FLORIDA BUILDING COMMISSION

ACCESSIBILITY ADVISORY COUNCIL

December 7, 2009

 

            Chairman Jack Humburg called the meeting to order at 9:05 A.M. at the Rosen Centre Hotel in Orlando.  Members present were Barbara Page, Catherine Powell, Bill Riha and Julie Kates.  Chris Masal arrived later.  The following applications were for waivers from the accessibility code were reviewed.

 

1.      Miami Management, Inc.

The applicant requested a waiver from providing vertical accessibility to an office building undergoing a $60,000 alteration.  An estimate of $21,250 to install a lift was submitted.  According to the applicant, the same services are provided on the accessible first floor as are on the second; however, no notation was provided indicating the function of each area.  Note:  The toilet rooms on the second floor are not accessible. 

Action:  The waiver was recommended for approval, based on disproportionate cost.

 

2.      Southern Manatee Fire Station.

The applicant requested a waiver from providing accessible toilets in the portion of a new fire station that is occupied exclusively by firefighters.  The project is a one story 7,601 square foot building that costs $1,600,000 and will replace an existing facility that is no longer usable for this purpose.  According to the applicant, all firefighter personnel must be physically able in accordance with Sections 633-30-633.35, F. S. and NFPA Standard 1582.  Areas open to the public are fully accessible, including toilet rooms.  It would cost an additional $5,635 for alteration work to make the toilet rooms accessible.

Action:  The waiver was recommended for denial, as no hardship was demonstrated.

 

3.      East Manatee Fire Station.

The applicant requested a waiver from providing accessible toilets in the portion of a new fire station that is occupied exclusively by firefighters.  The project is a one story 14,316 square foot building that costs $2,100,000. According to the applicant, all firefighter personnel must be physically able in accordance with Sections 633-30-633.35, F. S. and NFPA Standard 1582.  Areas open to the public are fully accessible, including toilet rooms.  Department of Justice regulations permit state and local governments to use either ADAAG or UFAS; in this instance, the building was designed using UFAS.  Section 4.1.4(5) of UFAS states that the application of the code should apply to all areas for which the intended use will require public access or which may result in the employment of physically handicapped persons.  It would cost an additional $6,680 for alteration work to make the toilet rooms accessible.

Action:  The waiver was recommended for denial as no hardship was demonstrated.

 

4.      Hialeah Race Park.

The applicant requested a waiver from providing vertical accessibility to all rows of seats in the grandstand at a historic racetrack.  The grandstand is constructed in three large sections, each of which contains wheelchair accessible seating.  The areas are open, which allows companion seats to be positioned as needed.  The Council expressed concern that in the seating areas closest to the track, it would be possible for standing customers to block the sight lines of wheelchair users. No cost estimates were provided, nor was the total cost of construction submitted.

Action:  The waiver was recommended for approval, provided a barrier is installed along the edge of wheelchair accessible seating to prevent other patrons from standing in front of seated individuals.

 

            5.  Dr. P. Phillips Orlando Performing Arts Center.
The applicant requested a waiver from providing vertical accessibility to all rows of seats in three new auditoriums in a $240,000,000 performing arts facility.  Accessible seating has been located at the top, center and middle sections of the theaters; however, in some cases, companion seats are not provided and the accessible seating is on the ends of the rows.  The auditoriums have been designed in such a way that they can be reconfigured depending on the performance in each venue, particularly in the Multiform Theater, which has a movable floor.  In the theater without companion seating, there are no fixed seats, so companion seats can be located wherever necessary.

Action:  The waiver was recommended for approval, based on technical infeasibility.

 

6.       The Pink House.

The applicant requested a waiver from providing vertical accessibility to guest rooms on the second floor of a historic bed and breakfast.  No construction work is being done, the applicant was referred to the Commission prior to receiving a new occupational license.  It was the consensus of the Council that there was no jurisdiction since no construction work was taking place. The door widths do not comply and according to the local building official, they cannot be changed without major structural modifications. No plans were submitted, nor was documentation of the historic nature of the building provided at the time of submission; however, the applicant supplied evidence of its historic designation. 

Action:  The Council recommended dismissing the application for lack of jurisdiction.

 

 

7.      Adventist Health Systems Headquarters.

The application was incomplete and did not specify what was being requested.

Action:  The Council recommended dismissing the application without prejudice.

