Request,Application: Mary Johnston Plaintiff vs. VLN Development LLC, et al Defendant

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                                *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/11/2013 5:21:39 PM.****

Electronically Filed 06/11/2013 05:21:40 PM ET

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA

MARY JOHNSTON,
Plaintiff,
vs. Case No.: CACE12019330

VLN DEVELOPMENT, LLC., a
Florida Limited Liability Company,

Defendant.
/

PLAINTIFF MARY JOHNSTON’S REQUEST FOR JUDICIAL NOTICE

 

Plaintiff, MARY JOHNSTON, by and through undersigned counsel, respectfully
requests that the court take judicial notice of the 2007 Florida Building Code, Chapter 11,
Florida Accessibility Code for Building Construction.

1. Pursuant to legislative authority granted by Florida Statute Section
553.501 — 513, the Florida Building Code has been prepared by the Department of
Business and Professional Regulation, Building Department, and is part of Florida’s
Administrative Code.

2. Plaintiff requests that, pursuant to Florida Evidence Code, Fla. Stat. §
90.202(9) and 90.203.1, the Court take judicial notice of the provisions of Chapter 11 of
the 2007 Florida Building Code, and in particular the following relevant sections:

a. 11-1.1 Effective Date
b. 11-3 Definitions: Alteration, Element, Entrance, Path of
Travel, Ramp, Shopping Center or Shopping Mall.
11.4.1.1(a)
11-4.14 Entrance
11.4.1.6 iii, & (1)(a) & (b) & (3)(a) Ramps
11-4.8 Ramps

11-4.8.4 Landings
11-4.13.6 Maneuvering clearance at doors

a9

rr mei. Figure 25(a) Front Approach — Swinging Doors; Pull Side

j. Any other sections of the Code, which the court may deem to
be applicable.

4. The above referenced sections of The Florida Building Code are attached

hereto as Exhibit A.
Dated this 11"" day of June, 2013.

Respectfully submitted,

/s/ Robert L. Vessel

Robert L. Vessel, Esquire
Florida Bar No.: 314536
Shyamie Dixit, Esq.

Florida Bar No.: 719684
Dixit Law Firm, P.A.

3030 N. Rocky Point Drive West, Suite 260
Tampa, FL 33607
Telephone: (813) 252-3999
Facsimile: (813) 252-3997
E-mail: sdixit@dixitlaw.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by electronic email: Anna D. Torres, Esquire, P.O. Box 21289, West Palm
Beach, FL 33416-1289, at eservice@powersmenalis.com, atorres@powersmenalis.com,

jalexander@powersmenalis.com, Tploskunak@powersmenalis.com, this 11th day of
June, 2013.

/s/ Robert L. Vessel

Robert L. Vessel, Esquire
Florida Bar No.: 314536
Shyamie Dixit, Esq.
Florida Bar No.: 719684EXHIBIT A2007

«x! FLORIDA

sed

BUILDING
CODE

Chapter 11
| Florida Accessibility Code
for Building Construction

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CatSECTION 11-2
GENERAL

11-2.1 Provisions for adults. The specifications in this
code are based upon adult dimensions and anthropometrics.

11-2.2 Equivalent facilitation. Departures from particular
technical and scoping requirements of this code by the use of
other designs and technologies are permitted where the alter-
native designs and technologies used will provide substan-
tially equivalent or greater access to and usability of the
facility.

   

SECTION 11-3
MISCELLANEOUS INSTRUCTIONS AND
DEFINITIONS

11-3.1 Graphic conventions. Graphic conventions are
shown in Table 1. Dimensions that are not marked minimum
or maximum are absolute, unless otherwise indicated in the
text or captions.

11-3.2 Dimensional tolerances. All dimensions are subject
to conventional building industry tolerances for field condi-
tions.

11-3.3 Notes. Reserved.
11-3.4 General terminology.

Shall. Denotes a mandatory specification or requirement.

Should. Denotes an advisory specification or recommenda-
tion.

11-3.5 Definitions.

ACCESS AISLE, An accessible pedestrian space between
elements, such as parking spaces, seating, and desks, that
provides clearances appropriate for use of the elements.

ACCESSIBLE. A site, building, facility, or portion thereof
that complies with these guidelines.

ACCESSIBLE ELEMENT. An clement specified by these
guidelines (for example, telephone, controls and the like).

