Americans with Disabilities Act Side-By-Side Comparison Form

ADA Title III Requirements for New Construction and Alterations

28 CFR, Part 35 (2010) DOJ Title II

28 CFR, Part 36 (2010) DOJ Title III

49 CFR, Part 37 (2006) DOT Transportation Facilities

Advisory to reflect DOJ or DOT regulations

Florida Accessibility Code for Building Construction

Comments

CHAPTER 1: APPLICATION AND ADMINISTRATION

101 Purpose

101.1 General. This document contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities. The requirements are to be applied during the design, construction, additions to, and alteration of sites, facilities, buildings, and elements to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act of 1990 (ADA).

Advisory 101.1 General. In addition to these requirements, covered entities must comply with the regulations issued by the Department of Justice and the Department of Transportation under the Americans with Disabilities Act. There are issues affecting individuals with disabilities which are not addressed by these requirements, but which are covered by the Department of Justice and the Department of Transportation regulations.

101 Purpose

101.1 General. This code contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities. The requirements are to be applied during the design, construction, additions to, and alteration of sites, facilities, buildings, and elements. ~~to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act of 1990 (ADA).~~

Advisory 101.1 General. In addition to the 2004 ADAAG requirements, covered entities must comply with the regulations issued by the Department of Justice and the Department of Transportation under the Americans with Disabilities Act. There are issues affecting individuals with disabilities which are not addressed by these requirements, but which are covered by the Department of Justice and the Department of Transportation regulations.

The Department of Justice regulations 28 CFR, Part 35 and 28 CFR, Part 36, the Department of Transportation 49 CFR, Part 37 and the requirements of Florida law Part II, chapter

553, F.S. have been incorporated in this code.

This code is adopted as part of the Florida Building Code by law, s.553.73(1)(a), Florida Statutes. The administrative requirements of the Florida Building Code, Building, Chapter 1 not specifically addressed by this code apply to construction necessary to comply with this code, e.g. permitting, construction documents, plans review and inspections, etc.

101.1.1 This code shall take effect March 15, 2012. After July 1, 2011 and prior to March 15, 2012 this code may be used to comply with chapter 2011-222, section 29, Laws of Florida.

101.1.2 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.

101.1.3 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. It is to be applied during the design construction and alteration of such buildings and facilities as required by this code.

101.1.4 This code is not intended to expand or diminish the defenses available to a place of public accommodation or a commercial facility under the Americans with Disabilities Act and the ADA Standards for Accessible Design, including, but not limited to, the readily achievable standard, and the standards applicable to alterations to places of public accommodation and commercial facilities.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify that DOJ regulations have been incorporated in the Code.

Clarify that the administrative requirements of Chapter 1 of the Florida Building Code, Building Volume not specifically addressed by this code apply to construction necessary to comply with this Code. (See attached Chapter 1).

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify effective date.

Clarify list of facilities/buildings that are subject to the accessibility code to include private clubs, residential buildings, and state and local government facilities.

101.2 Effect on Removal of Barriers in Existing Facilities. This document does not address existing facilities unless altered at the discretion of a covered entity. The Department of Justice has authority over existing facilities that are subject to the requirement for removal of barriers under title III of the ADA. Any determination that this document applies to existing facilities subject to the barrier removal requirement is solely within the discretion of the Department of Justice and is effective only to the extent required by regulations issued by the Department of Justice.

Sec.36.304 Removal of barriers.

(a) General. A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense.

101.2 Effect on Removal of Barriers in Existing Facilities.

Removal of architectural barriers, pursuant to 28 C.F.R. s. 36.304, from buildings, structures or facilities shall comply with this code’s requirements for alterations 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.

This code applies to alterations to existing facilities that are subject to the barrier removal requirement under Title III of the ADA to the extent required by regulations issued by the Department of Justice incorporated in 202.6.1 and to alterations undertaken by Title II entities to provide program access.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

28 CFR Part 36(2010) DOJ Title III

28 CFR, Part 35 (2010) DOJ Title II

Clarify the application of the Access code to removal of barriers in existing facilities in accordance with DOJ regulation.

103 Equivalent Facilitation

Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.

28 CFR Part 36, Appendix A, Section 2.2 (7/1/94) DOJ Title III

2.2* Equivalent Facilitation. Departures from particular technical and scoping requirements of this guideline by the use of other designs and technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the facility.

103 Equivalent Facilitation

Departure from the explicit technical and scoping requirements of this code for any element voids any otherwise applicable presumption of rebuttable evidence that the element has been constructed or altered in accordance with the minimum accessibility requirements of the ADA

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36, Appendix A, Section 2.2 (7/1/94) DOJ Title III

Clarify the general impact of the use of equivalent facilitation as a mean of affirming compliance with the Access Code.

Advisory 103 Equivalent Facilitation. The responsibility for demonstrating equivalent facilitation in the event of a challenge rests with the covered entity. With the exception of transit facilities, which are covered by regulations issued by the Department of Transportation, there is no process for certifying that an alternative design provides equivalent facilitation.

Advisory 103 Equivalent Facilitation. The responsibility for demonstrating equivalent facilitation in the event of a challenge rests with the covered entity. With the exception of transit

facilities, which are covered by regulations issued by the Department of Transportation, there is no process for certifying that an alternative design provides equivalent facilitation.

US Department of Justice “certification” of the Florida Accessibility Code as substantially equivalent to the ADA Standards for Accessible Design means the code meets or exceeds the minimum requirements of Title III of the ADA for accessibility and usability of facilities covered by Title III. Certification provides private entities, complying with the Florida code a “presumption of rebuttable evidence” of compliance with the ADA Title III regulations. However,

the “presumption” applies only if the explicit requirements of the code are met. Equivalent Facilitation is authorized for alternate methods of providing accessibility but those

alternate methods will not be afforded the “presumption.”

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Advisory modification to reflect Florida requirements and to address scope and application of DOJ certification of Florida Code.

106 Definitions

Alteration. A change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, resurfacing of circulation paths or vehicular ways, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

28 CFR Part 36

(1) Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

Alteration. A change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, resurfacing of circulation paths or vehicular ways, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

Add definition for clarification.

Alterations to an Area Containing a Primary Function (See also, “Primary Function”).

Sec.36.104 Definitions.

For purposes of this part, the term --

Act means the Americans with Disabilities Act of 1990 (Pub. L. 101 - 336, 104 Stat. 327, 42 U.S.C. 12101 - 12213 and 47 U.S.C. 225 and 611).

Commerce means travel, trade, traffic, commerce, transportation, or communication --

(1) Among the several States;

(2) Between any foreign country or any territory or possession and any State; or

(3) Between points in the same State but through another State or foreign country.

Commercial facilities means facilities --

(1) Whose operations will affect commerce;

(2) That are intended for nonresidential use by a private entity; and

(3) That are not --

(i) Facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968, as amended (42 U.S.C. 3601 - 3631);

(ii) Aircraft; or

(iii) Railroad locomotives, railroad freight cars, railroad cabooses, commuter or intercity passenger rail cars (including coaches, dining cars, sleeping cars, lounge cars, and food service cars), any other railroad cars described in section 242 of the Act or covered under title II of the Act, or railroad rights-of-way. For purposes of this definition, "rail'' and "railroad'' have the meaning given the term "railroad'' in section 202(e) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)).

Commerce. Travel, trade, traffic, commerce, transportation, or communication:

(1 )Among the several states;

(2 )Between any foreign country or any territory or possession and any state; or

(3) Between points in the same state but through another state or foreign country.

Commercial Facilities. Facilities:

(1) Whose operations will affect commerce;

(2) That are intended for nonresidential use by a private entity; and

(3) That are not:

(a) Facilities that are not covered or expressly exempted from coverage under the Fair Housing Act of 1968, as amended (42 U.S.C. 3601-3631);

(b) Aircraft; or

(c) Railroad locomotives, railroad freight cars, railroad cabooses, commuter or intercity passenger rail cars (including coaches, dining cars, sleeping cars, lounge cars, and food service cars), and any other railroad cars described in Section 242 of the ADA or covered under Title II of the ADA, or railroad rights-of-way. For purposes of this definition, “rail” and “railroad” have the meaning given the term “railroad” in Section 202(e) of the Federal Railroad Safety Act of 1970 [45 U.S.C. 431(e)].

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Add definition for clarification.

49 CFR, part 37 (37.3 Definition) Designated public transportation means transportation provided by a public entity (other than public school transportation) by bus, rail, or other conveyance (other than transportation by aircraft or intercity or commuter rail transportation) that provides the general public with general or special service, including charter service, on a regular and continuing basis.

Designated Public Transportation. Transportation provided by a public entity (other than public school transportation) by bus, rail, or other conveyance (other than transportation by aircraft or intercity or
commuter rail transportation) that provides the general public with general or special service, including charter service, on a regular and continuing basis.

E Equivalent To or Exceeds ADA Provisions

Incorporated from 49 CFR, Part 37 (2006) DOT Transportation Facilities

Add definition for clarification

Sec.36.104 Definitions.

Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.

(1) The phrase physical or mental impairment means --

(i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine;

(ii) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities;

(iii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism;

(iv) The phrase physical or mental impairment does not include homosexuality or bisexuality.

2) The phrase major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

(4) The phrase is regarded as having an impairment means --

(i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a private entity as constituting such a limitation;

(ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or

(iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a private entity as having such an impairment.

(5) The term disability does not include --

(i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(ii) Compulsive gambling, kleptomania, or pyromania; or

(iii) Psychoactive substance use disorders resulting from current illegal use of drugs.

Disability. With respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.

(1) The phrase physical or mental impairment means:

(a) Any physiological disorder or condition, cosmetic disfigurement, or an anatomical loss affecting one or more of the following body systems; neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine;

(b) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities;

(c) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism;

(d) The phrase physical or mental impairment does not include homosexuality or bisexuality.

(2) The phrase major life activities means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(4) The phrase is regarded as having an impairment means:

(a) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a private entity as constituting such a limitation;

(b) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or

(c) Has none of the impairments defined in paragraph (1) of this definition but is treated by a private entity as having such an impairment.

(5) The term "disability" does not include:

(a) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(b) Compulsive gambling, kleptomania or pyromania; or

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

Add definition for clarification.

Sec.36.104 Definitions.

Existing facility means a facility in existence on any given date, without regard to whether the facility may also

be considered newly constructed or altered under this part.

Existing Facility. A facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this code.

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010)

DOJ Title II & Title III

Add definition for clarification.

Sec.36.104 Definitions.

Housing at a place of education means housing operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence.

Housing at a Place of Education. Housing operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence.

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

Add definition for clarification.

Sec.36.402 Alterations.

(c) To the maximum extent feasible. The phrase "to the maximum extent feasible," as used in this section, applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments).

Maximum Extent Feasible. The phrase "to the maximum extent feasible," as used in this code, applies to the case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments).

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

Add definition for clarification.

Sec. 36.403(e)

(ii) A “path of travel” includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks,

streets, and parking areas), an entrance to the facility, and other parts of the facility.

 (A) An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements.

 (B) For the purposes of this section, the term “path of travel” also includes the restrooms, telephones, and drinking fountains serving the altered area.

Sec. 37.37 Other applications.

d) As used in this section, a ``path of travel'' includes a
continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, parking areas, and streets), an entrance to the facility, and other parts of the facility. The term also includes the restrooms, telephones, and drinking fountains serving the altered area. An accessible path of travel may include walks and sidewalks, curb

ramps and other interior or exterior pedestrian ramps, clear floor paths
through corridors, waiting areas, concourses, and other improved areas,
parking access aisles, elevators and lifts, bridges, tunnels, or other
passageways between platforms, or a combination of these and other
elements.

Path of Travel.

(1) A path of travel includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility.

(2) An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements.

In transportation facilities covered by 49 CFR 37, An accessible path of travel may include walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps, clear floor paths through corridors, waiting areas, concourses, and other improved areas, parking access aisles, elevators and lifts, bridges, tunnels, or other passageways between platforms, or a combination of these and other elements.

(3) For the purposes of this code, the term “path of travel” also includes the restrooms, telephones, and drinking fountains serving the altered area.

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

Add definition for clarification. (SAME AS 36.403(e))

Incorporated from 49 CFR, Part 37 (2006) DOT Transportation Facilities

Sec.36.104 Definitions.

(1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, a facility is a ``place of lodging'' if it is--

    (i) An inn, hotel, or motel; or

    (ii) A facility that--

    (A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and

    (B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following--

    (1) On- or off-site management and reservations service;

    (2) Rooms available on a walk-up or call-in basis;

    (3) Availability of housekeeping or linen service; and

    (4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.

Places of Lodging. See “Place of Public Accommodation”.

