Picerne Storage
Building Annex
Issue 1: Vertical Accessibility to storage mezzanine of Annex Building.
Issue 2: Accessible parking and accessible route to this existing structure.
Analysis: This project is a change of occupancy from an existing bus garage to storage with addition of a mezzanine. The applicant is requesting a waiver from providing vertical accessibility to a storage mezzanine and accessible parking and accessible route to the Annex Building and provides the following information. The total area of first floor and mezzanine is 1,633 SF. Mezzanine cost $15,500. Estimated vertical access costs: elevator $75,000; lift $18,000; LULA $30,000. There is no existing pedestrian path to the Annex Building, no accessible parking and no accessible entrance. Site work and building entrance modification cost estimate $8600. No permanent work stations. Building used for storage of boxed files and building plans.
Project Progress:
The project is in plan review/completed. Note: The Building Official’s comment page in the application indicates the alteration was done without a building permit and must be brought into compliance with the Florida Building Code. (Section 553.507(2)(c), F.S., excludes unpermitted work from exemption from the Accessibility Code.) The building official agreed that waiver process may be used to waive accessibility requirements.
Items to be Waived: Vertical accessibility to storage mezzanine required by Section 553.509, Florida Statutes.
First Issue: Vertical accessibility to a storage mezzanine required by Section 553.509, Florida Statutes.
553.509 - Vertical accessibility. Nothing in Sections 553.501-553.513 or the guidelines shall be construed to relieve the owner of any building, structure or facility governed by those sections from the duty to provide vertical accessibility to all levels above and below the occupiable grade level regardless of whether the guidelines require an elevator to be install in such building, structure or facility, except for:
(1) Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks and automobile lubrication and maintenance pits and platforms;
(2) Unoccupiable spaces, such as rooms, enclosed spaces and storage spaces that are not designed for human occupancy, for public accommodations or for work areas; and
(3) Occupiable spaces and rooms that are not open to the public and that house no more than five persons, including but not limited to equipment control rooms and projection booths.
Second Issue: Accessible parking, access aisle and accessible route required by s.553.5041, F.S.
553.5041 – Parking spaces for persons who have disabilities.
(3) If parking
spaces are provided for self-parking by employees or visitors, or both, accessible
spaces shall be provided in each such parking area.
Such 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.
4) The number of accessible parking spaces must comply with
the parking requirements in ADAAG s. 4.1 and the following:
(a) 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 no parking for the public is provided on the premises of the building.
(b) There
must be one accessible parking space for each 150 metered on-street parking
spaces provided by state agencies and political subdivisions.
(c) The
number of parking spaces for persons who have disabilities must be increased on
the basis of demonstrated and documented need.
(5) Accessible perpendicular and diagonal accessible parking
spaces and loading zones must be designed and located in conformance with the
guidelines set forth in ADAAG ss. 4.1.2 and 4.6 and Appendix s. A4.6.3
"Universal Parking Design."
(a) All spaces must be located on an accessible route no less than 44
inches wide so that users will not be compelled to walk or wheel behind parked
vehicles.
(b) Each
space must be located on the shortest safely accessible route from the parking
space to an accessible entrance. If there are multiple entrances or multiple
retail stores, the parking spaces must be dispersed to provide parking at the nearest
accessible entrance. If a theme park or an entertainment complex as defined in
s. 509.013(9) 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 safely accessible route to an accessible entrance to the theme park or
entertainment complex or to transportation to such an accessible entrance.
(c)1. Each parking space must be no less than 12 feet wide.
Parking access aisles must be no less than 5 feet wide and must be part of an
accessible route to the building or facility entrance. In accordance with ADAAG
s. 4.6.3, access aisles must be placed adjacent to accessible parking spaces; however, two
accessible parking spaces may share a common access aisle. The access aisle
must be striped diagonally to designate it as a no-parking zone.
2. The
parking access aisles are reserved for the temporary exclusive use of persons
who have disabled parking permits and who require extra space to deploy a
mobility device, lift, or ramp in order to exit from or enter a vehicle.