ACCESSIBLE ROUTE. A continuous unobstructed path
connecting all accessible elements and spaces of a building
or facility. Interior accessible routes may include corridors,
floors, ramps, elevators, lifts, and clear floor space at fix-
tures. Exterior accessible routes may include parking access
aisles, curb ramps, crosswalks at vehicular ways, walks,
ramps and lifts.

ACCESSIBLE SPACE. Space that complies with these
guidelines. i

ADAPTABILITY. The ability of certain building spaces
and elements, such as kitchen counters, sinks and grab bars,
to be added or altered so as to accommodate the needs of in-
dividuals with or without disabilities or to accommodate the
needs of persons with different types or degrees of disability.

ADDITION. An expansion, extension, or increase in the
gross floor area of a building or facility.

ADMINISTRATIVE AUTHORITY. A governmental
agency that adopts or enforces regulations and guidelines for
the design, construction, or alteration of buildings and facili-
ties.

ALTERATION. A change to a building or facility made by,
on behalf of, or for the use of a public accommodation or
commercial facility, that affects or could affect the usability
of the building or facility or part thereof. Alterations include,
butare not limited to, remodeling, renovation, rehabilitation,
reconstruction, historic restoration, changes or rearrange-
ment of the structural parts or elements, and changes or rear-
rangement in the plan configuration of walls and full-height
partitions. Normal maintenance, reroofing, painting or wall-
papering, or changes to mechanical and electrical systems
are not alterations unless they affect the usability of the
building or facility.

AREA OF RESCUE ASSISTANCE. An area, which has
direct access to an exit, where people who are unable to use
stairs may remain temporarily in safety to await further in-
structions or assistance during emergency evacuation.

 

 

 

 

Comply with. Meet one or more specifications of the cod

If, if...then. Denotes a specification that applies only when
the conditions described are present.

May. Denotes an option or alternative.

11.8

ASSEMBLY AREA. A room or space accommodating a
group of individuals for recreational, educational, political,
social, or amusement purposes, or for the consumption of
food and drink.

2007 FLORIDA BUILDING CODE— BUILDINGAUTOMATIC DOOR. A door equipped with a power-op-
erated mechanism and controls that open and close the door
automatically upon receipt of a momentary actuating signal.
The switch that begins the automatic cycle may be a photo-
electric device, floor mat, or manual switch (sce “Power-as-
sisted door”).

BUILDING. Any structure used and intended for supporting
or sheltering any use or occupancy.

CIRCULATION PATH. An exterior or interior way of pas-
sage from one place to another for pedestrians, including, but
not limited to, walks, hallways, courtyards, stairways and
stair landings.

CLEAR. Unobstructed.

CLEAR FLOOR SPACE, The minimum unobstructed
floor or ground space required to accommodate a single, sta-
tionary wheelchair and occupant.

CLOSED CIRCUIT TELEPHONE. A telephone with
dedicated line(s) such as a house phone, courtesy phone or
phone that must be used to gain entrance to a facility.

CROSS SLOPE. The slope that is perpendicular to the di-
rection of travel (see running slope).

CURB RAMP. A short ramp cutting through a curb or built
up to it.

DETECTABLE WARNING. A standardized surface fet
ture built in or applied to walking surfaces or other elements
to warn visually impaired people of hazards on a circulation
path.

  
  
  
  
   
 
  
    
 
  

 

a thing,
(3) The phrase has a record of such an impairment means
has a history of, or has been misclassified as having, a
mental or physical impairment that substantially limits
one or more major life activities.
(4) The phrase is regarded as having an impairment means:
(a) Has a physical or mental impairment that does not
substantially limit major life activities but that is
treated by a private entity as constituting such a limi-
tation;
(b) Has a physical or mental impairment that substan-
tially limits major life activities only as a result of the
attitudes of others toward such impairment; or

 

 

 

COMMON USE. Those interior and exterior rooms, spaces,
or elements that are made available for the use of a restricted.
group of people (for example, occupants of a homeless shel-
ter, the occupants of an office building, or the guests of such
occupants).

2007 FLORIDA BUILDING CODE— BUILDING

(c) Has not of the impairments defined in paragraph (1)
of this definition but is treated by a private entity as
having such an impairment.

(5) The term “disability” does not include:

11.9(a) Transvestism, transsexualism, pedophilia, exhibi-
tionism, voycurism, gender identity disorders not re-
sulting from physical impairments, or other soxual
behavior disorders;

(b) Compulsive gambling, kleptomania or pyromania; or

(c) Psychoactive substance use disorders resulting from
current illegal use of drugs.

