FLORIDA BUILDING COMMISSION

ACCESSIBILITIY ADV ISORY COUNCIL

September 26, 2012

 

Vice-Chairman Barb Page called the meeting to order at 2:00 P.M. on September 26, 2012.  Members present were Barb Page, Catherine Powell and Bill Riha.  In the absence of a quorum, individual recommendations from the Council members will be presented to the Commission during its review of waiver applications.

 

Review of Applications for Waivers from Accessibility Code Requirements.

 

Centennial Middle School, 3805 Centennial Road, Dade City:  Ronald Zajac represented the applicant and requested a waiver from providing vertical accessibility to all levels of the collapsible seating in the gymnasium. The facility is a 204,757 square foot middle school. The project consists of two, two story classroom buildings, a one story administration building, a cafeteria and a gymnasium around a central courtyard with a cost of $11,500,000.00. It is technically infeasible to comply and financial costs will be incurred by the owner if the waiver is denied.  The project was completed prior to implementation  of the 2012 Accessibility Code, so all levels are required to be vertically accessible.  The Council members concluded it would be technically infeasible to make all levels accessible and Barb Page, Bill Riha and Catherine Powell recommended approving the request. 

 

Chasco Middle School, 7702 Ridge Road, Port Richey:  Ronald Zajac represented the applicant and requested a waiver from providing vertical accessibility to all levels of the collapsible seating in the gymnasium. The facility is a 204,757 square foot middle school. The project consists of two, two story classroom buildings, a one story administration building, a cafeteria and a gymnasium  around a central courtyard with a cost of $19,606,460.00. It is technically infeasible to comply and financial costs will be incurred by the owner if the waiver is denied. The project was completed prior to implementation  of the 2012 Accessibility Code, so all levels are required to be vertically accessible.  The Council members concluded it would be technically infeasible to make all levels accessible and Barb Page, Bill Riha and Catherine Powell recommended approving the request. 

 

 

Dr. John Long Middle School, 15144 2025 Mansfield Boulevard, Wesley Chapel: The applicant  was represented by Ronald Zajac and requested a waiver from providing vertical accessibility to all levels of the collapsible seating in the gymnasium. The facility is a 204,757 square foot middle school. The project consists of two, two story classroom buildings, a one story administration building, a cafeteria and a gymnasium around a central courtyard with a cost of $25,194,147.00. It is technically infeasible to comply and financial costs will be incurred by the owner if the waiver is denied.  The project was completed prior to implementation  of the 2012 Accessibility Code, so all levels are required to be vertically accessible.  The Council members concluded it would be technically infeasible to make all levels accessible and Barb Page, Bill Riha and Catherine Powell recommended approving the request

 

Paul R. Smith Middle School, 1410 Sweetbriar Drive, Holiday:  Ronald Zajac represented the applicant and requested a waiver from providing vertical accessibility to all levels of the collapsible seating in the gymnasium. The facility is a 204,757 square foot middle school. The project consists of two, two story classroom buildings, a one story administration, a cafeteria and a gymnasium building around a central courtyard with a cost of $25,194,147.00. It is technically infeasible to comply and financial costs will be incurred by the owner if the waiver is denied.  The project was completed prior to implementation  of the 2012 Accessibility Code, so all levels are required to be vertically accessible.  The Council members concluded it would be technically infeasible to make all levels accessible and Barb Page, Bill Riha and Catherine Powell recommended approving the request

 

James Avenue Hostel, 1676 James Avenue, Miami Beach:  Alan Shulman represented the applicant requested a waiver from providing vertical accessibility to the second floor of an apartment building (built in 1941) being changed to a high end Hostel with 14,908 square feet. The project consists of renovating the building facade, reconfiguration of interior partitions and converting apartment rooms into hostel rooms with an estimated cost of $777,261.00. All amenities on the second floor will be provided on ground floor.  Accessibility to the ground floor has been ensured throughout with new ramps, a chair lift at the lobby, 2 accessible rooms with hearing impaired plus 2 hearing impaired rooms, one accessible restroom for each sex and accessible routes.  An estimate of $96,520.00 for an elevator was submitted to substantiate financial costs will be incurred by the owner if the waiver is denied.  Following discussion, the Council agreed that it appeared disproportionate cost was a factor in the project; however, additional detailed information to substantiate the cost is needed.  Barb Page, Bill Riha and Catherine Powell recommended granting the request, provided a cost breakdown is submitted to staff for confirmation that the costs are valid. 

