MyFloridaCode.com

They are correct , see below.  I would recommend filing a  waiver with the 
accessibility board. You might be able to get a waiver from  the Florida 
requirement, But you still must meet the minimum of the 28 CFR Part  26.  
Tom Ricci  
CBO,PX,BN,CGC   
553.509  Vertical accessibility.--  
(1)  Nothing in ss. _553.501_ 
(http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0553/Sec501.HTM) -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 
installed in such  building, structure, or facility, except for:  
(a)  Elevator pits, elevator penthouses, mechanical rooms, piping  or 
equipment catwalks, and automobile lubrication and maintenance pits and  
platforms;  
(b)  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  
(c)  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.  
(2)(a)  Any person, firm, or corporation that owns, manages, or  operates a 
residential multifamily dwelling, including a condominium, that is at  
least 75 feet high and contains a public elevator, as described in s. _399.035_ 
(http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Searc
h_String=&URL=Ch0399/Sec035.HTM) (2)  and (3) and rules adopted by the 
Florida Building Commission, shall have at  least one public elevator that is 
capable of operating on an alternate power  source for emergency purposes. 
Alternate power shall be available for the  purpose of allowing all residents 
access for a specified number of hours each  day over a 5-day period 
following a natural disaster, manmade disaster,  emergency, or other civil 
disturbance that disrupts the normal supply of  electricity. The alternate power 
source that controls elevator operations must  also be capable of powering any 
connected fire alarm system in the building.  
(b)  At a minimum, the elevator must be appropriately prewired and  
prepared to accept an alternate power source and must have a connection on the  
line side of the main disconnect, pursuant to National Electric Code Handbook,  
Article 700. In addition to the required power source for the elevator and  
connected fire alarm system in the building, the alternate power supply 
must be  sufficient to provide emergency lighting to the interior lobbies, 
hallways, and  other portions of the building used by the public. Residential 
multifamily  dwellings must have an available generator and fuel source on the 
property or  have proof of a current contract posted in the elevator 
machine room or other  place conspicuous to the elevator inspector affirming a 
current guaranteed  service contract for such equipment and fuel source to 
operate the elevator on  an on-call basis within 24 hours after a request. By 
December 31, 2006, any  person, firm or corporation that owns, manages, or 
operates a residential  multifamily dwelling as defined in paragraph (a) must 
provide to the local  building inspection agency verification of engineering 
plans for residential  multifamily dwellings that provide for the capability 
to generate power by  alternate means. Compliance with installation 
requirements and operational  capability requirements must be verified by local 
building inspectors and  reported to the county emergency management agency by 
December 31, 2007.  
(c)  Each newly constructed residential multifamily dwelling,  including a 
condominium, that is at least 75 feet high and contains a public  elevator, 
as described in s. _399.035_ 
(http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0399/Sec035.HTM) (2)  and (3) 
and rules adopted by the Florida Building Commission, must have at least  
one public elevator that is capable of operating on an alternate power source  
for the purpose of allowing all residents access for a specified number of 
hours  each day over a 5-day period following a natural disaster, manmade 
disaster,  emergency, or other civil disturbance that disrupts the normal 
supply of  electricity. The alternate power source that controls elevator 
operations must  be capable of powering any connected fire alarm system in the 
building. In  addition to the required power source for the elevator and 
connected fire alarm  system, the alternate power supply must be sufficient to 
provide emergency  lighting to the interior lobbies, hallways, and other 
portions of the building  used by the public. Engineering plans and verification 
of operational capability  must be provided by the local building inspector 
to the county emergency  management agency before occupancy of the newly 
constructed building.  
(d)  Each person, firm, or corporation that is required to maintain  an 
alternate power source under this subsection shall maintain a written  
emergency operations plan that details the sequence of operations before,  during, 
and after a natural or manmade disaster or other emergency situation.  The 
plan must include, at a minimum, a lifesafety plan for evacuation,  
maintenance of the electrical and lighting supply, and provisions for the  health, 
safety, and welfare of the residents. In addition, the owner, manager,  or 
operator of the residential multifamily dwelling must keep written records of  
any contracts for alternative power generation equipment. Also, quarterly  
inspection records of lifesafety equipment and alternate power generation  
equipment must be posted in the elevator machine room or other place 
conspicuous  to the elevator inspector, which confirm that such equipment is properly  
maintained and in good working condition, and copies of contracts for 
alternate  power generation equipment shall be maintained on site for 
verification. The  written emergency operations plan and inspection records shall also 
be open for  periodic inspection by local and state government agencies as 
deemed necessary.  The owner or operator must keep a generator key in a 
lockbox posted at or near  any installed generator unit.  
(e)  Multistory affordable residential dwellings for persons age 62  and 
older that are financed or insured by the United States Department of  Housing 
and Urban Development must make every effort to obtain grant funding  from 
the Federal Government or the Florida Housing Finance Corporation to comply  
with this subsection. If an owner of such a residential dwelling cannot 
comply  with the requirements of this subsection, the owner must develop a plan 
with the  local emergency management agency to ensure that residents are 
evacuated to a  place of safety in the event of a power outage resulting from 
a natural or  manmade disaster or other emergency situation that disrupts 
the normal supply of  electricity for an extended period of time. A place of 
safety may include, but  is not limited to, relocation to an alternative site 
within the building or  evacuation to a local shelter.  
(f)  As a part of the annual elevator inspection required under s.  
_399.061_ 
(http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0399/Sec061.HTM) ,  certified elevator inspectors shall 
confirm that all installed generators  required by this chapter are in 
working order, have current inspection records  posted in the elevator machine 
room or other place conspicuous to the elevator  inspector, and that the 
required generator key is present in the lockbox posted  at or near the installed 
generator. If a building does not have an installed  generator, the 
inspector shall confirm that the appropriate prewiring and  switching capabilities 
are present and that a statement is posted in the  elevator machine room or 
other place conspicuous to the elevator inspector  affirming a current 
guaranteed contract exists for contingent services for  alternate power is 
current for the operating period. 

However, buildings,  structures, and facilities must, as a minimum, comply 
with the requirements in  the Americans with Disabilities Act Accessibility 
Guidelines.  


In a message dated 5/29/2009 2:03:52 P.M. Eastern Daylight Time,  
Evans.John at spcollege.edu writes:

To  Anyone,
The college is in the process of updating a 75 seat tier lecture  classroom 
in a building that was constructed in the 80's. We have made  accommodation 
for wheel chair bound handicap students on the ground floor and  we will 
update the rest of the building to the new accessibility code. My  question is 
that we are being told that we have to provide wheel chair access  to all 
levels of the tier seating area in the classrooms because that is what  is 
called for in Chapter 11 of the FBC. I am contending that since the  building 
was constructed prior to Oct.1st 1997 that it is exempt from this  
requirement and since this space is classified as an small assembly   space and it 
has less than 300 seat it is also exempt so long as we provide  wheel chair 
accessibility on the accessibility route and we are able to  accommodate other 
disability students spread within the upper levels of the  tier seating. 
The college has two of these classrooms and if we are required  to bring them 
up to accommoda!
te wheel chair accessibility on all levels  of the tier seating will make 
it financially unfeasible for the college to  proceed with the updating of 
this space.
Can someone offer some  classification on which opinion is correct or not 
correct and how should we  proceed with our project?
Thanks,




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