DWELLING UNIT. A single unit which provides a kitchen
or food preparation area, in addition to rooms and spaces for
living, bathing, sleeping, and the like. Dwelling units in-
clude a single-family home or a townhouse used as a tran-
sient group home; an apartment building used as a shelter;
guestrooms ina hotel that provide sleeping accommodations
and food preparation areas; and other similar facilities used
on a transient basis. For purposes of this code, use of the term
“dwelling unit” does not imply the unit is used as a residence.

EGRESS, MEANS OF. A continuous and unobstructed way
of exit travel from any point in a building or facility to a pub-

- lic way. A means of egress comprises vertical and horizontal
travel and may include intervening room spaces, doorways,
hallways, corridors, passageways, balconies, ramps, stairs,
enclosures, lobbies, horizontal exits, courts and yards. An
accessible means of egress is one that complies with this
code and does not include stairs, steps, or escalators. Areas
of rescue assistance or evacuation elevators may be included
as part of accessible means of egress.

ELEMENT. An architectural or mechanical component ofa
building, facility, space, or site, e.g., telephone, curb ramp,
door, drinking fountain, seating, or water closet.

ENTRANCE. Any access point to a building or portion of a
building or facility used for the purpose of entering. An en-
trance includes the approach walk, the vertical access lead-
ing to the entrance platform, the entrance platform itself,
vestibules if provided, the entry door(s) or gate(s), and the
hardware of the entry door(s) or gate(s).

FACILITY. All or any portion of buildings, structures, site
improvements, complexes, equipment, roads, walks, pas-
sageways, parking lots or other real or personal property lo-
cated ona site.

GROUND FLOOR. Any occupiable floor less than one
story above or below grade with direct access to grade. A
building or facility always has at least one ground floor and
may have more than one ground floor as where a split level
entrance has been provided or where a building is built intoa
hillside.

MEZZANINE OR MEZZANINE FLOOR. That portion
of a story which is an intermediate floor level placed within
the story and having occupiable space above and below its
floor.

OCCUPIABLE. A room or enclosed space designed for hu-
man occupancy in which individuals congregate for amuse-
ment, educational or similar purposes, or in which occupants
are engaged at labor, and which is equipped with means of
egress, light, and ventilation.

OPERABLE PART. A part ofa piece of equipment or appli-
ance used to insert or withdraw objects, or to activate, deacti-
vate, or adjust the equipment or appliance (for example, coin
slot, push-button, handle).

 

POWER-ASSISTED DOOR. A door used for human pas-
sage with a mechanism that helps to open the door, or re-
lieves the opening resistance of a door, upon the activation of
a switch or a continued force applied to the door itself.

 

 

 

MARKED CROSSING. A crosswalk or other identified
path intended for pedestrian use in crossing a vehicular way.

MULTIPLE-FAMILY DWELLING. Any building con-
taining more than two dwelling units.

11.10

 

2007 FLORIDA BUILDING CODE—BUILDINGvided at a building or facility that is privately or publicly
owned.

RAMP. Awalking surface which has a running slope greater
than 1:20.

READILY ACHIEVABLE. Readily achievable means eas-
ily accomplishable and able to be carried out without much
difficulty or expense. In determining whether an action is
readily achievable factors to be considered include—

(1) The nature and cost of the action needed under this part
(Section 553.501 through 553.512, Florida Statutes);

(2) The overall financial resources of the site or sites in-
volved in the action; the number of persons employed at
the site; the effect on expenses and resources; legitimate
safety requirements that are necessary for safe opera-
tion, including crime prevention measures; or the impact
otherwise of the action upon the operation of the site;

(3) The geographic separateness, and the administrative or
fiscal relationship of the site or sites in question to any
parent corporation or entity;

(4) If applicable, the overall financial resources of any par-
ent corporation or entity; the overall size of the parent
corporation or entity with respect to the number of its
employees; the number, type, and location of its facili-
ties; and

(5) If applicable, the type of operation or operations of any
parent corporation or entity, including the composition,
structure, and functions of the workforce of the parent

corporation or entity.

   

RUNNING SLOPE. The slope that is parallel to the direc-
tion of travel (see “Cross slope”).

SERVICE ENTRANCE. An entrance intended primarily
for delivery of goods or services.

 

 

 

 

  
   

ea

PUBLIC USE. Interior or exterior rooms or spaces that are
made available to the general public. Public use may be pro-

 

 

 

 

2007 FLORIDA BUILDING CODE—BUILDING 14.14SIGNAGE. Displayed verbal, symbolic, tactile, and picto-
tial information.

SITE. A parcel of land bounded by a property line or a desig-
nated portion of a public right-of-way.