Biomedical International Corporation, 4896 S. W. 74th Court, Miami:  The applicant requested a waiver from providing vertical accessibility to the second floor offices with 5 persons. The project consists of interior alterations with an estimated cost of $9,456.00. The applicant has submitted quotes of $35,880.00, $30,480.00 and $28,970.00 to install an enclosed wheel chair lift.  Substantial financial costs will be incurred by the owner if the waiver is denied.  Juan Borges represented the applicant and advised the Council that no sales or public contact occurs in the building.  Its function is limited to shipping operations serving a number of clients throughout the Caribbean basin.  Barb Page, Bill Riha and Catherine Powell recommended granting the request since it would be disproportionate to the cost of the alteration to make the second floor accessible. 

London House Apartments, 1975-1965 Washington Avenue, Miami Beach:  Manuel Forero represented the applicant and requested a waiver for the size of the elevator cab which is 41”x52” (vertical accessibility) and temporary relief from full compliance in order to comply with a condition for government sponsored financing for the creation of Affordable Housing (rental units) that requires a temporary certificate of use for phase one of a two phase alteration project.  The alteration consist of reconfiguring rooms, roofing, windows, restoring the facade and accessible elements with a cost of $5,100,000.00 The applicant believes they qualify for a waiver due to unreasonable, extreme hardship and technical infeasible due to historical requirements for this project.

The following information was provided by HUD with regard to the application of Section 504 regulations.  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.

 

Barb Page, Bill Riha and Catherine Powell concluded that the building is not subject to the provisions of the Florida Accessibility Code and recommended denying the application based on lack of jurisdiction. 

 

Joseph Serpico Realty, Inc. Covenant Hospice, 1021 Capital Circle, N. E. Tallahassee:  The application was withdrawn since the applicant plans to install an elevator in the facility. 

 

Galopin Restaurant, 358 North Park Avenue, Winter Park:  The applicant was represented by Larry Schneider and requested  a waiver from providing vertical accessibility to the second floor of a restaurant. The project is an alteration with 3900sf on the first floor and 3100sf on the second floor with all services the same on both levels.  An estimated cost of $125,000.00 in alterations and 44,900.00 of that is in accessibility improvements which is greater than the 20% required. An estimate of 15,000.00 to $20,000.00 for a chair lift and $38,000.00 for an elevator was submitted and does not include other work related to installation. The applicant has made diligent investigation into compliance but cannot find an efficient mode of compliance.  Substantial financial costs will be incurred by the owner if the waiver is denied.  Barb Page, Bill Riha and Catherine Powell concluded that the applicant demonstrated it would be disproportionate to the cost of the project to make the second floor accessible and recommended granting the request.

Hollywood Public Safety Complex, 707 South Ocean Drive, Hollywood Beach:  Larry Schneider represented the applicant, which requested a waiver from providing vertical accessibility to the apparatus bay. The project is new construction of a safety complex / fire station for the City of Hollywood with an estimated cost of $7,000,000.00. The applicant has made diligent investigation into compliance but because of extremely tight site constraints, building access restrictions and the floor level flood elevation requirements it is technically infeasible.  Substantial financial costs will be incurred by the owner if the waiver is denied.  The Department of Justice has taken the position that regardless of the functions within a fire house, all levels must be made accessible in accordance with Title II provisions of the ADA, to ensure full public access, as well as for employees or City staff that may need to work in all portions of the building.  Barb Page, Bill Riha and Catherine Powell concluded that the project was outside their jurisdictional scope and recommended denial. 

 

                There being no further  business to come before the Council, the meeting  adjourned at 3:30 P.M.