MyFloridaCode.com

The issue, I believe, may have to do with means of egress.  There are
some places that the accessibility statutes (553.501-553-513)
specifically require a 44" wide path and these are written into Chapter
11.  Outside of those areas, though, you have to consider whether your
accessible route is the means of egress for the guy in the wheelchair.
If it is, then you may need 44" just like other means of egress
(including exterior means of egress)-- that's why the ramp has to be
44".  If the path is not the means of egress for the wheelchair and the
statute/code does not expressly require the 44", you shouldn't have to
do it.
 
Keep in mind that even if you are not exempt from the accessibility
code, you are likely subject to the "alterations standards" not new
construction standards (it is an existing building, after all).  See
11-4.1.6.  If it is technically infeasible to provide 44", you may not
have to do it... just the maximum extent feasible.
 
[BTW:  this was not, and should not be considered legal advice- and is
for discussion purposes only]
 
Good luck,
 
Robert
 
Robert S. Fine, Esq., AIA
Environmental, Land Development, Accessibility,
Building and Life Safety Codes Law
Board Certified in Construction Law
Greenberg Traurig, PA
1221 Brickell Avenue
Miami, Florida 33131
Tel: (305) 579-0826
Fax:(305) 961-5826
E-Mail:  FineR at gtlaw.com <mailto:FineR at gtlaw.com> 

________________________________

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Bill LeMaster
Sent: Monday, March 08, 2010 1:57 PM
To: 'Rich Allen'; 'Bob Koning'; codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] Handicap route widths



If the rise and run is 1:20 it is not considered a ramp. If it is
steeper than 1:20 (1:19) then it would be a ramp.

Thank you,

 

William T. LeMaster CBO/CEAP/MCP

Okaloosa County

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Rich Allen
Sent: Friday, March 05, 2010 11:20 AM
To: 'Bob Koning'; codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] Handicap route widths

 

Thanks Bob. 

 

The original construction is in the 60's or 70's but the modifications
without a permit have changed the accessibility of the original
structure therefore both (ii) & (iii) are enforceable if my
interpretation is correct. And if I had to guess there have been other
modifications over the years inside the building without a permit that I
am unaware due to multiple owner changes over the years.

 

I have a 5' wide accessible route from the handicap parking space in the
parking lot to the top of the ramp. I have a 48" wide ramp with
handrails at 1:20 slope for 27'. I have a 5'x5' level landing at the top
of the ramp and the bottom of the ramp. I have a 41" wide level walkway
from the bottom landing to the front door of the building. I am stating
that per 11-4.3.3 - Accessible Route Width - that the walkway from the
landing to the door only has to be 36" minimum not 44" as the 44"
requirement is for ramps and parking spaces. Is this a correct
interpretation?

Thanks
Rich

 

________________________________

From: Bob Koning [mailto:Bob at ContractorsInstitute.com] 
Sent: Friday, March 05, 2010 11:38 AM
To: Rich Allen; codetalk at myfloridacode.com
Subject: RE: [Florida Code Talk] Handicap route widths

 

Rich what is the date of ORIGINAL construction for the building. If
before Oct, 1997 then all of these are exempt. Follow Federal
guidelines, the Building Department cannot enforce the FBC provision
upon it:

11-4.1.6 Accessible buildings: Alterations.

 

This edition of the code does not apply to buildings, structures or
facilities which were in existence on October 1,1997, unless:

 

(i) The building, structure or facility is being converted from
residential to nonresidential or mixed use, as defined by local law.

 

(ii) The proposed alteration or renovation of the building, structure or
facility will affect usability or accessibility to a degree which
invokes the requirements of Section 303(a) of the ADA of 1990, or

 

(iii) The original construction or any former alteration or renovation
of the building, structure or facility was carried out in violation of
applicable permitting law:

 

*****

 

If not, the accessible route must be 44" at curb ramps and at accessible
parking spaces:

11-4.6 Parking and passenger loading zones. 

 

11-4.6.1 Minimum number. Parking spaces required to be accessible by
Section 11-4.1 shall comply with Sections 11-4.6.2 through Section
11-4.6.5. Passenger loading zones required to be accessible by Section
11-4.1 shall comply with Section 11-4.6.5 and 11-4.6.6. 

 

11-4.6.2 Location. Accessible parking spaces serving a particular
building shall be located on the shortest safely accessible route of
travel from adjacent parking to an accessible entrance. In parking
facilities that do not serve a particular building, accessible parking
shall be located on the shortest accessible route of travel to an
accessible pedestrian entrance of the parking facility. In buildings
with multiple accessible entrances with adjacent parking, accessible
parking spaces shall be dispersed and located closest to the accessible
entrances.

 

(1)                All spaces must be located on an accessible route no
less than 44 inches (1118 mm)wide so that users will not be compelled to
walk or wheel behind parked vehicles.

 

R.J.Koning - Director

Contractors Institute

rjkoning at contractorsinstitute.com

8301 Joliet Street

Hudson, Fl 34667

727-863-5147

 

 

 

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Rich Allen
Sent: Friday, March 05, 2010 9:50 AM
To: codetalk at myfloridacode.com
Subject: [Florida Code Talk] Handicap route widths

 

Hello Group

 

I have been hired to help a commercial building owner that performed
work with out a permit. I have no problem removing and reinstalling
items that clearly are wrong but I do not want to waste money on items
that do not need to be fixed. The issue is a handicap route from the
front door to the parking lot. Due to elevation changes a single ramp is
required. There is a 5'x5' landing at the top and bottom of the ramp.
The ramp is 44" wide. The problem is the walkway leading to the ramp is
33' long and only 41" wide. The current plans reviewer wants the walkway
removed and reinstalled to 44" wide and a 5'x5' "rest area" in the
middle of it. The reviewer claims the walkway needs to be 44" wide per
code but cannot show me where in the code it says that. I keep going
back to 11-4.3.3 that states 36" minimum clear width for an accessible
route and the reviewer says that because the ramp the ramp requires 44",
the walkway has to be also. "I have been doing this a long time and this
is the way it has to be" per the plans reviewer.

 

At this point I am going to make the changes per the reviewer so the
project can move forward but am I correct or the plans reviewer?

Thanks

Rich

 


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