SITE IMPROVEMENT. Landscaping, paving for pedes-
trian and vehicular ways, outdoor lighting, recreational fa-
cilities, and the like, added to a site.

SLEEPING ACCOMMODATIONS. Rooms in which
people sleep; for example, dormitory and hotel or motel
guest rooms or suites.

SPACE. A definable area, e.g., room, toilet room, hall, as-
sembly area, entrance, storage room, alcove, courtyard, or
lobby.

STORY. That portion ofa building included between the up-
per surface of a floor and upper surface of the floor or roof
next above. If such portion of a building does not include
occupiable space, it is not considered a story for purposes of
this code. There may be more than one floor level within a
story as in the case of a mezzanine or mezzanines.

STRUCTURAL FRAME. The structural frame shall be
considered to be the columns and the girders, beams, trusses
and spandrels having direct connections to the columns and
all other members which are essential to the stability of the
building as a whole.

TACTILE. An object that can be perceived using the sense
of touch.

TEXT TELEPHONE. Machinery or equipment that em-
ploys interactive graphic (i.e., typed) communications
through the transmission of coded signals across the
standard telephone network. Text telephones can in-
clude, for example, devices known as TDDs (telecommu-
nication display devices or telecommunication devices
for deaf persons) or computers.

 

TRANSIENT LODGING. A building, facility, or portion
thereof, excluding inpatient medical care facilities, that con-
tains one or more dwelling units or sleeping accommoda-
tions. Transient lodging may include, but is not limited to,
resorts, group homes, hotels, motels, and dormitories.

VEHICULAR WAY. A route intended for vehicular traffic,

    

SECTION 11-4
ACCESSIBLE ELEMENTS AND SPACES: SCOPE
AND TECHNICAL REQUIREMENTS

11-4.1 Minimum requirements.
11-4.1.1 Application.

(1) General. This code establishes the minimum standards
for the accessibility of buildings and facilities built or al-
tered within the state.

(a) All areas of newly designed or newly constructed
buildings and facilities required to be accessible by
Section 11-4.1.2 and Section 11-4.1.3 and altered
portions of existing buildings and facilities required
to be accessible by Section 11-4.1.6 shall comply
with this code, Section 11-4,1 through Section
11-4.35, unless otherwise provided in this section or
as modified in a special application section.

with the requizements for that use

(3) Areas used only by employees as work areas. Areas that
are used only as work areas shall be designed and con-
structed so that individuals with disabilities can ap-
proach, enter, and exit the areas. This code does not
require that any areas used only as work areas be con-
structed to permit maneuvering within the work area or
be constructed or equipped (i.e., with racks or shelves)
to be accessible.

(4) Temporary structures. This code covers temporary
buildings or facilities as well as permanent facilities.
Temporary buildings and facilities are not of permanent
construction but are extensively used or are essential for
public use for a period of time. Examples of temporary
buildings or facilities covered by this code includes, but
are not limited to: reviewing stands, temporary class-
rooms, bleacher areas, exhibit areas, temporary banking
facilities, temporary health screening services, or tem-

 

 

 

 

such as a street, driveway, or parking lot.
WALK, An exterior pathway with a prepared surface in-

tended for pedestrian use, including general pedestrian areas
such as plazas and courts.

11.12

porary safe pedestrian passageways around a construc-
tion site. Structures, sites and equipment directly
associated with the actual processes of construction,
such as scaffolding, bridging, materials hoists, or con-
struction trailers are not included.

2007 FLORIDA BUILDING CODE—BUILDINGonds to move to a point 3 inches (76 mm) from the latch,
measured to the leading edge of the door.

11-4.13.11 Door opening force. The maximum force for
pushing or pulling open a door shall be as follows:

(1) Fire doors shall have the minimum opening force al-
lowable by the appropriate administrative authority.

(2) Other doors.
a te

  

(b) Interior hinged doors: 5 Ibf (22.2 N)
(©) Sliding or folding doors: 5 Ibf (22.2 N)
These forces do not apply to the force required to re-

tract latch bolts or disengage other devices that may
hold the door in a closed position.

11-4.13.12 Automatic doors and power-assisted doors. If
an automatic door is used, then it shall comply with
ANSI/BHMA A156.10-1985. Slowly opening, low-pow-
ered, automatic doors shall comply with ANSI
A156.19-1984. Such doors shall not open to back check
faster than 3 seconds and shall require no more than 15 Ibf
(66.6 N) to stop door movement. If a power-assisted door is
used, its door-opening force shall comply with Section
11-4.13.11 and its closing shall conform to the requirements
in ANSI A156.19-1984.