Parking is not allowed in an access aisle. Violators are subject to the same
penalties that are imposed for illegally parking in parking spaces that are
designated for persons who have disabilities. A vehicle may not be parked in an
access aisle, even if the vehicle owner or passenger is disabled or owns a
disabled parking permit.
3. Any
provision of this subsection to the contrary notwithstanding, a theme park or
an entertainment complex as defined in s. 509.013(9) 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 ADAAG ss. 4.1 and 4.6.
(d) On-street
parallel parking spaces must be located either at the beginning or end of a
block or adjacent to alley entrances. Such spaces must be designed in
conformance with the guidelines set forth in ADAAG ss. 4.6.2 through 4.6.5,
exception: access aisles are not required. Curbs adjacent to such spaces must
be of a height that will not interfere with the opening and closing of motor
vehicle doors. This subsection does not relieve the owner of the responsibility
to comply with the parking requirements of ADAAG ss. 4.1 and 4.6.
(e) Parallel
parking spaces must be even with surface slopes, may match the grade of the
adjacent travel lane, and must not exceed a cross slope of 1 to 50, where
feasible.
(f) Curb
ramps must be located outside of the disabled parking spaces and access aisles.
(g)1. The
removal of architectural barriers from a parking facility in accordance with 28
C.F.R. s. 36.304 or with s. 553.508 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 persons who have disabilities to the alternative parking if readily
achievable. The facility may not reduce the required number or dimensions of
those spaces, nor may it 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.
2. A
facility that is making alterations under s. 553.507(2)(b) must comply
with this section 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 persons who have a disability to alternative
parking. The facility may not reduce the required number or dimensions of those
spaces, nor may it 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
that of others.
553.507
Exemptions.--Sections 553.501-553.513 do not apply to any of the following:
(1) Buildings,
structures, or facilities that were either under construction or under contract
for construction on October 1, 1997.
(2) Buildings,
structures, or facilities that were in existence on October 1, 1997, unless:
(a) The
building, structure, or facility is being converted from residential to
nonresidential or mixed use, as defined by local law;
(b) The proposed alteration or renovation of the building,
structure, or facility will affect usability or accessibility to a degree that
invokes the requirements of s. 303(a) of the Americans with Disabilities Act of
1990;
or
(c) The
original construction or any former alteration or renovation of the building,
structure, or facility was carried out in violation of applicable permitting
law.
Waiver Criteria:
First Issue: Vertical accessibility to a storage mezzanine required by Section 553.509, Florida Statutes.
There is no specific guidance for a waiver of this requirement in the code. The Commission’s current rule, authorized in Section 553.512, Florida Statutes, provides criteria for granting waivers and allows consideration of unnecessary or extreme hardship to the applicant if the specific requirements were imposed.
Second Issue: Accessible parking, access aisle and accessible route required by s.553.5041, F.S.
Section 553.512, F.S. provides guidance specific to waiver of section 553.5041, F.S., requirements. The Commission’s current rule and Section 553.512, F. S., provide criteria for granting waivers and allows consideration of unnecessary or extreme hardship to the applicant if the specific requirements were imposed.
553.512
Modifications and waivers; advisory council.--
(1) The
Florida Building Commission shall provide by regulation criteria for granting
individual modifications of, or exceptions from, the literal requirements of
this part upon a determination of unnecessary, unreasonable, or extreme
hardship, provided such waivers shall not violate federal accessibility laws
and regulations and shall be reviewed by the Accessibility Advisory Council.
Notwithstanding any other provision of this subsection, if an applicant for a
waiver demonstrates economic hardship in accordance with 28 C.F.R. s. 36.403(f)(1),
a waiver shall be granted. The commission may
not consider waiving any of the requirements of s. 553.5041 unless the applicant first demonstrates that she or he has
applied for and been denied waiver or variance from all local government
zoning, subdivision regulations, or other ordinances that prevent compliance
therewith. Further, the commission may not waive the requirement of s. 553.5041(5)(a) and (c)1. governing the minimum width of accessible
routes and minimum width of accessible parking spaces.