ACCESSIBILITY ADVISORY COUNCIL

June 23, 2008

The Council convened at 9:05 A.M. with 5 members present.

Case #2 – South County Water Reclamation Facility. The Council unanimously recommended approval; however, the Final Order should state that the project falls within the exemption for areas with five or fewer persons not open to the public; therefore, no waiver is needed. The Council also recommended that this does not exempt the applicant from the provisions of Title II of the ADA.

Case #4 – Renovation of Fire Station #48. The case was deferred from the May meeting at the Council’s request to allow the applicant to submit additional documentation showing whether the project was designed to Uniform Federal Accessibility Standards. The applicant did provide this documentation. Therefore, the project is exempt from compliance with vertical accessibility because UFAS allows work areas where employees with physical disabilities cannot perform the job to be constructed without vertical accessibility. No waiver is needed; however, this does not exempt the applicant from the provisions of Title II of the ADA.

Case #10 – No Name Java. The Council unanimously recommended that the Commission enter a Final Order stating that this change of use under Chapter 8 of the Florida Building Code is not an alteration that triggers the need to comply with the requirements of Chapter 11. Therefore, no waiver is required since compliance was not required.

Eden Roc Hotel – The project came before the Council based on public comment submitted. The Council recommended as follows: The applicant contacted Department staff about the Final Order which was entered at the May meeting when the Council addressed what it believed were the only issues identified by the applicant as needing a waiver. The May Final Order was correct as to those issues; however, the applicant asked that it also address the remainder of the 40 rooms that have interior changes inn floor level also have the same dimensional restrictions to ramping. Therefore, the Council unanimously recommended that the Commission take up a motion to amend an action previously taken and table the issue until it is considered by the Council. The Commission should then re-refer the matter back to the Council for a recommendation at the August meeting.

The Council recommended that the following application be denied.

Case #1 – Chiquita Animal Hospital. The Council unanimously recommended that the application be denied. A Final Order was entered in November, 2007 granting the waiver. In December, the local building official contacted Department staff stating she had recommended against the waiver, but her recommendations were omitted from the application. The Council recommended that the Commission amend action previously taken to allow the Council to consider the building official’s recommendation and any response from the applicant. The case was subsequently deferred in January, March and May o allow the applicant to obtain bids on a platform lift, which the local building official thought was feasible and not as expensive as an elevator. The applicant appeared before the Council and presented bids only on elevators, none on platform lifts. The Council recommended that the Commission amend action previously taken because the applicant failed to demonstrate that any form of hardship would result from compliance and based on the representation of the local building official, the project does not qualify for the exemption of 5 or fewer persons not open to the public.

Case #3 – JADAM. The Council unanimously recommended that the application be denied. It was deferred at the May meeting to allow the applicant to provide additional information demonstrating hardship. The applicant did not appear beore the Council and did not submit additional information. No hardship was demonstrated.

The Council recommended that the following cases be granted.

Case #6 – Law Offices of Kanner & Pintaluga. The Council unanimously recommended that the waiver be granted based on demonstrated economic hardship.

Case #9 – Hollywood Theaters. The Council recommended that Hollywood Theaters be deferred until August to enable the applicant to provide floor plans, seating diagrams with dispersion, and sight lines in each of the 5 theater types in the complex.

Case #5 – Palm Beach Gardens Replacement School. The Council unanimously recommended that the waiver be granted with the conditions that: In the computer lab, the applicant move the location of the first computer table so that all computer stations at that table will have 5 feet of clearance for wheelchairs and scooters. In the auditorium and stadium, the applicant shall move the companion seats to the outside end of the rows in any location where the accessible seat is currently shown at the end of a row. The applicant shall send revised plans to DCA staff.

Case #7 – Kamakura, Inc. d/b/a/ NAOE. The Council vote was split 4-1. The recommendation was to grant the waiver with the condition that the applicant provide DCA staff with proof of the building’s historic designation. The building was built in 1930 and the entrance is 8 inches above the adjacent City sidewalk. There is no feasible way to provide an alternate accessible entrance.

Case #8 – Kiddie Academy Daycare Facility. The Council unanimously recommended that the waiver be granted with the conditions that: 2 sinks will be located in the children’s toilet rooms and 2 will be located outside them. The applicant will follow the ADA guidelines for the mounting heights for children’s facilities.