MyFloridaCode.com

THANKS to all that have replied either to the group or me directly. 

 

I believe the correct answer is 44" for the exterior accessible means of
egress walkway based on the numerous replies I have received. More
importantly I better understand why I could not get a straight answer from
the plans examiner given my question generated replies of both 36" & 44" for
what I thought was a simple question.

 

Rich

 

 

 

  _____  

From: FineR at gtlaw.com [mailto:FineR at gtlaw.com] 
Sent: Monday, March 08, 2010 3:23 PM
To: blemaster at co.okaloosa.fl.us; rich at wayneallenbuilding.com;
Bob at contractorsinstitute.com; codetalk at myfloridacode.com
Subject: RE: [Florida Code Talk] Handicap route widths

 

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:   <mailto:FineR at gtlaw.com> FineR at gtlaw.com

 

  _____  

     Tax Advice Disclosure: To ensure compliance with requirements imposed
by the IRS under Circular 230, we inform you that any U.S. federal tax
advice contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting, marketing or recommending to another party
any matters addressed herein.

 

     The information contained in this transmission may contain privileged
and confidential information.  It is intended only for the use of the
person(s) named above. If you are not the intended recipient,  you are
hereby notified that any review, dissemination, distribution or duplication
of this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies
of the original message. To reply to our email administrator directly,
please send an email to  <mailto:postmaster at gtlaw.com> postmaster 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

 

  _____  

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://myfloridacode.com/pipermail/codetalk/attachments/20100308/88a6b846/attachment.html