Place of Public Accommodation. A facility, operated by a private entity, whose operations affect commerce and fall within at least one of the following categories:

(1) Places of lodging. Except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, a facility is a ``place of lodging'' if it is--

(i) An inn, hotel, or motel; or

(ii) A facility that--

(A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and

(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following--

(1) On- or off-site management and reservations service;

(2) Rooms available on a walk-up or call-in basis;

(3) Availability of housekeeping or linen service; and

(4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.

Resort condominiums are considered to be public lodging establishments pursuant to Section 509.242, F.S.;

(2) Establishments serving food and drink. A restaurant, bar, or other establishment serving food or drink;

(3) Places of exhibition or entertainment. A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;

(4) Places of public gathering. An auditorium, convention center, lecture hall, or other place of public gathering;

(5) Sales or rental establishments. A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;

(6) Service establishments. A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

(7) Stations used for specified public transportation. A terminal, depot, or other station used for specified public transportation;

(8) Places of public display or collection. A museum, library, gallery, or other place of public display or collection;

(9) Places of recreation. A park, zoo, amusement park, or other place of recreation;

(10) Places of education. A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;

(11) Social service center establishments. A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment;

(12) Places of exercise or recreation. A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation;

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Add definition for clarification.

Florida specific

Sec.36.402 Alterations.

(i) Primary function. A “primary function” is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public entity using the facility are carried out.

(A) Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, and corridors are not areas containing a primary function. Restrooms are not areas containing a primary function unless the provision of restrooms is a primary purpose of the area, e.g., in highway rest stops.

Sec. 37.43 Alteration of transportation facilities by public entities.

(c) As used in this section, a primary function is a major activity
for which the facility is intended. Areas of transportation facilities
that involve primary functions include, but are not necessarily limited
to, ticket purchase and collection areas, passenger waiting areas, train
or bus platforms, baggage checking and return areas and employment areas
(except those involving non-occupiable spaces accessed only by ladders,
catwalks, crawl spaces, very narrow passageways, or freight (non-
passenger) elevators which are frequented only by repair personnel).

Primary Function. A major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public entity, public accommodation or other private entity using the facility are carried out. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, and corridors are not areas containing a primary function. Restrooms are not areas containing a primary function unless the provision of restrooms is a primary purpose of the area, e.g., in highway rest stops. Areas of transportation facilities that involve primary functions include, but are not necessarily limited to, ticket purchase and collection areas, passenger waiting areas, train or bus platforms, baggage checking and return areas and employment areas (except those involving non-occupiable spaces accessed only by ladders, catwalks, crawl spaces, very narrow passageways, or freight (non-passenger) elevators which are frequented only by repair personnel).

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

Add definition for clarification.

Incorporated from 49 CFR, Part 37 (2006) DOT Transportation Facilities

Section 36.104 Definitions

Private club.'' The term "private club'' is defined in accordance with section 307 of the ADA as a private club or establishment exempted from coverage under title II of the Civil Rights Act of 1964.

Section 36.104 Definitions

"Private entity.'' The term "private entity'' is defined as any individual or entity other than a public entity. It is used as part of the definition of "public accommodation'' in this section.

Section 36.401 New Construction

A "professional office of a health care provider'' is defined as a location where a person or entity regulated by a State to provide professional services related to the physical or mental health of an individual makes such services available to the public. In a two-story development that houses health care providers only on the ground floor, the "professional office of a health care provider'' is limited to the ground floor unless the second floor was designed or intended for use by a health care provider.

Sec.36.104 Definitions.

Place of public accommodation means a facility, operated by a private entity, whose operations affect commerce and fall within at least one of the following categories

Private Club. A private club or establishment exempted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)).

Private Entity. A person or entity other than a public entity.

Proffessional Office of a Health Care Provider. A location where a person or entity, regulated by a State to provide professional services related to the physical or mental health of an individual, makes such services available to the public. The facility housing the “professional office of a health care provider” only includes floor levels housing at least one health care provider, or any floor level designed or intended for use by at least one health care provider.

Public accommodation. A private entity that owns, leases (or leases to), or operates a place of public accommodation.

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Add definition for clarification.

28 CFR 36

Sec.36.104 Definitions.

Public entity means—

 (1) Any State or local government;

 (2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and

 (3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).

Public entity.

(1) Any State or local government;

(2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and

(3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act). (45 U.S.C. 541)

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

Add definition for clarification.

Sec.36.104 Definitions.

Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense.

Readily Achievable. Easily accomplishable and able to be carried out without much difficulty or expense.

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Add definition for clarification.

Resort Condominium. (Section 509.242, F.S.). A resort condominium is any unit or group of units in a condominium, cooperative, or time-share plan which is rented more than three times a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or one calendar month, whichever is less. (See also, Places of Lodging)

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add definition for clarification.

Sec.36.401 New construction.

(ii) Shopping center or shopping mall means --

(A) A building housing five or more sales or rental establishments; or

(B) A series of buildings on a common site, either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments. For purposes of this section, places of public accommodation of the types listed in paragraph (5) of the definition of "place of public accommodation'' in section Sec.36.104 are considered sales or rental establishments. The facility housing a "shopping center or shopping mall'' only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.

Shopping Center or Shopping Mall.

(1) A building housing five or more sales or rental establishments; or

(2) A series of buildings on a common site, either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments. For purposes of this section, places of public accommodation of the types listed in Paragraph (5) of the definition of “Place of public accommodation” in this code are considered sales or rental establishments. The facility housing a “shopping center or shopping mall” only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Add definition for clarification.

Sec. 37.3 Definitions.

Specified public transportation means transportation by bus, rail,
or any other conveyance (other than aircraft) provided by a private
entity to the general public, with general or special service (including
charter service) on a regular and continuing basis.

Specified public transportation. transportation by bus, rail, or any other conveyance (other than aircraft) provided by a private entity to the general public, with general or special service (including charter service) on a regular and continuing basis.

E Equivalent To or Exceeds ADA Provisions

Incorporated from 49 CFR, Part 37 (2006) DOT Transportation Facilities

Add definition for clarification.

Theme Park Or Entertainment Complex. (Section 509.0013(9), F.S.). Theme park or entertainment complex means a complex comprised of at least 25 contiguous acres owned and controlled by the same business entity and which contains permanent exhibitions and a variety of recreational activities and has a minimum of 1 million visitors annually.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add definition for clarification.

Sec.36.104 Definitions.

Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section

508(c)(2) of the ADA, 42 U.S.C. 12207 (c)(2).

Wheelchair. A manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207(c)(2).

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

Add definition for clarification.

Chapter 2: Scoping Requirements

Application201.1 Scope. All areas of newly designed and newly constructed buildings and facilities and altered portions of existing buildings and facilities shall comply with these requirements.

201.1 Scope. 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.

201.1.1 Vertical 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.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify the scope of application for the Access Code as per FS.

553.507(1-4), FS

553.509, FS

Add exceptions from the vertical accessibility as follows:

Theaters

Play and recreation areas

Employee areas

Facilities, sites and spaces exempted by s. 203.

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.

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.

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.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify the applications of the Florida vertical accessibility requirements in relation to ADA standards.

201.2 Application Based on Building or Facility Use. Where a site, building, facility, room, or space contains more than one use, each portion shall comply with the applicable requirements for that use.

Sec.36.401 New construction.

b) Commercial facilities located in private residences. (1) When a commercial facility is located in a private residence, the portion of the residence used exclusively as a residence is not covered by this subpart, but that portion used exclusively in the operation of the commercial facility or that portion used both for the commercial facility and for residential purposes is covered by the new construction and alterations requirements of this subpart.

(2) The portion of the residence covered under paragraph (b)(1) of this section extends to those elements used to enter the commercial facility, including the homeowner's front sidewalk, if any, the door or entryway, and hallways; and those portions of the residence, interior or exterior, available to or used by employees or visitors of the commercial facility, including restrooms.

201.2.1 Commercial facilities and places of public accommodation located in private residences.

201.2.1.1 When a commercial facility or place of public accommodation is located in a private residence, the portion of the residence used exclusively as a residence is not covered by this subpart, but that portion used exclusively in the operation of the commercial facility or that portion used both for the commercial facility and for residential purposes is covered by the new construction and alterations requirements of this subpart.

201.2.2.2 The portion of the residence covered under paragraph (b)(1) of this section extends to those elements used to enter the commercial facility, including the homeowner´s front sidewalk, if any, the door or entryway, and hallways; and those portions of the residence, interior or exterior, available to or used by employees or visitors or customers and clients of the commercial facility, including restrooms.

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Add section 201.2.1 to clarify the application of the Access Code to commercial facilities and place of public accommodation located in private residences as per 28 CFR Part 36.

Sec.36.406 Standards for new construction and alterations.

(b) Scope of coverage. The 1991 Standards and the 2010 Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, the advisory notes, appendix notes, and figures contained in the 1991 Standards and the 2010 Standard explain or illustrate the requirements of the rule; they do not establish enforceable requirements.

201.4 Scope of Coverage. This code applies to fixed or built-in elements of buildings, structures, site improvements and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, advisory notes, appendix notes and figures contained in the code explain or illustrate the requirements; they do not establish enforceable requirements.

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

Add 201.4 to clarify the application of the Access Code to building elements and site surrounding the building.

202.3 Alterations. Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2.EXCEPTIONS:

1. Unless required by 202.4, where elements or spaces are altered and the circulation path to the altered element or space is not altered, an accessible route shall not be required.

2. In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible.

3. Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended, shall not be required to comply with 202.3.

Sec.36.402 Alterations.

(b) Alteration. For the purposes of this part, an alteration is a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part thereof.

(2) If existing elements, spaces, or common areas are altered, then each such altered element, space, or area shall comply with the applicable provisions of appendix A to this part.

202.3 Alterations. Where existing elements or spaces or common areas are altered, each altered element space or area shall comply with the applicable requirements of Chapter 2 and section 201.1.1. See Section 208.1 for existing parking.

EXCEPTIONS: 1. Unless required by 202.4, where elements or spaces are altered and the circulation path to the altered element or space is not altered, an accessible route shall not be required.

2. In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible.

3. Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended, shall not be required to comply with 202.3.

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Florida Specific

Add reference to Florida vertical accessibility requirement for consistency and make clear the referenced exceptions do not preempt vertical accessibility.

Advisory 202.3 Alterations. Although covered entities are permitted to limit the scope of an alteration to individual elements, the alteration of multiple elements within a room or space may provide a cost-effective opportunity to make the entire room or space accessible. Any elements or spaces of the building or facility that are required to comply with these requirements must be made accessible within the scope of the alteration, to the maximum extent feasible. If providing accessibility in compliance with these requirements for people with one type of disability (e.g., people who use wheelchairs) is not feasible, accessibility must still be provided in compliance with the requirements for people with other types of disabilities (e.g., people who have hearing impairments or who have vision impairments) to the extent that such accessibility is feasible.

Florida requirements for existing parking s.553.5041(g), F.S., and vertical accessibility s.553.509, F.S., are incorporated into this general section applicable to alterations. Florida

Requirements may be waived down to the ADA Standards requirements.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add reference to Florida vertical accessibility requirement for consistency and make clear the referenced exceptions do not preempt vertical accessibility.

202.3.3 Barriers at Common or Emergency Entrances and Exists. 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.

Florida Specific

E Equivalent To or Exceeds ADA Provisions

Clarify removal of barriers for building that are existing, under construction, or under contract for construction in accordance with 553.504, Florida Statutes.

202.4 Alterations Affecting Primary Function Areas. In addition to the requirements of 202.3, an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope as determined under criteria established by the Attorney General. In existing transportation facilities, an area of primary function shall be as defined under regulations published by the Secretary of the Department of Transportation or the Attorney General. EXCEPTION: Residential dwelling units shall not be required to comply with 202.4.

Sec.36.403 Alterations: Path of travel.

36.403(c)(2)

(2) For the purposes of this section, alterations to windows, hardware, controls, electrical outlets, and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function.

36.403(a)(2)

(2) If a private entity has constructed or altered required elements of a path of travel at a place of public accommodation or commercial facility in accordance with the specifications in the 1991 Standards, the private entity is not required to retrofit such elements to reflect the incremental changes in the 2010 Standards solely because of an alteration to a primary function area served by that path of travel.

Sec.36.403 Alterations: Path of travel.

36.403(d)

(d) Landlord/tenant: If a tenant is making alterations as defined in Sec.36.402 that would trigger the requirements of this section, those alterations by the tenant in areas that only the tenant occupies do not trigger a path of travel obligation upon the landlord with respect to areas of the facility under the landlord's authority, if those areas are not otherwise being altered.

Sec. 35.151 New construction and alterations

35.151(b)(2)

(2) The path of travel requirements of § 35.151(b)(4) shall apply only to alterations undertaken solely for purposes other than to meet the program accessibility requirements of § 35.150.

