From: White, Mark D [mailto:Mark.D.White@hud.gov]
Sent: Friday, September 14, 2012 11:42 AM
To: Sellers, Chip
Cc: Casal, Nora E; Bustamante, Fiordaliza; Chavis, Ann D; Ortiz, Maria R
Subject: RE: Vertical Accessibility London Town Apartments Miami Beach

 

Good Morning Chip,

 

Because NSP is federal financial assistance, then if the cost of the work is 75 percent or more of the replacement cost of the building, then the accessibility requirements of Section 504 are applicable.  Because this is an elevator building, and because Section 504 requires a distribution of the 5 percent (or more) wheelchair accessible units to floors throughout the building to offer choice to persons with disabilities, the elevator(s) must be UFAS-compliant (if the 75 percent threshold is met).  If the 75 percent threshold is not met, then per 24 CFR 8.23(b), “Alterations to common areas or parts of facilities that affect accessibility of existing housing facilities shall, to the maximum extent feasible, be made to be accessible to and usable by individuals with handicaps.”  If the elevators are not accessible, then none of the accessible units on floors other than the 1st can be counted as being accessible, so it is very likely that the elevator would, under any circumstances, need to be compliant with Section 504.

 

Please contact me with any questions,

 

Mark D. White

Community Planning and Development Specialist

Office of Community Planning and Development

U.S. Department of Housing and Urban Development

Miami Office

Brickell Plaza Federal Building

909 SE First Avenue

Suite 500

Miami, FL 33131

Phone 305-520-5021

Fax     305-536-4781

Email  mark.d.white@hud.gov

 

From: Sellers, Chip [mailto:Chip.Sellers@dbpr.state.fl.us]
Sent: Thursday, September 13, 2012 3:00 PM
To: White, Mark D
Subject: Vertical Accessibility London Town Apartments Miami Beach

 

Mark,

 

I have an application for a vertical accessibility waiver due to the size of the elevator cab that is 41”x52”.  This project is a NSP project with a cost of $5.1 million.  It will be rental units and is owned by a non-profit.  Would HUD guidelines allow vertical accessibility to be waived?

 

Chip Sellers

Department of Business and Professional Regulation

Government Operations Consultant

Staff to the Florida Building Commision

850-410-1568

Chip.sellers@dbpr.state.fl.us