 

8.      Staples Fulfillment Center.

The applicant requested a waiver from providing vertical accessibility to all floors in an existing warehouse undergoing a $980.500 alteration.  There is an existing 537,000 square foot first floor, containing 18,600 square feet of offices and the remainder warehouse area and a 79,000 square foot mezzanine.  Mezzanines 2, 3 and 4 each contain 26,000 square feet.  The project involves adding the new, fourth mezzanine which is not accessible.  The first three mezzanines are accessible by means of a LULA.  According to the applicant, there is nothing on the fourth mezzanine that is not replicated on an accessible level

Action.  The waiver was recommended for approval, based on it being unnecessary to access the fourth level.

 

9.      Pestana Hotel and Resorts.

The applicant requested a waiver from providing vertical accessibility to all levels in three separate buildings being renovated to result in a single hotel project.  According to the applicant, it is not only structurally impracticable to make each floor accessible, but it would also negatively impact the historic significance of the structures.  In the South Building, the request is for a waiver from access to the elevated first floor rooms and to permit the existing elevator to remain without increasing the cab size.  The middle building’s request is for a waiver from vertical accessibility to the second floor.  In the north building, the request is for a waiver from vertical accessibility to the raised first floor and to the second and third floors.  There are total of 99 rooms in the project, four of which will be accessible and one will have a roll in shower.  The total cost of the project is estimated at $3,000,000

Action:  The waiver was recommended for approval, based on technical infeasibility.

 

10.  Xixon Restaurant.

The application was incomplete and the basis of the request could not be determined.

Action:  The Council recommended dismissing the application without prejudice.

 

11.  National Hotel Cabana Building.

The applicant requested a waiver from providing a passenger elevator with dimensions complying with Section 11-4.1.6 of the Florida Building Code.  The hotel itself is historic and the elevator in question is located in the cabana building on the same site, but which is not a historic structure.  Increasing the size of the elevator to be code compliant is technically infeasible according to the applicant because doing so would encroach on the required means of egress as well as the required setback requirements and there is not sufficient space to make the engine room larger. 

Action:  The waiver was recommended for approval, based on technical infeasibility, provided one guest room in the cabana building is accessible.

 

12.  Pine Creek Sporting Club.

The applicant requested a waiver from providing vertical accessibility to the upper levels of a tree house structure with two elevated observation levels.  The structure is located in a private, members only club which includes a lodge, various types of shooting sports, helipad, recreational field, toy barn, nature trails, horse stables, dog kennels, aviary and volleyball and bocce courts.  The cost to construct the tree house is $36,000.  The applicant is not claiming disproportionate cost; however, the club maintains the law was never intended to include an auxiliary feature of this limited nature in a rustic environment.  The applicant agreed to make the first level accessible via ramp,

Action:  The Council referred the application to the Commission without a recommendation as the members were split on its disposition. 

 

13.  Marquis.

The applicant requested a waiver from providing vertical accessibility to the cold pool located in the spa area of a new, $185,000,000 high rise residential building.  Mechanical, electrical and plumbing requirements as well as HRS rules constrict the amount of space available adjacent to the pool in the spa.  A pool deck spa has comparable facilities, but entrance into the water requires the assistance of an attendant.  The spas and saunas have been designed to be accessible, and the only issue is independent access to the pool.  The building official concluded that the pool deck facility is equivalent to the services provided in the main spa area.  At the previous meeting, the Commission deferred action on the application to allow the applicant to pursue the possibility of installing a portable lift that could be temporarily installed in a sleeve assembly on the pool deck.

Action:  The Council recommended dismissing the application without prejudice.

 

14.  ANF Group

The applicant requested a waiver from providing vertical accessibility to three second floor offices and a file storage area in an office/warehouse building.  The project is a $35,000 alteration, and the applicant submitted quotes of $43,150 (equipment only) and $73,410 for complete elevator installation.  There are no toilet facilities on the second floor and accessible toilets are available on the accessible first floor.

Action:  The waiver was recommended for approval, based on disproportionate cost.

 

15.  Latitude 30 Degrees

The applicant requested a waiver from providing vertical accessibility to all rows of seats in a 60 seat movie theater.  The design includes two wheelchair seating locations at the front and two at the back of the auditorium; however, the design does not clearly depict whether companion seating will also be provided.  The project is an alteration to a family entertainment center, but no construction costs or cost estimates to make all the rows accessible were included in the application.

Action:  No representative was present and the application was recommended for deferral, permitting the applicant to provide additional information.