35.151(b)(4)(c)

(C) Safe harbor. If a public entity has constructed or altered required elements of a path of travel in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standards before March 15, 2012, the public entity is not required to retrofit such elements to reflect incremental changes in the 2010 Standards solely because of an alteration to a primary function area served by that path of travel.

202.4 Alterations Affecting Primary Function Areas. In addition to the requirements of 202.3, an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost pursuant to 202.4.1. Alterations to windows, hardware, controls, electrical outlets, and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function.

EXCEPTION: 1. Residential dwelling units shall not be required to comply with 202.4 1. Residential dwelling units shall not be required to comply with 202.4.

2. If a private entity has constructed or altered required elements of a path of travel at a place of public accommodation or commercial facility in accordance with the specifications in the 1994 or 1997 Florida Accessibility Code, the private entity is not required to retrofit such elements to reflect incremental changes in the proposed standards solely because of an alteration to a primary function area served by that path of travel.

3. The path of travel requirements shall not apply to measures taken solely to comply with barrier removal requirements.

4. If a public entity has constructed or altered required elements of a path of travel in accordance with the specifications in either the 1994 or 1997 Florida Accessibility Code or the Uniform Federal Accessibility Standards, as an equivalent facilitation, before March 15, 2012, the public entity is not required to retrofit such elements to reflect incremental changes in this code solely because of an alteration to a primary function area served by that path of travel.

5. The path of travel requirement shall not apply to alterations undertaken solely for purposes of meeting the public entity program accessibility requirements of § 35.150, 28 CFR 35.

6. If a tenant is making alterations that would trigger the requirements of this section, those alterations by the tenant in areas that only the tenant occupies do not trigger a path of travel obligation upon the landlord with respect to areas of the facility under the landlord´s authority, if those areas are not otherwise being altered.

In existing transportation facilities, an area of primary function shall be as defined under regulations published by the Secretary of the Department of Transportation or the Attorney General. (See definition of primary function.)

Notwithstanding the requirements of this section, section 201.1.1 shall apply.

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

28 CFR, Part 35 (2010) DOJ Title II

Incorporated from 49 CFR, Part 37 (2006) DOT Transportation Facilities

28 CFR Part 36(2010) DOJ Title III

Clarify list of alterations that may affect usability of or access to an area containing a primary function.

Clarify the safe harbor provisions to alteration affecting primary function areas.

Clarify that path of travel requirements do not apply barrier removal.

Clarify that path of travel compliance of a facility is not required when alteration is done specific to a tenant.

Add reference to Florida vertical accessibility requirements for consistency and make clear the given provisions do not preempt vertical accessibility.

Advisory 202.4 Alterations Affecting Primary Function Areas. An area of a building or facility containing a major activity for which the building or facility is intended is a primary function area. Department of Justice ADA regulations state, “Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area.” (28 CFR 36.403 (f)(1)). See also Department of Transportation ADA regulations, which use similar concepts in the context of public sector transportation facilities (49 CFR 37.43 (e)(1)).There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas. For example, both a bank lobby and the bank’s employee areas such as the teller areas and walk-in safe are primary function areas.

Sec.36.403 Alterations: Path of travel.

36.403©

(c) Alterations to an area containing a primary function. (1) Alterations that affect the usability of or access to an area containing a primary function include, but are not limited to --

(i) Remodeling merchandise display areas or employee work areas in a department store;

(ii) Replacing an inaccessible floor surface in the customer service or employee work areas of a bank;

(iii) Redesigning the assembly line area of a factory; or

(iv) Installing a computer center in an accounting firm.

Advisory 202.4 Alterations Affecting Primary Function Areas. An area of a building or facility containing a major activity for which the building or facility is intended is a primary function area. Department of Justice ADA regulations state, “Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area.” (28 CFR 36.403 (f)(1)). See also Department of Transportation ADA regulations, which use similar concepts in the context of public sector transportation facilities (49 CFR 37.43 (e)(1)). There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas. For example, both a bank lobby and the bank’s

employee areas such as the teller areas and walk-in safe are primary function areas. Also, mixed use facilities may include numerous primary function areas for each use. Areas

containing a primary function do not include: mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, or

restrooms.

DOJ regulation 28 CFR 36.403(c) gives the following examples of alterations that effect the usability of or access to an area containing a primary function. Such areas include but are not

limited to: remodeling merchandise display areas or employee work areas in a department store; replacing an inaccessible floor surface in the customer service or employee work areas

of a bank; redesigning the assembly line area of a factory; or, installing a computer center in an accounting firm.

Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1 of the code, apply to the path of travel upgrades required by 202.4. Florida requirements

may be waived down to the ADA Standards requirements.

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Florida specific

Clarify the applications of the Florida vertical accessibility requirements in relation to ADA standards.

Sec.36.403 Alterations: Path of travel.

36.403(f)

(iii) Disproportionality.

 (A) Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20 % of the cost of the alteration to the primary function area.

 (B) Costs that may be counted as expenditures required to provide an accessible path of travel may include:

 (1) Costs associated with providing an accessible entrance and an

accessible route to the altered area, for example, the cost of widening

doorways or installing ramps;

 (2) Costs associated with making restrooms accessible, such as

installing grab bars, enlarging toilet stalls, insulating pipes, or

installing accessible faucet controls;

 (3) Costs associated with providing accessible telephones, such as

relocating the telephone to an accessible height, installing

amplification devices, or installing a text telephone (TTY); and

 (4) Costs associated with relocating an inaccessible drinking

fountain.

36.403(g)

(iv) Duty to provide accessible features in the event of disproportionality.

 (A) When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.

 (B) In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following

order—

 (1) An accessible entrance;

 (2) An accessible route to the altered area;

 (3) At least one accessible restroom for each sex or a single unisex

restroom;

 (4) Accessible telephones

(5) Accessible drinking fountains; and

 (6) When possible, additional accessible elements such as parking, storage, and alarms.

36.403(h)

(v) Series of smaller alterations.

 (A) The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking.

 (B)

 (1) If an area containing a primary function has been altered

without providing an accessible path of travel to that area, and

subsequent alterations of that area, or a different area on the same

path of travel, are undertaken within three years of the original

alteration, the total cost of alterations to the primary function

areas on that path of travel during the preceding three-year

period shall be considered in determining whether the cost of

making that path of travel accessible is disproportionate.

 (2) Only alterations undertaken on or after March 15, 2011, shall

be considered in determining if the cost of providing an accessible

path of travel is disproportionate to the overall cost of the alterations.

202.4.1 Disproportionate Cost. Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area. Costs that may be counted as expenditures required to provide an accessible path of travel may include: (i) costs associated with providing an accessible entrance and an accessible route to the altered area; (ii) costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls; (iii) costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a text telephone (TTY); (iv) costs associated with relocating an inaccessible drinking fountain.

202.4.2 Accessible Features in the Event of Disproportionality. When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs. In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order: (i) an accessible entrance; (ii) an accessible route to the altered area; (iii) at least one accessible restroom for each sex or a single unisex restroom; (iv) accessible telephones; (v) accessible drinking fountains; and (vi) when possible, additional accessible elements such as parking, storage, and alarms.

202.4.3 Series of smaller alterations. The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking.

202.4.3.1 If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on the same path of travel, are undertaken within three years of the original alteration, the total cost of alterations to the primary function areas on that path of travel during the preceding three year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate.

202.4.3.2 Only alterations undertaken after January 26, 1992, shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost of the alterations.

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

28 CFR Part 36(2010) DOJ Title III

Add provisions for disproportionate cost as per 28 CFR.

202.5 Alterations to Qualified Historic Buildings and Facilities. Alterations to a qualified historic building or facility shall comply with 202.3 and 202.4.EXCEPTION: Where the State Historic Preservation Officer or Advisory Council on Historic Preservation determines that compliance with the requirements for accessible routes, entrances, or toilet facilities would threaten or destroy the historic significance of the building or facility, the exceptions for alterations to qualified historic buildings or facilities for that element shall be permitted to apply.

Sec.36.405 Alterations: Historic preservation.

36.405(a)

(3)

 (i) Alterations to historic properties shall comply, to the maximum extent feasible, with the provisions applicable to historic properties in the design standards specified in § 35.151(c).

202.5 Alterations to Qualified Historic Buildings and Facilities. Alterations to a qualified historic building or facility shall comply with 202.3 and 202.4 to the maximum extent feasible.

EXCEPTION: Where the State Historic Preservation Officer or Advisory Council on Historic Preservation determines that compliance with the requirements for accessible routes, entrances, or toilet facilities would threaten or destroy the historic significance of the building or facility, the exceptions for alterations to qualified historic buildings or facilities for that element shall be permitted to apply.

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

28 CFR Part 36(2010) DOJ Title III

Clarify the scope of alteration for historic buildings as per 28 CFR.

Sec.36.304 Removal of barriers.

(d) Relationship to alterations requirements of subpart D of this part. (1) Except as provided in paragraph (d)(3) of this section, measures taken to comply with the barrier removal requirements of this section shall comply with the applicable requirements for

alterations in Sec. 36.402 and Sec. Sec. 36.404 through 36.406 of this part for the element being altered. The path of travel requirements of Sec. 36.403 shall not apply to measures taken solely to comply with the barrier removal requirements of this section.

3) If, as a result of compliance with the alterations requirements specified in paragraph (d)(1) of this section, the measures required to remove a barrier would not be readily achievable, a public accommodation may take other readily achievable measures to remove the barrier that do not fully comply with the specified requirements. Such measures include, for example, providing a ramp with a steeper slope or widening a doorway to a narrower width than that mandated by the alterations requirements. No measure shall be taken, however, that poses a significant risk to the health or safety of individuals with disabilities or others.

202.6 Architectural Barrier Removal. Removal of architectural barriers, pursuant to 28 C.F.R. s. 36.304, from buildings, structures or facilities shall comply with this code’s requirements for alterations 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.

202.6.1 Measures taken to comply with federal barrier removal requirements shall comply with the applicable requirements for Alterations for the element being altered.

EXCEPTION: 1. The path of travel requirements of 202.4 shall not apply to measures taken solely to comply with federal architectural barrier removal requirements.

2. If the measures required to remove a barrier would not be readily achievable, a public accommodation may take other readily achievable measures to remove the barrier that do not fully comply with the specified requirements. Such measures include but are not limited to providing a ramp with a steeper slope or widening a doorway to a narrower width than that mandated by the alterations requirements. No measure shall be taken that poses a significant risk to the health or safety of individuals with disabilities or others.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

28 CFR Part 36(2010) DOJ Title III

Clarify the application of the Access code to removal of barriers in existing facilities in accordance with DOJ regulation.

Sec.36.401 New construction.

36.401(c)

(2) Exception for structural impracticability.

 (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in

those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features.

 (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable.

 (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental

impairments) in accordance with this section.

203.15 Structural impracticability.

203.15.1 Full compliance with the requirements of this section is not required where an entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features.

203.15.2 If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable.

203.15.3 If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

28 CFR Part 36(2010) DOJ Title III

Clarify “structural impracticability” as per 28 CFR.

206.2.3 Multi-Story Buildings and Facilities. At least one accessible route shall connect each storyand mezzanine in multi-story buildings and facilities.EXCEPTIONS: 1. In private buildings or facilities that are less than three stories or that have less than 3000 square feet (279 m2) per story, an accessible route shall not be required to connect stories provided that the building or facility is not a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot or other station used for specified public transportation, an airport passenger terminal, or another type of facility as determined by the Attorney General.

2. Where a two story public building or facility has one story with an occupant load of five or fewer persons that does not contain public use space, that story shall not be required to be connected to the story above or below.

3. In detention and correctional facilities, an accessible route shall not be required to connect stories where cells with mobility features required to comply with 807.2, all common use areas serving cells with mobility features required to comply with 807.2, and all public use areas are on an accessible route.

4. In residential facilities, an accessible route shall not be required to connect stories where residential dwelling units with mobility features required to comply with 809.2 through 809.4, all common use areas serving residential dwelling units with mobility features required to comply with 809.2 through 809.4, and public use areas serving residential dwelling units are on an accessibleroute.

5. Within multi-story transient lodging guest rooms with mobility features required to comply with 806.2, an accessible route shall not be required to connect stories provided that spaces complying with 806.2 are on an accessible route and sleeping accommodations for two persons minimum are provided on a story served by an accessible route.

6. In air traffic control towers, an accessible route shall not be required to serve the cab and the floor immediately below the cab.

7. Where exceptions for alterations to qualified historic buildings or facilities are permitted by 202.5, an accessible route shall not be required to stories located above or below the accessible story.

206.2.3 Multi-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. Reserved.

2. Reserved.

3. Reserved.

4. Reserved.

5. Reserved.

6. Reserved.

7. Reserved.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Eliminate exceptions that directly conflict with Florida vertical accessibility requirements.

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 document. 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.

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.

Advisory 206.2.3Multi-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.

Advisory 206.2.3 Multi-Story Buildings and Facilities Exceptions.

