A1A BURRITO WORKS

Issue: Vertical accessibility to a new deck.

Analysis; The applicant is requesting a waiver from providing vertical accessibility to a new, $60,000 42’ x 18’ deck being added to an existing restaurant. The cost for the project is $60,000 and estimates from $47,620 5to $137,000 were submitted as the cost to add an elevator or protected lift to the site. The restaurant is located adjacent to the ocean and the marine environment makes upkeep and maintenance of mechanical equipment very difficult and costly. NOTE: This application for waiver was previously denied; however, the applicant has submitted a new package that includes more detailed analysis of the costs to provide vertical accessibility.

Project Progress:

The project is under design.

Items to be Waived:

Vertical accessibility to a deck, as required by Chapter 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.