Miami Beach Cinematheque

Issue: Vertical Accessibility to all levels in a tenant’s theater space in Miami Beach Historic City Hall

Analysis: The applicant is requesting a waiver from providing vertical accessibility to all levels of theater stadium seating in a $150,000 alteration to existing space. The space to be altered is a tenant space in a building owned by Miami Beach. The applicant proposes to place the required 4 wheel chair spaces at the finished floor level.

Project Progress:

The project is in plan review.

Items to be Waived: Vertical accessibility to seating 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.

Waiver Criteria: There is no specific guidance for a waiver of this requirement in the code. The Commission’s current rule, authorized in Section 553.512, Florida Statutes, provides criteria for granting waivers and allows consideration of unnecessary or extreme hardship to the applicant if the specific requirements were imposed.