Exceptions 1 – 7 are preempted by Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1. Florida requirements may be waived down to the

ADA Standards requirements.

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.

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).

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.

E Equivalent To or Exceeds ADA Provisions

Florida specific

Clarify the applications of the Florida vertical accessibility requirements in relation to ADA standards.

206.2.4 Spaces and Elements. At least one accessible route shall connect accessible building or facility entrances with all accessible spaces and elements within the building or facility which are otherwise connected by a circulation path unless exempted by 206.2.3 Exceptions 1 through 7.EXCEPTIONS: 1. Raised courtroom stations, including judges' benches, clerks' stations, bailiffs' stations, deputy clerks' stations, and court reporters' stations shall not be required to provide vertical access provided that the required clear floor space, maneuvering space, and, if appropriate, electrical service are installed at the time of initial construction to allow future installation of a means of vertical access complying with 405, 407, 408, or 410 without requiring substantial reconstruction of the space.2. In assembly areas with fixed seating required to comply with 221, an accessible route shall not be required to serve fixed seating where wheelchair spaces required to be on an accessible route are not provided.3. Accessible routes shall not be required to connect mezzanines where buildings or facilities have no more than one story. In addition, accessible routes shall not be required to connect stories or mezzanines where multi-story buildings or facilities are exempted by 206.2.3 Exceptions 1 through 7.

Advisory 206.2.4 Spaces and Elements. Accessible routes must connect all spaces and elements required to be accessible including, but not limited to, raised areas and speaker platforms.

Advisory 206.2.4 Spaces and Elements Exception 1. The exception does not apply to areas that are likely to be used by members of the public who are not employees of the court such as jury areas, attorney areas, or witness stands.

206.2.4 Spaces and Elements. At least one accessible route shall connect accessible building or facility entrances with all accessible spaces and elements within the building or facility which are otherwise connected by a circulation path unless exempted by 206.2.3 Exceptions 1 through 7.

Notwithstanding the requirements and exceptions of this section, section 201.1.1 shall apply.

EXCEPTIONS: 1. Reserved.

2. Reserved.

3. Reserved.

Advisory 206.2.4 Spaces and Elements. Accessible routes must connect all spaces and elements required to be accessible including, but not limited to, raised areas and speaker platforms.

Advisory 206.2.4 Spaces and Elements Exceptions. Exceptions 1 – 3 are preempted by Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1. Florida requirements may be waived down to the ADA Standards requirements.

Note: The following ADAAG Advisory on Exceptions 1 to 206.2.4 is retained for consideration when waiving Florida Vertical Accessibility requirements down to ADA Standards for Accessible Design.

Advisory 206.2.4 Spaces and Elements Exception 1. The exception does not apply to areas that are likely to be used by members of the public who are not employees of the court

such as jury areas, attorney areas, or witness stands.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Eliminate exceptions that directly conflict with Florida vertical accessibility requirements.

Florida specific

206.2.5 Restaurants and Cafeterias. In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunken dining areas, and outdoor dining areas.

EXCEPTIONS: 1. In buildings or facilities not required to provide an accessible route between stories, an accessible route shall not be required to a mezzanine dining area where the mezzanine contains less than 25 percent of the total combined area for seating and dining and where the same decor and services are provided in the accessible area.

2. In alterations, an accessible route shall not be required to existing raised or sunken dining areas, or to all parts of existing outdoor dining areas where the same services and decor are provided in an accessible space usable by the public and not restricted to use by people with disabilities.

3. In sports facilities, tiered dining areas providing seating required to comply with 221 shall be required to have accessible routes serving at least 25 percent of the dining area provided that accessible routes serve seating complying with 221 and each tier is provided with the same services.

206.2.5 Restaurants and Cafeterias. In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunken dining areas, and outdoor dining areas.

Notwithstanding the requirements and exceptions of this section, section 201.1.1 shall apply.

EXCEPTIONS: 1. Reserved.

2. Reserved.

3. Reserved.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Eliminate exceptions that directly conflict with Florida vertical accessibility requirements.

Advisory 206.2.5 Restaurants and Cafeterias Exception 2. Examples of “same services” include, but are not limited to, bar service, rooms having smoking and non-smoking sections, lotto and other table games, carry-out, and buffet service. Examples of “same decor” include, but are not limited to, seating at or near windows and railings with views, areas designed with a certain theme, party and banquet rooms, and rooms where entertainment is provided.

Advisory 206.2.5 Restaurants and Cafeterias Exceptions. Exceptions 1 – 3 are preempted by Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1. Florida requirements may be waived down to the ADA Standards requirements.

Advisory 206.2.5 Restaurants and Cafeterias Exception 2. Examples of “same services” include, but are not limited to, bar service, rooms having smoking and non-smoking sections,

lotto and other table games, carry-out, and buffet service. Examples of “same decor” include, but are not limited to, seating at or near windows and railings with views, areas designed with a certain theme, party and banquet rooms, and rooms where entertainment is provided.

E Equivalent To or Exceeds ADA Provisions

Clarify the applications of the Florida vertical accessibility requirements in relation to ADA standards.

206.2.6 Performance Areas. Where a circulation path directly connects a performance area to an assembly seating area, an accessible route shall directly connect the assembly seating area with the performance area. An accessible route shall be provided from performance areas to ancillary areas or facilities used by performers unless exempted by 206.2.3 Exceptions 1 through 7.

206.2.7 Press Boxes. Press boxes in assembly areas shall be on an accessible route.

EXCEPTIONS: 1. An accessible route shall not be required to press boxes in bleachers that have points of entry at only one level provided that the aggregate area of all press boxes is 500 square feet (46 m2) maximum.

2. An accessible route shall not be required to free-standing press boxes that are elevated above grade 12 feet (3660 mm) minimum provided that the aggregate area of all press boxes is 500 square feet (46 m2) maximum.

Notwithstanding the requirements of this section, section 201.1.1 shall apply.

206.2.7 Press Boxes. Press boxes in assembly areas shall be on an accessible route.

Notwithstanding the requirements and exceptions of this section, section 201.1.1 shall apply.

EXCEPTIONS: 1. Reserved.

2. Reserved.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Eliminate exceptions that directly conflict with Florida vertical accessibility requirements.

Advisory 206.2.7 Press Boxes Exception 2. Where a facility contains multiple assembly areas, the aggregate area of the press boxes in each assembly area is to be calculated separately. For example, if a university has a soccer stadium with three press boxes elevated 12 feet (3660 mm) or more above grade and each press box is 150 square feet (14 m2), then the aggregate area of the soccer stadium press boxes is less than 500 square feet (46 m2) and Exception 2 applies to the soccer stadium. If that same university also has a football stadium with two press boxes elevated 12 feet (3660 mm) or more above grade and one press box is 250 square feet (23 m2), and the second is 275 square feet (26 m2), then the aggregate area of the football stadium press boxes is more than 500 square feet (46 m2) and Exception 2 does not apply to the football stadium.

Advisory 206.2.7 Press Boxes. Exceptions 1 – 3 are preempted by Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1. Florida requirements may be waived down to the ADA Standards requirements.

Advisory 206.2.7 Press Boxes, Exception 2. Where a facility contains multiple assembly areas, the aggregate area of the press boxes in each assembly area is to be calculated separately.

For example, if a university has a soccer stadium with three press boxes elevated 12 feet (3660 mm) or more above grade and each press box is 150 square feet (14 m2), then the

aggregate area of the soccer stadium press boxes is less than 500 square feet (46 m2) and Exception 2 applies to the soccer stadium. If that same university also has a football stadium

with two press boxes elevated 12 feet (3660 mm) or more above grade and one press box is 250 square feet (23 m2), and the second is 275 square feet (26 m2), then the aggregate area of the football stadium press boxes is more than 500 square feet (46 m2) and Exception 2 does not apply to the football stadium.

E Equivalent To or Exceeds ADA Provisions

Florida specific

Clarify the applications of the Florida vertical accessibility requirements in relation to ADA standards.

206.3 Location. Accessible routes shall coincide with or be located in the same area as general circulation paths. Where circulation paths are interior, required accessible routes shall also be interior.

206.3 Location--Modification to 206.3 of Appendix B to 36 CFR Part 1191 Accessible routes shall coincide with, or be located in the same
area as general circulation paths. Where circulation paths are interior,
required accessible routes shall also be interior. Elements such as
ramps, elevators, or other circulation devices, fare vending or other
ticketing areas, and fare collection areas shall be placed to minimize
the distance which wheelchair users and other persons who cannot
negotiate steps may have to travel compared to the general public.

For transportation facilities subject to Department of Transportation regulation 49 CFR 37.21, elements such as ramps, elevators, or other circulation devices, fare vending or other ticketing areas, and fare collection areas shall be placed to minimize the distance which wheelchair users and other persons who cannot negotiate steps may have to travel compared to the general public

E Equivalent To or Exceeds ADA Provisions

Incorporated from 49 CFR, Part 37 (2006) DOT Transportation Facilities

Clarify location of accessible routs as per 49 CFR

206.4.1 Public Entrances. In addition to entrances required by 206.4.2 through 206.4.9, at least 60 percent of all public entrances shall comply with 404.

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.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify barrier removal at public entrances as per FS.

206.5 Doors, Doorways, and Gates. Doors, doorways, and gates providing user passage shall be provided in accordance with 206.5.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify barrier removal at public entrances as per FS.

207 Accessible Means of Egress207.1 General. Means of egress shall comply with section 1003.2.13 of the International Building Code (2000 edition and 2001 Supplement) or section 1007 of the International Building Code (2003 edition) (incorporated by reference, see “Referenced Standards” in Chapter 1).EXCEPTIONS: 1. Where means of egress are permitted by local building or life safety codes to share a common path of egress travel, accessible means of egress shall be permitted to share a common path of egress travel.2. Areas of refuge shall not be required in detention and correctional facilities.

207 Accessible Means of Egress

207.1 General. Means of egress shall comply with section 1003.2.13 of the International Building Code (2000 edition and 2001 Supplement) or section 1007 of the International Building Code (2003 edition) (incorporated by reference, see “Referenced Standards” in Chapter 1).

EXCEPTIONS: 1. Where means of egress are permitted by local building or life safety codes to share a common path of egress travel, accessible means of egress shall be permitted to share a common path of egress travel.

2. Areas of refuge shall not be required in detention and correctional facilities.

207.1.1 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.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

553.504(6), FS

Clarify barrier removal at public entrances as per FS.

208 Parking Spaces

208.1 General. Where parking spaces are provided, parking spaces shall be provided in accordance with 208.EXCEPTION: Parking spaces used exclusively for buses, trucks, other delivery vehicles, law enforcement vehicles, or vehicular impound shall not be required to comply with 208 provided that lots accessed by the public are provided with a passenger loading zone complying with 503.

208 Parking Spaces

208.1 General. Where parking spaces are provided, parking spaces shall be provided in accordance with 208. See section 502.5 requirements for van parking in structures.

EXCEPTION: Parking spaces used exclusively for buses, trucks, other delivery vehicles, law enforcement vehicles, or vehicular impound shall not be required to comply with 208 provided that lots accessed by the public are provided with a passenger loading zone complying with 503.

208.1.1 The removal of architectural barriers from a parking facility in accordance with 28 C.F.R. Section 36.304 or with Section 553.508, F. S., 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 such persons to the alternative parking if readily achievable. The facility may not reduce the required number or dimensions of those spaces or 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.

208.1.2 A facility that is making alterations under section 202 as required by s.303(a) of the Americans with Disabilites Act of 1990 must comply with section 208 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 such persons to alternative parking. The facility may not reduce the required number or dimensions of those spaces, or 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 others.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

553.5041(5)(e1), FS

Add provisions for removal of architectural barriers from a parking facility as per FS.

553.5041(5)(e2), FS

208.2 Minimum Number. Parking spaces complying with 502 shall be provided in accordance with Table 208.2 except as required by 208.2.1, 208.2.2, and 208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility.

208.2 Minimum Number. Parking spaces complying with 502 shall be provided in accordance with Table 208.2 except as required by 208.2.1, 208.2.2, and 208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility.

The number of parking spaces for persons who have disabilities must be increased on the basis of demonstrated and documented need.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify number of parking spaces required in accordance with 553.5041, Florida Statutes.

208.2 Minimum Number. Parking spaces complying with 502 shall be provided in accordance with Table 208.2 except as required by 208.2.1, 208.2.2, and 208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility.

The number of parking spaces for persons who have disabilities must be increased on the basis of demonstrated and documented need.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify number of parking spaces required in accordance with 553.5041, Florida Statutes.

208.2.4 Van Parking Spaces. For every six or fraction of six parking spaces required by 208.2 to comply with 502, at least one shall be a van parking space complying with 502.