11-4.14 Entrances.

11-4,.14.1 Minimum number. Entrances required to be ac-
cessible by Section 11-4.1 shall be part of an accessible
route complying with Section 11-4.3. Such entrances shall
be connected by an accessible route to public transportation
stops, to accessible parking and passenger loading zones,
and to public streets or sidewalks if available [see Section
11-4.3.2(1)]. They shall also be connected by an accessible
route to all accessible spaces or elements within the building
or facility.

11-4.14.2 Service entrances. A service entrance shall not
be the sole accessible entrance unless it is the only entrance
toa building or facility (for example, ina factory or garage).

11-4.15 Drinking fountains and water coolers.

11-4.15.1 Minimum number. Drinking fountains or water
coolers required to be accessible by Section 11-4.1 shall
comply with Section 11-4.15.

11-4.15.2 Spout height. Spouts shall be no higher than 36
inches (915 mm), measured from the floor or ground sur-
faces to the spout outlet [see Figure 27(a)].

11-4.15.3 Spout location. The spouts of drinking fountains
and water coolers shall be at the front of the unit and shall di-
rect the water flow in a trajectory that is parallel or nearly
parallel to the front of the unit. The spout shall provide a

 

 

 

 
 
   

11-4.15.4 Controls. Controls shall comply with Section
11-4.27.4. Unit controls shall be front mounted or side
mounted near the front edge.

11-4.15.5 Clearances.

(1) Wall- and post-mounted cantilevered units shall have
a clear knee space between the bottom of the apron
and the floor or ground at least 27 inches (685 mm)
high, 30 inches (760 mm) wide, and 17 inches to 19
inches (430 mm to 485 mm) deep [see Figure 27(a)
and Figure 27(b)}. Such units shall also have a mini-
mum clear floor space 30 inches by 48 inches (760
mm by 1219 mm) to allow a person in a wheelchair to
approach the unit facing forward.

(2) Free-standing or built-in units not having a clear
space under them shall have a clear floor space at
least 30 inches by 48 inches (760 mm by 1219 mm)
that allows a person in a wheelchair to make a parallel
approach to the unit [see Figure 27(c) and Figure
27(d)]. This clear floor space shall comply with
Section! 1-4.2.4.

11-4.16 Water closets.

11-4.16.1 General. Accessible water closets shall comply
with Section 11-4.16.

11-4.16.2 Clear floor space. Clear floor space for water
closets not in stalls shall comply with Figure 28. Clear floor
space may be arranged to allow either a left-handed or
right-handed approach.

11-4.16.3 Height. The height of water closets shall be 17
inches to 19 inches (430 mm to 485mm) measured to the top
of the toilet seat [see Figure 29(b)]. Seats shall not be sprung
to return to a lifted position.

11-4.16.4 Grab bars. Grab bars for water closets not lo-
cated in stalls shall comply with Section 11-4.26 and Figure
29. The grab bar behind the water closet shall be 36 inches
(915 mm) minimum.

11-4,16.5 Flush controls. Flush controls shall be hand op-
erated or automatic and shall comply with Section
11-4.27.4. Controls for flush valves shall be mounted on the
wide side of toilet areas no more than 44 inches (1120 mm)
above the floor.

11-4.16.6 Dispensers. Toilet paper dispensers shall be in-
stalled within reach, as shown in Figure 29(b). Dispensers

that control delivery, or that do not permit continuous paper
flow, shall not be used.

11-4.17 Toilet stalls.

11-4,17.1 Location. Accessible toilet stalls shall be on an
accessible route and shall meet the requirements of Section
11-4.17.

11-4.17.2 Water closets. Water closets in accessible stalls
shall comply with Section 11-4.16.

flow of water at least 4 inches (102 mm) high so as to allow 11-4.17.3 Size and arrangement. The size and arrange-

the insertion of a cup or glass under the flow of water. On an
accessible drinking fountain with a round or oval bowl, the
spout must be positioned so the flow of water is within 3
inches (76 mm) of the front edge of the fountain.

2007 FLORIDA BUILDING CODE—BUILDING

ment of the standard toilet stall shall comply with Figure
30(a), Standard Stall. Standard toilet stalls with a minimum
depth of 56 inches (1420 mm) [see Figure 30(a)] shall have
wall-mounted water closets. If the depth of a standard toilet

11.29is provided at a site, and at least one is in an interior
location, then at least one interior public text tele-
phone shall be provided.

