Recommendations of the Accessibility Advisory Council to the Florida Building Commission – August 10, 2009

Five Council members were present. The following recommendations were made:

Consent Agenda:

1. Muvico Theaters Cocowalk - The Council unanimously recommended that a waiver be granted from provision of vertical accessibility to all rows of stadium seating in an existing 16 screen movie complex undergoing alterations. The recommendation is based upon the Applicant’s demonstration that provision of vertical accessibility would create an unnecessary, unreasonable and extreme hardship because of technical infeasibility and disproportionate cost.

3. The Urbana Retail Tenant Building - The Council unanimously recommended that a waiver be granted (to the extent that a waiver is actually needed) from provision of vertical accessibility to the rooftop parking area of a new retail shopping center. The recommendation is based upon the parking area falling within the exemption provided in section 559.509(1)(b), Florida Statutes, for unoccupiable spaces and the definitions of unoccupiable space contained on chapters 2 and 11 of the Florida Building Code.

6. Miami Marlins Park - The Council unanimously recommended that a waiver be granted from provision of vertical accessibility to all rows of seating in a new stadium that is under design. The recommendation is based upon the Applicant’s demonstration that provision of vertical accessibility would create an unnecessary, unreasonable and extreme hardship because of technical infeasibility and the fact that equivalent facilitation will be achieved by providing a variety of accessible seating options throughout the stadium.

8. IPIC Entertainment - The Council unanimously recommended that a waiver be granted from provision of vertical accessibility to all rows of stadium seating in an existing retail space that is being altered to create a “family entertainment center” that will include dining, bowling, and a10 screen movie complex. The recommendation is based upon the Applicant’s demonstration that provision of vertical accessibility would create an unnecessary, unreasonable and extreme hardship because of technical infeasibility and disproportionate cost.

10. Henry Hotel - The Council unanimously recommended that a waiver be granted from provision of vertical accessibility to the second floor of an existing 50 room historic hotel that has been closed for three years and is now undergoing alterations in preparation for reopening. The recommendation is based upon the Applicant’s demonstration that provision of vertical accessibility would create an unnecessary, unreasonable and extreme hardship because of technical infeasibility and disproportionate cost, and the applicant’s representation that two fully accessible guest rooms will be provided on the first floor. The Applicant withdrew the two other waiver requests for this project pertaining to use of a lift to access the lobby, and reduction of clear floor space in the accessible guest rooms’ toilet areas.

13. Sunrise Cinemas Deerfield Mall - The Council unanimously recommended that a waiver be granted from provision of vertical accessibility to all rows of stadium seating in an existing 8 screen movie complex undergoing alterations, including conversion to stadium style seating. The recommendation is based upon the Applicant’s demonstration that provision of vertical accessibility would create an unnecessary, unreasonable and extreme hardship because of technical infeasibility and disproportionate cost.

Approval with conditions:

7. Ridge Cinema - The Council unanimously recommended that a waiver be granted from provision of vertical accessibility to all rows of stadium seating in an existing 8 screen movie complex undergoing alterations. The recommendation is based upon the Applicant’s demonstration that provision of vertical accessibility would create an unnecessary, unreasonable and extreme hardship because of technical infeasibility and disproportionate cost. The recommendation is based on the condition that Applicant verifies the accessible seats’ sightlines that were verbally represented to the Council by providing Department staff with documentation.

12. Dr. Kiran Patel Center for Global Solutions - The Council unanimously recommended that a waiver be granted from provision of vertical accessibility to all rows of seating in a new auditorium style lecture hall that is under design. The recommendation is based upon the Applicant’s demonstration that provision of vertical accessibility would create an unnecessary, unreasonable and extreme hardship because of technical infeasibility and the fact that equivalent facilitation will be achieved by providing a variety of accessible seating options. The Council’s recommendation is conditioned upon the relocation of the wheelchair seating location from the end of the back row to at least one seat from the end, to remove the wheelchair from the flow of foot traffic.

Deferred:

4. Winter Haven Fire Safety Complex – Because of time constraints, the fact that the meeting room was needed by another group, and no one representing the Applicant was present, the Council unanimously recommended that this matter be deferred until the October, 2009 meetings.

5. Dick Brown Park - Because of time constraints, the fact that the meeting room was needed by another group, and no one representing the Applicant was present, the Council unanimously recommended that this matter be deferred until the October, 2009 meetings.

9. Italia Villa Hotel - Because of time constraints, the fact that the meeting room was needed by another group, and no one representing the Applicant was present, the Council unanimously recommended that this matter be deferred until the October, 2009 meetings.

11. FAU / AU Joint Use Facility - Because of time constraints, the fact that the meeting room was needed by another group, and no one representing the Applicant was present, the Council unanimously recommended that this matter be deferred until the October, 2009 meetings.

Denied:

2. Fire Rescue Station #64 - The Council unanimously recommended that a waiver from provision of vertical accessibility to the second floor firefighters’ dormitory and accessibility features in the second floor firefighters’ bathrooms be denied. The Council’s recommendation reflects their conviction that vertical accessibility should be provided in new construction.