208.2.4 Van Parking Spaces. Where van parking is provided pursuant to section 502.2, for every six or fraction of six parking spaces required by 208.2 to comply with 502, at least one shall be a van parking space complying with 502.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify the requirements for van parking.

208.2.5 Parking Spaces Provided by State Agencies and Political Subdivisions.

208.2.5.1 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 parking for the public is not provided on the premises of the building.

208.2.5.2 There must be one accessible parking space for each 150 metered on-street parking spaces provided by state agencies and political subdivisions.

Exception: 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.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add FS requirements for parking spaces provided by state agencies and political subdivisions.

208.3 Location. Parking facilities shall comply with 208.3208.3.1 General. Parking spaces complying with 502 that serve a particular building or facility shall be located on the shortest accessible route from parking to an entrance complying with 206.4. Where parking serves more than one accessible entrance, parking spaces complying with 502 shall be dispersed and located on the shortest accessible route to the accessible entrances. In parking

facilities that do not serve a particular building or facility, parking spaces complying with 502 shall be located on the shortest accessible route to an accessible pedestrian entrance of the parking facility.

EXCEPTIONS: 1. All van parking spaces shall be permitted to be grouped on one level within a multi-story parking facility.

2. Parking spaces shall be permitted to be located in different parking facilities if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance or entrances, parking fee, and user convenience.

208.3 Location. Parking facilities shall comply with 208.3

208.3.1 General. Designated accessible 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. Parking spaces complying with 502 that serve a particular building or facility shall be located on the shortest accessible route from parking to an entrance complying with 206.4. All spaces must be located on an accessible route that is at least 44 inches (1118 mm) wide and so that users are not compelled to walk or wheel behind parked vehicles except behind his or her own vehicle. Where parking serves more than one accessible entrance, parking spaces complying with 502 shall be dispersed and located on the shortest accessible route to the accessible entrances. If there are multiple entrances for multiple retail stores the parking spaces must be dispersed to provide parking at the nearest accessible entrance. In parking facilities that do not serve a particular building or facility, parking spaces complying with 502 shall be located on the shortest accessible route to an accessible pedestrian entrance of the parking facility.

EXCEPTIONS: 1. All van parking spaces shall be permitted to be grouped on one level within a multi-story parking facility.

2. Parking spaces shall be permitted to be located in different parking facilities if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance or entrances, parking fee, and user convenience.

3. If a theme park or an entertainment complex 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 accessible route to an accessible entrance to the theme park or entertainment complex or to transportation to such an accessible entrance.

4. A theme park or an entertainment complex 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 Sections 208 and 502 of the ADA Standards for Accessible Design.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add parking facilities requirements as per FS.

553.5041(5)(c3), FS

Advisory 208.3.1 General Exception 2. Factors that could affect “user convenience” include, but are not limited to, protection from the weather, security, lighting, and comparative maintenance of the alternative parking site.

Advisory 208.3.1 General Exception 2. Factors that could affect “user convenience” include, but are not limited to, protection from the weather, security, lighting, and comparative

Maintenance of the alternative parking site.

Florida law adds dispersion requirements for accessible parking where multiple parking areas are provided and for multiple entrances for multiple retail stores. Accessible routes from accessible parking to accessible entrances are required to be 44 inches wide minimum. Exceptions are established for the Florida specific requirements only (indicated by gray shading) for theme parks and entertainment complexes by added exceptions 3 and 4.

E Equivalent To or Exceeds ADA Provisions

Florida specific

Clarify Florida requirements for parking spaces as stated above.

221 Assembly Areas

221.1 General. Assembly areas shall provide wheelchair spaces, companion seats, and designated aisle seats complying with 221 and 802. In addition, lawn seating shall comply with 221.5.

221.2 Wheelchair Spaces. Wheelchair spaces complying with 221.2 shall be provided in

221 Assembly Areas

221.1 General. Assembly areas shall provide wheelchair spaces, companion seats, and designated aisle seats complying with 221 and 802. In addition, lawn seating shall comply with 221.5.

221.1.1 Florida Vertical Accessibility. Nothing in this code relives the owner of any building, structure, or facility governed by this code from the duty to provide vertical accessibility to all levels above and below the occupiable grade level, regardless of whether the ADA Standards for Accessible Design require an elevator to be installed in such building, structure or facility.

Exception. Theaters, concert halls, and stadiums, or other large assembly areas that have stadium-style seating or tiered seating if the requirements of sections 221 and 802 are met.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add provisions for vertical accessibility as per FS.

221.5 Lawn Seating. Lawn seating areas and exterior overflow seating areas, where fixed seats are not provided, shall connect to an accessible route.

Sec.36.406 Standards for new construction and alterations

36.406(f)

(f) Assembly areas. Assembly areas that are subject to this part shall comply with the provisions of the 2010 Standards applicable to assembly areas, including, but not limited to, sections 221 and 802. In addition, assembly areas shall ensure that--

(1) In stadiums, arenas, and grandstands, wheelchair spaces and companion seats are dispersed to all levels that include seating served by an accessible route;

(2) In assembly areas that are required to horizontally disperse wheelchair spaces and companion seats by section 221.2.3.1 of the 2010 Standards and that have seating encircling, in whole or in part, a field of play or performance, wheelchair spaces and companion seats are dispersed around that field of play or performance area;

(3) Wheelchair spaces and companion seats are not located on (or obstructed by) temporary platforms or other movable structures, except that when an entire seating section is placed on temporary platforms or other movable structures in an area where fixed seating is not provided, in order to increase seating for an event, wheelchair spaces

and companion seats may be placed in that section. When wheelchair spaces and companion seats are not required to accommodate persons eligible for those spaces and seats, individual, removable seats may be placed in those spaces and seats;

221.5 Lawn Seating. Lawn seating areas and exterior overflow seating areas, where fixed seats are not provided, shall connect to an accessible route.

221.6 Stadiums, Arenas, and Grandstands. Wheelchair spaces and companion seats shall be dispersed to all levels that include seating served by an accessible route.

221.7 Seating Encircling A Field of Play or Performance. In assembly areas that are required to horizontally disperse wheelchair spaces and companion seats by section 221.2.3.1 and that have seating encircling, in whole or in part, a field of play or performance, wheelchair spaces and companion seats shall be dispersed around that field of play or performance area.

221.8 Temporary Platforms or Other Movable Structures. Wheelchair spaces and companion seats shall not be located on (or obstructed by) temporary platforms or other movable structures, except that when an entire seating section is placed on temporary platforms or other movable structures in an area where fixed seating is not provided, in order to increase seating for an event, wheelchair spaces and companion seats may be placed in that section. When wheelchair spaces and companion seats are not required to accommodate persons eligible for those spaces and seats, individual, removable seats may be placed in those spaces and seats.

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010) DOJ Title II & Title III

Add provisions for lawn seating as per 28 CFR.

28 CFR Part 36(2010) DOJ Title III

Sec.36.406 Standards for new construction and alterations

36.406(f)(4)

(4) In stadium-style movie theaters, wheelchair spaces and companion seats are located on a riser or cross-aisle in the stadium section that satisfies at least one of the following criteria—

(i) It is located within the rear 60% of the seats provided in an auditorium; or

(ii) It is located within the area of an auditorium in which the vertical viewing angles (as measured to the top of the screen) are from the 40th to the 100th percentile of vertical viewing angles for all seats as ranked from the seats in the first row (1st percentile) to seats in the back row (100th percentile).

221.9 Stadium Style Movie Theaters. Wheelchair spaces and companion seats shall be located on a riser or cross-aisle in the stadium section that satisfies at least one of the following criteria: (i) It is located within the rear 60% of the seats provided in an auditorium; or (ii) It is located within the area of an auditorium in which the vertical viewing angles (as measured to the top of the screen) are from the 40th to the 100th percentile of vertical viewing angles for all seats as ranked from the seats in the first row (1st percentile) to seats in the back row (100th percentile).

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Add provisions for lawn seating as per 28 CFR.

222 Dressing, Fitting, and Locker Rooms222.1 General. Where dressing rooms, fitting rooms, or locker rooms are provided, at least 5 percent, but no fewer than one, of each type of use in each cluster provided shall comply with 803.EXCEPTION: In alterations, where it is technically infeasible to provide rooms in accordance with 222.1, one room for each sex on each level shall comply with 803. Where only unisex rooms are provided, unisex rooms shall be permitted.

222 Dressing, Fitting, and Locker Rooms

222.1 General. Where dressing rooms, fitting rooms, or locker rooms are provided, at least 5 percent, but no fewer than one, of each type of use in each cluster provided shall comply with 803.

Notwithstanding the requirements of this section, section 201.1.1 shall apply.

EXCEPTION: In alterations, where it is technically infeasible to provide rooms in accordance with 222.1, one room for each sex on each level shall comply with 803. Where only unisex rooms are provided, unisex rooms shall be permitted.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add reference to Florida vertical accessibility requirements.

dressing, fitting, and locker rooms should provide people with disabilities rooms that are equally private and convenient to those provided others. For example, in a physician’s office, if people without disabilities must traverse the full length of the office suite in clothing other than their street clothes, it is acceptable for people with disabilities to be asked to do the same.

Advisory 222.1 General. A “cluster” is a group of rooms proximate to one another. Generally, rooms in a cluster are within sight of, or adjacent to, one another. Different styles of design provide users varying levels of privacy and convenience. Some designs include private changing facilities that are close to core areas of the facility, while other designs use space more economically and provide only group dressing facilities. Regardless of the type of facility, dressing, fitting, and locker rooms should provide people with disabilities rooms that are equally private and convenient to those provided others. For example, in a physician’s office, if people without disabilities must traverse the full length of the office suite in clothing other than their street clothes, it is acceptable for people with disabilities to be asked to do the same.

Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1 require vertical access to all levels of rooms. Florida requirements may be waived down to the ADA Standards requirements.

E Equivalent To or Exceeds ADA Provisions

Florida specific

Clarify the applications of the Florida vertical accessibility requirements in relation to ADA standards.

223 Medical Care and Long-Term Care Facilities

223.1 General. In licensed medical care facilities and licensed long-term care facilities where the period of stay exceeds twenty-four hours, patient or resident sleeping rooms shall be provided in accordance with 223.

EXCEPTION: Toilet rooms that are part of critical or intensive care patient sleeping rooms shall not be required to comply with 603.

223 Medical Care and Long-Term Care Facilities

Notwithstanding the requirements of this section, section 201.1.1 shall apply.

EXCEPTION: Toilet rooms that are part of critical or intensive care patient sleeping rooms shall not be required to comply with 603.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add reference to Florida vertical accessibility requirements.

Advisory 223.1 General. Because medical facilities frequently reconfigure spaces to reflect changes in medical specialties, Section 223.1 does not include a provision for dispersion of accessible patient or resident sleeping rooms. The lack of a design requirement does not mean that covered entities are not required to provide services to people with disabilities where accessible rooms are not dispersed in specialty areas. Locate accessible rooms near

core areas that are less likely to change over time. While dispersion is not required, the flexibility it provides can be a critical factor in ensuring cost effective compliance with applicable civil rights laws, including titles II and III of the ADA and Section 504 of the Rehabilitation Act of 1973, as amended. Additionally, all types of features and amenities should be dispersed

among accessible sleeping rooms to ensure equal access to and a variety of choices for all patients and residents.

Advisory 223.1 General. Because medical facilities frequently reconfigure spaces to reflect changes in medical specialties, Section 223.1 does not include a provision for dispersion of

accessible patient or resident sleeping rooms. The lack of a design requirement does not mean that covered entities are not required to provide services to people with disabilities

where accessible rooms are not dispersed in specialty areas. Locate accessible rooms near core areas that are less likely to change over time. While dispersion is not required, the flexibility it provides can be a critical factor in ensuring cost effective compliance with applicable civil rights laws, including titles II and III of the ADA and Section 504 of the Rehabilitation Act of 1973, as amended. Additionally, all types of features and amenities should be dispersed among accessible sleeping rooms to ensure equal access to and a variety of choices for all

patients and residents.

Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1 require vertical access to all levels of facilities. Florida requirements may be waived

down to the ADA Standards requirements.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify the applications of the Florida vertical accessibility requirements in relation to ADA standards.

223.2 Hospitals, Rehabilitation Facilities, Psychiatric Facilities and Detoxification Facilities. Hospitals, rehabilitation facilities, psychiatric facilities and detoxification facilities shall comply with 223.2.

223.2.1 Facilities Not Specializing in Treating Conditions That Affect Mobility. In facilities not specializing in treating conditions that affect mobility, at least 10 percent, but no fewer than one, of the patient sleeping rooms shall provide mobility features complying with 805.

223.2.2 Facilities Specializing in Treating Conditions That Affect Mobility. In facilities specializing in treating conditions that affect mobility, 100 percent of the patient sleeping rooms shall provide mobility features complying with 805.

Sec.36.406 Standards for new construction and alterations.

