner of
responsibility to comply with ADAAG)
(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.
2007 FACBC section 4.6.3 (Note: Language
from (e) combined with exception on access aisles and curb height requirements in
(d). The (d) exception and curb height requirement are separated from the
“on-street parallel parking which is located in 4.6.2(3))
Draft 2012 FACBC section 502.2.1
(f) Curb
ramps must be located outside of the disabled parking spaces and access aisles.
2007 FACBC section 4.7.1
Draft 2012 FACBC section 406.5 (Text
was not added to draft code - defer to ADAAG same provision)
(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.
2007 FACBC section 4.1.8(3)
Draft 2012 FACBC section 208.1.1
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.
2007 FACBC section 4.1.6(k)(iv) (Just the text shaded
gray)
Draft 2012 FACBC section 208.1.2
(Text shaded gray with text shaded yellow replaced by requirement from s.553.507(2)(b))
____________________________________________________________
(6) Each such parking space must be 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 and which bears the international symbol of
accessibility meeting the requirements of ADAAG s. 4.30.7 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. 4.30.
2007 FACBC section 4.6.4 (Text
shaded in yellow is inserted in first and third paragraphs)
Draft 2012 FACBC section 502.6.1 (Text shaded
in yellow and in blue are included)
History.--s. 66, ch.
2000-141.
____________________________________________________________
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.
2007 FACBC section 1.3
Draft 2012 FACBC section 101.1.3
History.--s. 1, ch. 93-183;
s. 14, ch. 96-200; s. 4, ch. 97-76; s. 23, ch. 2001-186.
____________________________________________________________
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 in accordance with chapter 120.
NOT A PART OF FACBC
History.--s. 1, ch. 93-183;
s. 67, ch. 2000-141; s. 60, ch. 2000-154.
____________________________________________________________
553.507 Exemptions.--Sections 553.501-553.513 do
not apply to any of the following:
(1) Buildings, structures, or facilities that were
either under construction or under contract for construction on October 1, 1997.
2007 FACBC section 4.1.1(5)(b) and 4.1.2 and 4.1.3
Draft 2012 FACBC section 201.1
Exception (1)
____________________________________________________________
(2) Buildings,
structures, or facilities that were in existence on October 1, 1997, unless:
(a) The building, structure, or facility is being
converted from residential to nonresidential or mixed use, as defined by 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) The
original construction or any former alteration or renovation of the building,
structure, or facility was carried out in violation of applicable permitting
law.
2007 FACBC section 4.1.6 (Text
shaded yellow and text shaded blue) 2007 FACBC section 11.1(2)(a) T(ext shaded in blue)
Draft 2012 FACBC section 201.1
Exception (2) (Text shaded in yellow and text shaded in blue)
History.--s. 1, ch. 93-183;
s. 5, ch. 97-76; s. 31, ch. 2001-63; s. 24, ch. 2001-186.
____________________________________________________________
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.
2007 FACBC sections 4.1.1(1)(b) and 4.1.8(1)
Draft 2012 FACBC section 202.1.2
History.--s. 1, ch. 93-183.
____________________________________________________________
553.509 Vertical accessibility.--
(1) Nothing
in ss. 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:
(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.
: Note: Subsections (2)(a)
through (2)(f) [see below] are not part of the Accessibility Code.
:
However,
buildings, structures, and facilities must, as a minimum, comply with the
requirements in the Americans with Disabilities Act Accessibility Guidelines.
2007 FACBC sections 4.1.2 and
4.1.3(5) and 4.1.6(1)(f) and 4.1.6(1)(k)(iii) and 5.4
Exception
Draft 2012 FACBC section
201.1.1 (Text shaded gray is included
in Section 201.1.1 then Section 201.1.1 is referenced from sections 202.3,
202.4, 203.1, 206.2.3, 206.2.4, 206.2.5, 206.2.7, 221.1, 240.1, 240.2.1.1,
240.2.1.2, 240.2.2, 241)
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(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.
NOT INCLUDED IN 2007 FACBC
(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.
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(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.
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(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.
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(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.
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(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.
NOT INCLUDED IN 2007 FACBC
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.
2007 FACBC section 4.6.5
Draft 2012 FACBC section 502.5
History.--s. 2, ch. 90-250;
s. 2, ch. 93-183; s. 7, ch. 97-76.
Note.--Former s. 553.482.
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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.
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(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.
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(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.
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(4) Meetings
of the advisory council shall be held in conjunction with the regular meetings
of the commission.
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History.--s. 3, ch. 78-333;
s. 1, ch. 82-46; s. 2, ch. 83-265; s. 25, ch. 86-220; s. 5, ch. 89-97; ss. 1,
5, 6, ch. 91-172; s. 5, ch. 91-429; s. 2, ch. 93-183; s. 10, ch. 97-76; s. 68,
ch. 2000-141; s. 61, ch. 2000-154; s. 13, ch. 2002-293.
Note.--Former s. 553.49.
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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.
NOT INCLUDED IN 2007 FACBC
History.--s. 6, ch. 89-97;
s. 2, ch. 93-183.
Note.--Former s. 553.495.
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Explanation of
conventions:
“2007 FACBC section” means the current Florida Accessibility
Code and identifies code sections where the shaded text above from Florida law
is located.
“Draft
2012 FACBC section _” is the draft future edition of the Florida Accessibility
Code and identifies the location of text above from law in draft code.
All text from
Florida law actually transferred into the 2007 FACBC
and Draft 2012 FACBC are identified in gray,
yellow or blue shading (two shades in one place) to designate text located in
specific sections.