MyFloridaCode.com

HI Glenn
 
Florida Specific which is what 553.509 is, requires that all levels above  
habitable grade level be accessible.. With some exceptions. The one below is 
 stating that if it is disproportionate to the cost  of the alteration ..  
But no matter. All would have to go the advisory board for a  waiver.  
 
553.507 (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 
 
"ADA Language below" 
SEC. 303. NEW CONSTRUCTION AND ALTERATIONS IN PUBLIC
ACCOMMODATIONS  AND
COMMERCIAL  FACILITIES.
(a) Application of Term.--Except as provided  in subsection (b), as applied
to public accommodations and commercial  facilities, discrimination for
purposes of section 302(a)  includes--
(1) a failure to design  and construct facilities for first occupancy
later than 30 months after the date of enactment of this Act that  are
readily accessible to and usable by  individuals with disabilities, except
where an  entity can demonstrate that it is structurally impracticable  to
meet the requirements of such subsection in  accordance with standards set
forth or  incorporated by reference in regulations issued under  this
title;  and
(2) with respect to a facility  or part thereof that is altered by, on
behalf  of, or for the use of an establishment in a manner that affects  or
could affect the usability of the facility  or part thereof, a failure to
make alterations  in such a manner that, to the maximum extent  feasible,
the altered portions of the facility  are readily accessible to and usable
by  individuals with disabilities, including individuals who  use
wheelchairs. Where the entity is  undertaking an alteration that affects
or  could affect usability of or access to an area of the  facility
containing a primary function, the  entity shall also make the alterations
in such  a manner that, to the maximum extent feasible, the path of  travel
to the altered area and the bathrooms,  telephones, and drinking fountains
serving the  altered area, are readily accessible to and usable  by
individuals with disabilities where such  alterations to the path of
travel or the  bathrooms, telephones, and drinking fountains serving  the
altered area are not disproportionate to  the overall alterations in terms
of cost and  scope (as determined under criteria established by  the
Attorney General). 
Hopefully this answers your question. 
Tom Ricci 
BT Builders Inc 
954-214-4448 





In a message dated 5/29/2009 10:08:25 P.M. Eastern Daylight Time,  
glenmast at comcast.net writes:

don't  have the 2007 code here at home yet  but the 2004 11.4.1.6.3(f) 
talks  
about clustering the accessible seating in an altered assembly  .

glen
MAST DRAFTING AND DESIGN


----- Original Message  ----- 
From: "John Evans" <Evans.John at spcollege.edu>
To:  <codetalk at myfloridacode.com>
Sent: Friday, May 29, 2009 2:01  PM
Subject: [Florida Code Talk] Accessibility in Lecture  Halls


> 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,
>
> John  L. Evans, AIA, CBO
> College Architect & Certified Building  Official
> St. Petersburg College
> Phone # (727) 341-3262
>  P Think Green! Please do not print this e-mail unless  necessary
>
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