36.406(g)

(g) Medical care facilities. Medical care facilities that are subject to this part shall comply with the provisions of the 2010 Standards applicable to medical care facilities, including, but not limited to, sections 223 and 805. In addition, medical care facilities that do not specialize in the treatment of conditions that affect mobility shall disperse the accessible patient bedrooms required by section 223.2.1 of the 2010 Standards in a manner that is proportionate by type of medical specialty.

E Equivalent To or Exceeds ADA Provisions

28 CFR, Part 36 (2010) DOJ Title II

Clarify distribution of accessible patient bedrooms as per 28 CFR.

224 Transient Lodging Guest Rooms

224.1 General. Transient lodging facilities shall provide guest rooms in accordance with 224. [See additional requirements for places of lodging at 28 CFR 36.406(c), p. 28. and for housing at a place of education at 28 CFR 35.151(f), p. 11, and 28 CFR 36.406(e), p. 29.]

owned or federally assisted, include certain features of accessible and adaptable design according to guidelines established by the U.S. Department of Housing and Urban Development (HUD). This law and the appropriate regulations should be consulted before proceeding with the design and construction of residential housing.

224 Transient Lodging Guest Rooms

224.1 General. Transient lodging facilities shall provide guest rooms in accordance with 224.

Notwithstanding the requirements of this section, section 201.1.1 shall apply.

Advisory 224.1 General. Certain facilities used for transient lodging, including time shares, dormitories, and town homes may be covered by both these requirements and the Fair Housing Amendments Act. The Fair Housing Amendments Act requires that certain residential structures having four or moremulti-family dwelling units, regardless of whether they are privately owned or federally assisted, include certain features of accessible and adaptable design according to guidelines established by the U.S. Department of Housing and Urban

Development (HUD). This law and the appropriate regulations should be consulted before proceeding with the design and construction of residential housing.

Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1 require vertical access to all levels. Florida requirements may be waived down to the

ADA Standards requirements.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add reference to the Florida vertical accessibility requirements.

Florida Specific

224.2 Guest Rooms with Mobility Features. In transient lodging facilities, guest rooms with mobility features complying with 806.2 shall be provided in accordance with Table 224.2.

Florida Specific – add 5% to the Table 224.2 (2012 Florida Accessibility for Building Construction)

Sec.36.406 Standards for new construction and alterations.

(c) Places of lodging. Places of lodging subject to this part shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806 of the 2010 Standards.

(2) Exception. Alterations to guest rooms in places of lodging where the guest rooms are not owned or substantially controlled by the entity that owns, leases, or operates the overall facility and the physical features of the guest room interiors are controlled by their

individual owners are not required to comply with Sec. 36.402 or the alterations requirements in section 224.1.1 of the 2010 Standards.

(1) Guest rooms. Guest rooms with mobility features in places of lodging subject to the transient lodging requirements of 2010 Standards shall be provided as follows--

(i) Facilities that are subject to the same permit application on a common site that each have 50 or fewer guest rooms may be combined for the purposes of determining the required number of accessible rooms and type of accessible bathing facility in accordance with table 224.2 to section 224.2 of the 2010 Standards.

(ii) Facilities with more than 50 guest rooms shall be treated separately for the purposes of determining the required number of accessible rooms and type of accessible bathing facility in accordance with table 224.2 to section 224.2 of the 2010 Standards.

(3) Facilities with residential dwelling units and transient lodging units. Residential dwelling units that are designed and constructed for residential use exclusively are not subject to the transient lodging standards.

224.6 Places of Lodging. Places of lodging shall comply with the requirements for transient lodging guest rooms in sections 224 and 806.

EXCEPTION: Alterations to guest rooms in places of lodging where the guest rooms are not owned or substantially controlled by the entity that owns, leases, or operates the overall facility and the physical features of the guest room interiors are controlled by their individual owners are not required to comply with § 36.402 or the alterations requirements in section 224.1.1 of the 2010 Standards.

224.6.1 Guest rooms. Guest rooms with mobility features shall be provided as follows: (i) Facilities that are subject to the same permit application on a common site that each have 50 or fewer guest rooms may be combined for the purposes of determining the required number of accessible rooms and type of accessible bathing facility in accordance with table 224.2; (ii) Facilities with more than 50 guest rooms shall be treated separately for the purposes of determining the required number of accessible rooms and type of accessible bathing facility in accordance with table 224.2.

224.6.2 Facilities With Residential Units and Transient Lodging Units. Residential dwelling units that are designed and constructed for residential use exclusively are not subject to the transient lodging standards.

224.6.3 Buildings, Structures, or Facilities Licensed as a Hotel, Motel, or Condominium Pursuant to Chapter 509, F.S. All buildings, structures, or facilities licensed as a hotel, motel, or condominium pursuant to chapter 509, F.S., a number of rooms equaling at least 5 percent of the guest rooms minus the Total Number of Required (accessible) Rooms required by Table 224.2 shall provide special accessibility features of 806.4.

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Florida Specific

Provide provisions for place of lodging as per 28 CFR.

Clarify the accessibility requirements for facilities covered by 509 FS and as required by FS.

Sec.36.406 Standards for new construction and alterations.

36.406

(e) Housing at a place of education. Housing at a place of education that is subject to this section shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not

limited to, the requirements for transient lodging guest rooms in sections 224 and 806 subject to the following exceptions. For the purposes of the application of this section, the term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the transient lodging standards.

(1) Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping

rooms with mobility features shall provide turning spaces that comply with section 809.2.2 of the 2010 Standards and kitchen work surfaces that comply with section 804.3 of the 2010 Standards.

(2) Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in accordance with section 809.2 of the 2010

Standards.

programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards.

224.7 Housing at a place of education. Housing at a place of education shall comply with the requirements for transient lodging guest rooms in sections 224 and 806, subject to the following exceptions. The term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the transient lodging standards.

Exceptions: 1. Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping rooms with mobility features shall provide turning spaces that comply with section 809.2.2 and kitchen work surfaces that comply with section 804.3.

2. Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in accordance with section 809.2

3. Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809.

E Equivalent To or Exceeds ADA Provisions

Common to both 28 CFR, Part 35 and 28 CFR Part 36 (2010)

DOJ Title II & Title III

28 CFR Part 36(2010) DOJ Title III

Add provisions for housing at a place of education as per 28 CFR.

227 Sales and Service227.1 General. Where provided, check-out aisles, sales counters, service counters, food service lines, queues, and waiting lines shall comply with 227 and 904.

227.2 Check-Out Aisles. Where check-out aisles are provided, check-out aisles complying with 904.3 shall be provided in accordance with Table 227.2. Where check-out aisles serve different functions, check-out aisles complying with 904.3 shall be provided in accordance with Table 227.2 for each function. Where check-out aisles are dispersed throughout the building or facility, check-out aisles complying with 904.3 shall be dispersed.

EXCEPTION: Where the selling space is under 5000 square feet (465 m2) no more than one check-out aisle complying with 904.3 shall be required.

227 Sales and Service

227.1 General. Where provided, check-out aisles, sales counters, service counters, food service lines, queues, and waiting lines shall comply with 227 and 904.

Notwithstanding the requirements of this section, section 201.1.1 shall apply.

227.2 Check-Out Aisles. Where check-out aisles are provided, check-out aisles complying with 904.3 shall be provided in accordance with Table 227.2. Where check-out aisles serve different functions, check-out aisles complying with 904.3 shall be provided in accordance with Table 227.2 for each function. Where check-out aisles are dispersed throughout the building or facility, check-out aisles complying with 904.3 shall be dispersed.

EXCEPTION: Where the selling space is under 5000 square feet (465 m2) no more than one check-out aisle complying with 904.3 shall be required.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add reference to Florida vertical accessibility requirements.

231 Judicial Facilities

231.1 General. Judicial facilities shall comply with 231.

231 Judicial Facilities

231.1 General. Judicial facilities shall comply with 231.

Notwithstanding the requirements of this section, section 201.1.1 shall apply.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add reference to Florida vertical accessibility requirements.

Advisory 232.1 General. Detention facilities include, but are not limited to, jails, detention centers, and holding cells in police stations. Correctional facilities include, but are not limited to, prisons, reformatories, and correctional centers.

Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1 require vertical access to all levels of facilities. Florida requirements may be waived

down to the ADA Standards requirements.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add reference to Florida vertical accessibility requirements

232 Detention Facilities and Correctional Facilities

232.1 General. Buildings, facilities, or portions thereof, in which people are detained for penal or correction purposes, or in which the liberty of the inmates is restricted for security reasons shall comply with 232.

232 Detention Facilities and Correctional Facilities

Notwithstanding the requirements of this section, section 201.1.1 shall apply.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add reference to Florida vertical accessibility requirements.

Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1 require vertical access to all levels of facilities. Florida requirements may be waived

down to the ADA Standards requirements.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add reference to Florida vertical accessibility requirements.

232.2.1 Cells with Mobility Features. At least 2 percent, but no fewer than one, of the total number of cells in a facility shall provide mobility features complying with 807.2.

232.2.1.1 Beds. In cells having more than 25 beds, at least 5 percent of the beds shall have clear floor space complying with 807.2.3.

Sec. 35.151 New construction and alterations

(k) Detention and correctional facilities.

o (1) New construction of jails, prisons, and other detention and correctional facilities shall comply with the 2010 Standards except that by public entities shall provide accessible mobility features complying with section 807.2 of the 2010 Standards for a minimum of 3%, but no fewer than one, of the total number of cells in a facility. Cells with mobility features shall be provided in each classification level.

(2) Alterations to detention and correctional facilities. Alterations to jails, prisons, and other detention and correctional facilities shall comply with the 2010 Standards except that by public entities shall provide accessible mobility features complying with section 807.2 of the 2010 Standards for a minimum of 3%, but no fewer than one, of the total number of cells being altered until at least 3%, but no fewer than one, of the total number of cells in a facility

shall provide mobility features complying with section 807.2. Altered cells with mobility features shall be provided in each classification level. However, when alterations are made to

specific cells, detention and correctional facility operators may satisfy their obligation to provide the required number of cells with mobility features by providing the required mobility features in substitute cells (cells other than those where alterations are originally planned), provided that each substitute cell—

 (i) Is located within the same prison site;

 (ii) Is integrated with other cells to the maximum extent feasible;

 (iii) Has, at a minimum, equal physical access as the altered cells to areas used by inmates or detainees for visitation, dining, recreation, educational programs, medical services, work programs, religious services, and participation in other programs that

the facility offers to inmates or detainees; and,

 (iv) If it is technically infeasible to locate a substitute cell within the same prison site, a substitute cell must be provided at another prison site within the corrections system.

232.2.1 Cells with Mobility Features. At least 2 percent, but no fewer than one, of the total number of cells in a facility shall provide mobility features complying with 807.2.

Exception: 1. New construction of jails, prisons, and other detention and correctional facilities by public entities shall provide accessible mobility features complying with section 807.2 for a minimum of 3%, but no fewer than one, of the total number of cells in a facility. Cells with mobility features shall be provided in each classification level.

2. Alterations to detention and correctional facilities. Alterations to jails, prisons, and other detention and correctional facilities by public entities shall provide accessible mobility features complying with section 807.2 for a minimum of 3%, but no fewer than one, of the total number of cells being altered until at least 3%, but no fewer than one, of the total number of cells in a facility shall provide mobility features complying with section 807.2. Altered cells with mobility features shall be provided in each classification level. However, when alterations are made to specific cells, detention and correctional facility operators may satisfy their obligation to provide the required number of cells with mobility features by providing the required mobility features in substitute cells (cells other than those where alterations are originally planned), provided that each substitute cell: (i) is located within the same prison site; (ii) Is integrated with other cells to the maximum extent feasible; (iii) Has, at a minimum, equal physical access as the altered cells to areas used by inmates or detainees for visitation, dining, recreation, educational programs, medical services, work programs, religious services, and participation in other programs that the facility offers to inmates or detainees; and, (iv) If it is technically infeasible to locate a substitute cell within the same prison site, a substitute cell must be provided at another prison site within the corrections system.

E Equivalent To or Exceeds ADA Provisions

28 CFR, Part 35 (2010) DOJ Title II

Clarify calls with mobility features as per 28 CFR.

232.4 Medical Care Facilities. Patient bedrooms or cells required to comply with 223 shall be provided in addition to any medical isolation cells required to comply with 232.3.

Sec. 35.151 New construction and alterations

35.151(k)(3)

(3) With respect to medical and long-term care facilities in jails, prisons, and other detention and correctional facilities, public entities shall apply the 2010 Standards technical and scoping

requirements for those facilities irrespective of whether those facilities are licensed.

232.4 Medical Care Facilities. Patient bedrooms or cells required to comply with 223 shall be provided in addition to any medical isolation cells required to comply with 232.3.

232.4.1 Medical and Long-Term Care Facilities in Jails, Prisons, and Other Detention and Correctional Facilities. Public entities shall comply with 223 irrespective of whether those facilities are licensed.

E Equivalent To or Exceeds ADA Provisions

28 CFR, Part 35 (2010) DOJ Title II

Clarify the provisions of medical care facilities as per 28 CFR.

233 Residential Facilities

233.1 General. Facilities with residential dwelling units shall comply with 233.

233 Residential Facilities

233.1 General. Facilities with residential dwelling units shall comply with 233.

Notwithstanding the requirements of this section, section 201.1.1 shall apply.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add reference to the Florida vertical accessibility requirements.

Advisory 233.1 General. Section 233 outlines the requirements for residential facilities subject to the Americans with Disabilities Act of 1990. The facilities covered by Section 233, as well as other facilities not covered by this section, may still be subject to other Federal laws such as the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973, as amended.

For example, the Fair Housing Act requires that certain residential structures having four or more multi-family dwelling units, regardless of whether they are privately owned or federally assisted, include certain features of accessible and adaptable design according to guidelines established by the U.S. Department of Housing and Urban Development (HUD). These laws and the appropriate regulations should be consulted before proceeding with the design and construction of residential facilities.

Florida law s.553.504(2), F.S., incorporated in section 233.3.6 establishes bathroom requirements for all new single-family houses, duplexes, triplexes, condominiums, and townhouses.

Residential facilities containing residential dwelling units provided by entities subject to HUD’s Section 504 regulations and residential dwelling units covered by Section 233.3 must comply with the technical and scoping requirements in Chapters 1 through 10 included in this code. Section 233 is not a stand-alone section; this section only addresses the minimum number of residential dwelling units within a facility required to comply with Chapter 8. However,

residential facilities must also comply with the requirements of this code. For example: Section 206.5.4 requires all doors and doorways providing user passage in residential dwelling units providing mobility features to comply with Section 404; Section 206.7.6 permits platform lifts to be used to connect levels within residential dwelling units providing mobility features; Section 208 provides general scoping for accessible parking and Section 208.2.3.1

specifies the required number of accessible parking spaces for each residential dwelling unit providing mobility features; Section 228.2 requires mail boxes to be within reach ranges when they serve residential dwelling units providing mobility features; play areas are addressed in Section 240; and swimming pools are addressed in Section 242. There are special provisions applicable to facilities containing residential dwelling units at: Exception 3 to

202.3; Exception to 202.4; 203.8; and Exception 4 to 206.2.3.

Florida law s.553.504(2), F.S., incorporated in section 233.3.6 establishes bathroom requirements for all new single-family houses, duplexes, triplexes, condominiums, and townhouses.

Residential facilities containing residential dwelling units provided by entities subject to HUD’s Section 504 regulations and residential dwelling units covered by Section 233.3 must

comply with the technical and scoping requirements in Chapters 1 through 10 included in this code. Section 233 is not a stand-alone section; this section only addresses the minimum number of residential dwelling units within a facility required to comply with Chapter 8. However, residential facilities must also comply with the requirements of this code. For example:

Section 206.5.4 requires all doors and doorways providing user passage in residential dwelling units providing mobility features to comply with Section 404; Section 206.7.6 permits platform

lifts to be used to connect levels within residential dwelling units providing mobility features; Section 208 provides general scoping for accessible parking and Section 208.2.3.1

specifies the required number of accessible parking spaces for each residential dwelling unit providing mobility features; Section 228.2 requires mail boxes to be within reach ranges

when they serve residential dwelling units providing mobility features; play areas are addressed in Section 240; and swimming pools are addressed in Section 242. There are special provisions applicable to facilities containing residential dwelling units at: Exception 3 to 202.3; Exception to 202.4; 203.8; and Exception 4 to 206.2.3.

Florida vertical accessibility requirements of s.553.509, F.S., as incorporated in section 201.1.1 require vertical access to all levels for accessible units. Florida requirements may be

waived down to the ADA Standards requirements.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify Florida requirements for bathrooms in residential facilities.

Clarify the applications of the Florida vertical accessibility requirements in relation to ADA standards.

233.3.2 Residential Dwelling Units for Sale. Residential dwelling units offered for sale shall provide accessible features to the extent required by regulations issued for Section 504 of the Rehabilitation Act of 1973, as amended.

Sec. 35.151 New construction and alterations

35.151(j)

(j) Facilities with residential dwelling units for sale to individual owners.

o (1) Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities in

the 2010 Standards including sections 233 and 809.

Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities in sections 233 and 809.

E Equivalent To or Exceeds ADA Provisions

28 CFR, Part 35 (2010) DOJ Title II

Clarify residential dwelling units for sale requirements as per 28 CFR.

Sec. 35.151 New construction and alterations

(j) Facilities with residential dwelling units for sale to individual owners.

(2) The requirements of paragraph (1) also apply to housing programs that are operated by public entities where design and construction of particular residential dwelling units take

place only after a specific buyer has been identified. In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those preidentified

buyers with disabilities who have requested such a unit.

Advisory 233.3.2 Residential Dwelling for Sale. DOJ regulation 28 CFR 35.1511(j)(2), for public entities (Title II) adds the following clarification regarding construction of dwelling units for sale to preselected buyers with disabilities: ―The requirements of paragraph (1) also apply to housing programs that are operated by public entities where design and construction of particular residential dwelling units take place only after a specific buyer has been identified. In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those pre-identified buyers with disabilities who have requested such a unit.‖

E Equivalent To or Exceeds ADA Provisions

ADDED TO CODE - AS ADVISORY NOTE TO 233.3.2 TO CAPTURE CLARIFICATION 35.151(j)(2)

28 CFR, Part 35 (2010) DOJ Title II

233.3.5 Dispersion. Residential dwelling units required to provide mobility features complying with 809.2 through 809.4 and residential dwelling units required to provide communication features complying with 809.5 shall be dispersed among the various types of residential dwelling units in the facility and shall provide choices of residential dwelling units comparable to, and integrated with, those available to other residents.

EXCEPTION: Where multi-story residential dwelling units are one of the types of residential dwelling units provided, one-story residential dwelling units shall be permitted as a substitute for multi-story residential dwelling units where equivalent spaces and amenities are provided in the one-story residential dwelling unit.

233.3.5 Dispersion. Residential dwelling units required to provide mobility features complying with 809.2 through 809.4 and residential dwelling units required to provide communication features complying with 809.5 shall be dispersed among the various types of residential dwelling units in the facility and shall provide choices of residential dwelling units comparable to, and integrated with, those available to other residents.

EXCEPTION: Where multi-story residential dwelling units are one of the types of residential dwelling units provided, one-story residential dwelling units shall be permitted as a substitute for multi-story residential dwelling units where equivalent spaces and amenities are provided in the one-story residential dwelling unit.

233.3.6 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 at least 29 inches.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add requirements for new single-family houses, duplexes, triplexes, condominiums, and townhouses as per FS.

553.504(2), FS

Sec.36.406 Standards for new construction and alterations.

36.406(d)

(d) Social service center establishments. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this part shall comply with the provisions of the 2010 Standards applicable to residential facilities, including, but not limited to, the provisions in sections 233 and 809.

(1) In sleeping rooms with more than 25 beds covered by this part, a minimum of 5% of the beds shall have clear floor space complying with section 806.2.3 of the 2010 Standards.

(2) Facilities with more than 50 beds covered by this part that provide common use bathing facilities shall provide at least one roll-in shower with a seat that complies with the relevant provisions of section 608 of the 2010 Standards. Transfer-type showers are not permitted in lieu of a roll-in shower with a seat, and the exceptions

in sections 608.3 and 608.4 for residential dwelling units are not permitted. When separate shower facilities are provided for men and for women, at least one roll-in shower shall be provided for each group.

36.406(e)(3)

(3) Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards.

233.4 Social Service Center Establishments. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residen- tial dwelling units shall comply with the provisions applicable to residential facilities in sections 233 and 809.

233.4.1 In sleeping rooms with more than 25 beds, a minimum of 5% of the beds shall have clear floor space complying with section 806.2.3.

233.4.2 Facilities with more than 50 beds covered that provide common use bathing facilities shall provide at least one roll-in shower with a seat that complies with section 608. Transfer-type showers are not permitted in lieu of a roll-in shower with a seat, and the exceptions in sections 608.3 and 608.4 for residential dwelling units are not permitted. When separate shower facilities are provided for men and for women, at least one roll-in shower shall be provided for each group.

233.5 Apartments or Townhouse Facilities Provided By or on Behalf of A Place of Education. Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty and do not contain any public use or common use areas available for educational programming shall comply with the requirements for residential facilities in sections 233 and 809.

E Equivalent To or Exceeds ADA Provisions

28 CFR Part 36(2010) DOJ Title III

Clarify requirements for Social Service Center Establishments using specific provisions from 28 CFR 36.

Sec. 35.151 New construction and alterations

35.151(j)

(j) Facilities with residential dwelling units for sale to individual owners.

(1) Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities in the 2010 Standards including sections 233 and 809.

233.6 Residential Dwelling Units Designed and Constructed or Altered by Public Entities that will be Offered for Sale to Individuals. Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities in sections 233 and 809.

E Equivalent To or Exceeds ADA Provisions

28 CFR, Part 35 (2010) DOJ Title II

Clarify the requirements for residential dwelling units in accordance with 28 CFR, Part 35.

Chapter 3: Building Blocks

No Florida changes

Chapter 4: Accessible Routes

402.2 Components. Accessible routes shall consist of one or more of the following components: walking surfaces with a running slope not steeper than 1:20, doorways, ramps, curb ramps excluding the flared sides, elevators, and platform lifts. All components of an accessible route shall comply with the

applicable requirements of Chapter 4.

applicable requirements of Chapter 4 and 208.3.1.

E Equivalent To or Exceeds ADA Provisions

See advisory for 402.2.

Provide for reference to parking provisions for residents as per Florida Statutes.

Advisory 402.2 Components. Walking surfaces must have running slopes not steeper than 1:20, see 403.3. Other components of accessible routes, such as ramps (405) and curb ramps (406), are permitted to be more steeply sloped.

Florida requirements of s.553.5041, F.S., incorporated in section 208.3.1 for accessible routes to parking that modify requirements of Chapter 4 must be complied with. Pursuant to

s.553.512, F.S., Florida requirements, except s.553.5041(5)(a) width of accessible route to parking and s.553.041(c)1 parking space and access aisle width, may be waived down to the

requirements of the ADA Standards for Accessible Design.

E Equivalent To or Exceeds ADA Provisions

Florida specific

Provide for clarification specific to Florida parking requirements.

404.2.9 Door and Gate Opening Force. Fire doors shall have a minimum opening force allowable by the appropriate administrative authority. The force for pushing or pulling open a door or gate other than fire doors shall be as follows:

1. Interior hinged doors and gates: 5 pounds (22.2 N) maximum.

2. Sliding or folding doors: 5 pounds (22.2 N) maximum.These forces do not apply to the force required to retract latch bolts or disengage other devices that hold the door or gate in a closed position.

1. Interior hinged doors and gates: 5 pounds (22.2 N) maximum.

2. Sliding or folding doors: 5 pounds (22.2 N) maximum.

3. Exterior hinged doors shall be designed so that such doors can be pushed or pulled open with a force not exceeding 8.5 pounds (37.8 N).

These forces do not apply to the force required to retract latch bolts or disengage other devices that hold the door or gate in a closed position.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add specification for exterior hinged doors as per FS.

553.504(3), FS

Advisory 404.2.9 Door and Gate Opening Force. The maximum force pertains to the continuous application of force necessary to fully open a door, not the initial force needed to overcome the inertia of the door. It does not apply to the force required to retract bolts or to disengage other devices used to keep the door in a closed position.

Advisory 404.2.9 Door and Gate Opening Force. The maximum force pertains to the continuous application of force necessary to fully open a door, not the initial force needed to

overcome the inertia of the door. It does not apply to the force required to retract bolts or to disengage other devices used to keep the door in a closed position.

Florida law, s.553.504(6), F.S., establishes requirements for exterior door opening force.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Provide for reference to Florida Statutes with regard to door opening force.

Appendix A to Part 37

406.8--Modification to 406 of Appendix D to 36 CFR Part 1191

A curb ramp shall have a detectable warning complying with 705. The detectable warning shall extend the full width of the curb ramp (exclusive of flared sides) and shall extend either the full depth of the curb ramp or 24 inches (610 mm) deep minimum measured from the back of the curb on the ramp surface.

406.8 Detectable Warnings. Curb ramps subject to Department of Transportation regulation 49 CFR 37.21 shall have a detectable warning complying with 705. The detectable warning shall extend the full width of the curb ramp (exclusive of flared sides) and shall extend either the full depth of the curb ramp or 24 inches (610 mm) deep minimum measured from the back of the curb on the ramp surface.

E Equivalent To or Exceeds ADA Provisions

Incorporated from 49 CFR, Part 37 (2006) DOT Transportation Facilities

Clarify detectable warnings requirements as per 49 CFR.

Figure 406.8

Detectable Warnings at Curb Ramps Subject to DOT Regulation 49 CFR 37.21

E Equivalent To or Exceeds ADA Provisions

Florida specific

Provide for revised drawing for consistency with Florida requirements for curb ramps.

Chapter 5: General Site and Building Elements

502 Parking Spaces

502.1 General. Car and van parking spaces shall comply with 502. Where parking spaces are marked with lines, width measurements of parking spaces and access aisles shall be made from the centerline of the markings.

EXCEPTION: Where parking spaces or access aisles are not adjacent to another parking space or access aisle, measurements shall be permitted to include the full width of the line defining the parking space or access aisle.

502.2 Vehicle Spaces. Car parking spaces shall be 96 inches (2440 mm) wide minimum and van parking spaces shall be 132 inches (3350 mm) wide minimum, shall be marked to define the width, and shall have an adjacent access aisle complying with 502.3.EXCEPTION: Van parking spaces shall be permitted to be 96 inches (2440 mm) wide minimum where the access aisle is 96 inches (2440 mm) wide minimum.

502 Parking Spaces

502.2 Vehicle Spaces. Each parking space must be at least 12 feet (3658 mm) wide shall be marked to define the width, and shall have an adjacent access aisle complying with 502.3. See section 406.5 curb ramp location.

Exception: For on-street parallel parking spaces and theme parks or an entertainment complex in which are provided continuous attendant services or designated lots for parking by persons who have disabilities: Car parking spaces shall be permitted to be 96 inches (2440 mm) wide minimum; Van parking spaces shall be permitted to be 96 inches (2440 mm) wide minimum where the access aisle is 96 inches (2440) wide minimum and shall be designated “van accessible” ; Alternatively, van parking spaces shall be permitted to be 132 inches (3350 mm) wide minimum where the access aisle is 60 inches (1525 mm) wide minimum and shall be designated “van accessible”.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add parking space specification as per FS.

502.2.1 On-street parallel parking. Spaces must comply with sections 208 and 502 of the ADA Standards for Accessible Design. Curbs adjacent to such spaces must be of a height that does not interfere with the opening and closing of motor vehicle doors.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

553.5041(5)(d), FS

Add parking requirement as per FS.

Advisory 502.2 Vehicle Spaces. Pursuant to s.553.512, F.S., Florida requirements, except s.553.041(c)1 parking space and access aisle width, may be waived down to the requirements

of the ADA Standards for Accessible Design. No waivers are required for on-street parallel parking spaces and theme parks or an entertainment complex in which are provided continuous attendant services or designated lots for parking by persons who have disabilities pursuant to ss.553.041(5)(c)3. and (d), F.S., and the Exception to 502.2.

E Equivalent To or Exceeds ADA Provisions

Florida specific

Clarify parking requirement as per FS.

502.3 Access Aisle. Access aisles serving parking spaces shall comply with 502.3. Access aisles shall adjoin an accessibleroute. Two parking spaces shall be permitted to share a common access aisle.

502.3 Access Aisle. Access aisles serving parking spaces shall comply with 502.3. Access aisles shall adjoin an accessible route. Two parking spaces shall be permitted to share a common access aisle.

Parking access aisles must be part of an accessible route to the building or facility entrance. Access aisles must be placed adjacent to accessible parking spaces. All spaces must be located on an accessible route that is at least 44 inches (1118 mm) wide so that users are not compelled to walk or wheel behind parked vehicles except behind his or her own vehicle.

Exception: Access aisles are not required for on-street parallel parking.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add provisions for access aisle as per FS.

E Equivalent To or Exceeds ADA Provisions

Florida specific

Add drawing to clarify Florida specific requirements for accessible aisle.

Advisory 502.3 Access Aisle. Accessible routes must connect parking spaces to accessible entrances. In parking facilities where the accessible route must cross vehicular traffic lanes, marked crossings enhance pedestrian safety, particularly for people using wheelchairs and other mobility aids.

Advisory 502.3 Access Aisle. Accessible routes must connect parking spaces to accessible entrances. In parking facilities where the accessible route must cross vehicular traffic

lanes, marked crossings enhance pedestrian safety, particularly for people using wheelchairs and other mobility aids.

Florida law, s.553.5041(5)(a), F.S., requires placement of accessible routes such that persons with disabilities are not compelled to walk or wheel behind parked vehicles other than

their own vehicle. Florida law, s.553.5041(5)(d), F.S., allows on-street accessible parking to not have an access aisle.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify Florida specific requirements for accessible aisle/accessible routes.

502.3.3 Marking. Access aisles shall be marked so as to discourage parking in them.

The access aisle must be striped diagonally to designate it as a no-parking zone.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add provisions for striping access aisle as per FS.

Advisory 502.3.3 Marking. The method and color of marking are not specified by these requirements but may be addressed by State or local laws or regulations. Because these requirements permit the van access aisle to be as wide as a parking space, it is important that the aisle be clearly marked.

Advisory 502.3.3 Marking. The method and color of marking are not specified by these requirements but may be addressed by State or local laws or regulations. Because these equirements permit the van access aisle to be as wide as a parking space, it is important that the aisle be clearly marked.

Florida law, s.553.5041(5)(c)1., requires diagonal striping of access aisles.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add provisions for striping access aisle as per FS.

502.5 Vertical Clearance. Parking spaces for vans and access aisles and vehicular routes serving them shall provide a vertical clearance of 98 inches (2490 mm) minimum.

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 (2489 mm). Signs shall be posted to warn operators of handicap-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.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Add provisions for vertical clearance as per FS.

Advisory 502.5 Vertical Clearance. Signs provided at entrances to parking facilities informing drivers of clearances and the location of van accessible parking spaces can provide useful customer assistance.

Advisory 502.5 Vertical Clearance. Signs provided at entrances to parking facilities informing drivers of clearances and the location of van accessible parking spaces can provide

useful customer assistance.

Florida law, s.553.511, F.S., requires signs be posted that will warn handicapped-equipped van operators of height limitations so they will not pass beyond a point where the van cannot

be maneuvered.

Florida law also preempts local government height restriction ordinances that would prohibit compliance with the minimum height requirements of this section. Also, any local or state law

or regulation that prohibits a covered entity from complying with requirements of the ADA may render such jurisdiction in violation of the ADA.

E Equivalent To or Exceeds ADA Provisions

Florida specific

502.6 Identification. Parking space identification signs shall include the International Symbol of Accessibility complying with 703.7.2.1. Signs identifying van parking spaces shall contain the designation “van accessible.” Signs shall be 60 inches (1525 mm) minimum above the finish floor or ground surface measured to the bottom of the sign.

502.6 Identification. Parking space identification signs shall include the International Symbol of Accessibility complying with 703.7.2.1. Signs identifying van parking spaces when required by 502.2 shall contain the designation "van accessible."

502.6.1 Each such parking space must be striped in a manner that is consistent with the standards of the controlling jurisdiction for other spaces and 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. The space 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 least 60 inches ( mm) above the finished floor or ground surface measured to the bottom of the sign and which bears the international symbol of accessibility 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 Section 509.013 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.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

553.5041(6), FS

Add provisions for parking space identification as per FS.

Advisory 502.6 Identification. The required “van accessible” designation is intended to be informative, not restrictive, in identifying those spaces that are better suited for van use. Enforcement of motor vehicle laws, including parking privileges, is a local matter.

Parking space and access aisle configurations required for all accessible parking by Florida law, s.553.5041, F.S. meet the van accessible space requirements of the ADA Standards for

Accessible Design. Therefore, no accessible space is more suitable than any other accessible space for “van accessible” parking. Florida law only requires “van accessible” parking

signs in parking structures where van parking may be limited to the first level accessible spaces.

Florida accessible parking signs must include indication of the penalty for illegal parking in addition to the accessible parking symbol required by the ADA Standards for Accessible Design.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify Florida requirements for parking space and access aisle.

Chapter 6: Plumbing Elements and Facilities

604.8.1.5 Grab Bars. Grab bars shall comply with 609. A side-wall grab bar complying with 604.5.1 shall be provided and shall be located on the wall closest to the water closet. In addition, a rear-wall grab bar complying with 604.5.2 shall be provided.

604.8.1.6 Lavatory. In new construction, the wheelchair accessible toilet compartment shall contain an accessible lavatory within it, which must be at least 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 section 604 for the wheelchair accessible toilet compartment and shall comply with section 606. Such lavatories shall be counted as part of the required fixture count for the building. See also section 213.3.4.

604.8.1.7 Water closet. In new construction, the accessible water closet within the wheelchair accessible compartment shall be located in the corner, diagonal to the door.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

553.504(5)(a), FS

Add Florida accessibility requirements for lavatory and water closet as per FS.

553.504(5)(b), FS

Note: The drawings are not the complete code requirements, do not depict all possible options and the code text must be reviewed for additional requirements

Figure 604.8.1.6

Wheelchair Accessible Toilet Compartment in New Construction

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Provide drawing specific to Florida accessibility requirements for lavatory and water closet as per FS.

Advisory 604.8.1.6 Lavatory and 604.8.1.7 Water Closet. Florida law, section 553.504(5), F.S., stipulates that “…required bathing rooms and toilet rooms in new construction shall be designed and constructed…” with an accessible lavatory in the wheelchair accessible compartment and the water closet located in a corner diagonal to the door. The ADA Standards for Accessible Design and therefore this code require wheelchair accessible compartments

in new construction and in alterations of existing buildings to have self closing doors. While the Florida lavatory requirement and water closet placement apply only to new construction,

they are desirable for all wheelchair accessible compartments and should be considered where feasible.

E Equivalent To or Exceeds ADA Provisions

Florida specific

Clarify Florida accessibility requirements for lavatory and water closet as per FS.

Chapter 7: Communication Elements and Features

No Florida Specific Changes

Chapter 8: Special Rooms, Spaces and Elements

806 Transient Lodging Guest Rooms

806.1 General. Transient lodging guest rooms shall comply with 806. Guest rooms required to provide mobility features shall comply with 806.2. Guest rooms required to provide communication features shall comply with 806.3.

806 Transient Lodging Guest Rooms

All buildings, structures, or facilities licensed as a hotel, motel or condominium pursuant to chapter 509, F.S., shall comply with 806.4.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

Clarify the accessibility requirements for facilities covered by 509 FS.

553.504©, FS

806.4 Hotel, Motel and Condominium Special Accessibility Features. This section does not relieve the owner of the responsibility of providing accessible rooms in conformance with Section 224 and 806 of this code. In all buildings, structures and facilities licensed as a hotel, motel or resort condominium pursuant to Chapter 509, F.S., a number of rooms equaling at least 5 percent of the guest rooms minus the Total Number of Required (accessible) Rooms required by Table 224.2 shall provide the following additional special accessibility features:

(i) Grab rails in bathrooms and toilet rooms which comply with Section 604.5.

(ii) All beds in designed accessible guest rooms shall be open-frame type that allows the passage of lift devices.

(iii) Water closets that comply with section 604.4.

E Equivalent To or Exceeds ADA Provisions

Florida Specific

553.504(4), FS

Add Florida accessibility requirements for facilities covered by 509 FS.

Appendix A to Part 37

810.5.3 Platform and Vehicle Floor Coordination--Modification to 810.5.3 of Appendix D to 36 CFR Part 1191

Station platforms shall be positioned to coordinate with vehicles in
accordance with the applicable requirements of 36 CFR part 1192. Low-
level platforms shall be 8 inches (205 mm) minimum above top of rail. In light rail, commuter rail, and intercity rail systems where it is not operationally or structurally feasible to meet the horizontal gap or
vertical difference requirements of part 1192

810.5.3 Platform and Vehicle Floor Coordination. Station platforms shall be positioned to coordinate with vehicles in accordance with the applicable requirements of 36 CFR Part 1192. Low-level platforms shall be 8 inches (205 mm) minimum above top of rail. In light rail, commuter rail, and intercity rail systems subject to Department of Transportation regulation 49 CFR 37.21 where it is not operationally or structurally feasible to meet the horizontal gap or vertical difference requirements of part 1192 or 49 CFR part 38, mini-high platforms, car-borne or platform-mounted lifts, ramps or bridge plates or similarly manually deployed devices, meeting the requirements of 49 CFR part 38, shall suffice.

EXCEPTION: Where vehicles are boarded from sidewalks or street-level, low-level platforms shall be permitted to be less than 8 inches (205 mm).

E Equivalent To or Exceeds ADA Provisions

Incorporated from 49 CFR, Part 37 (2006) DOT Transportation Facilities

Clarify the “platform and vehicle floor coordination” requirements in accordance with 49 CFR.

Chapter 9: Built-In Elements

No Florida Specific Changes

Chapter 10: Recreation Facilities

No Florida Specific Changes