(ii) If an interior public pay telephone is provided in a
stadium or arena, in a convention center, in a hotel
with a convention center, or in a covered mall, at
least one interior public text telephone shall be pro-
vided in the facility.

(iii) Ifa public pay telephone is located in or adjacent toa
hospital emergency room, hospital recovery room,
or hospital waiting room, one public text telephone
shall be provided at each such location.

(d) Where a bank of telephones in the interior ofa build-
ing consists of three or more public pay telephones,
at least one public pay telephone in each such bank
shall be equipped with a shelf and outlet in compli-
ance with Section 11-4.31.9(2).

(18) If fixed or built-in seating or tables (including, but not
limited to, study carrels and student laboratory sta-
tions), are provided in accessible public or common use
areas, at least 5 percent, but not less than one, of the
fixed or built-in seating areas or tables shall comply
with Section 11-4.32. An accessible route shall lead to
and through such fixed or built-in seating areas, or ta-
bles.

(19) Assembly areas.

4 BiG

       

In addition, 1 percent, but not less than one, of all fixed
seats shall be aisle seats with no armrests on the aisle side, or
removable or folding armrests on the aisle side. Each such
seat shall be identified by a sign or marker. Signage notifying
patrons of the availability of such seats shall be posted at the
ticket office. Aisle seats are not required to comply with Sec-
tion H1-4.33.4.

areas, if (1) they accommodate at least 50 persons, or
if they. have audio-amplification systems, and (2)
they have fixed seating, shall have a permanently in-
stalled assistive listening system complying with
Section 11-4.33. For other assembly areas, a perma-
nently installed assistive listening system, or an ade-
quate number of electrical outlets or other
supplementary wiring necessary to support a porta-
ble assistive listening system shall be provided. The
minimum number of receivers to be provided shall be
equal to 4 percent of the total number of seats, but in
no case less than two. Signage complying with appli-
cable provisions of Section 11-4.30 shall be installed
to notify patrons of the availability of a listening sys-
tem.

(20) Where automated teller machines are provided, each
machine shall comply with the requirements of Section
11-4.34 except where two or more are provided at a lo-
cation, then only one must comply.

Exception: Drive-up-only automated teller machines
are not required to comply with Sections 11-4.34.2
and 11-4.34,3.

(21) Where dressing and fitting rooms are provided for use
by the general public, patients, customers or employ-
ees, 5 percent, but never less than one, of dressing
rooms for each type of use in each cluster of dressing
rooms shall be accessible and shall comply with Sec-
tion 11-4.35.

Examples of types of dressing rooms are those serv-
ing different genders or distinct and different functions
as in different treatment or examination facilities.

11-4.1.4 Reserved.

11-4.1.5 Accessible buildings: Additions. Each addi-
tion to an existing building or facility shall be regarded as
an alteration. Each space or element added to the existing
building or facility shall comply with the applicable pro-
visions of Section 11-4.1.1 to Section 11-4.1.3, mini-
mum requirements for new construction, and the
applicable technical specifications of Section] 1-4.2
through Section 11-4.35 and Section 11-5 through Sec-
tion 11-10. Each addition that affects or could affect the
usability of an area containing a primary function shall
comply with Section 11-4.1.6(2).

11-4,1.6 Accessible buildings: Alterations,

“cod

 

 

 

(b) This paragraph applies to assembly areas where audi-
ble communications are integral to the use of the
space (e.g., concert and lecture halls, playhouses and
movie theaters, meeting rooms, etc.). Such assembly

2007 FLORIDA BUILDING CODE—BUILDING

 

11.47(1) General. Alterations to existing buildings and facilities
shall comply with the following:

(a) No alteration shall be undertaken which de-
creases or has the effect of decreasing accessibil-
ity or usability of a building or facility below the
requirements for new construction at the time of
alteration.

Ifexisting elements, spaces, or common areas are
altered, then each such altered element, space,
feature, or area shall comply with the applicable
provisions of Section 11-4.1.1 to Section
11-4.1.3, minimum requirements for new con-
struction. If the applicable provision for new
construction requires that an element, space, or
common area be on an accessible route, the al-
tered element, space, or common area is not re-
quired to be on an accessible route except as
provided in Section 11-4.1.6(2), alterations to an
area containing a primary function.

(b)

(©) If alterations of single elements, when consid-
ered together, amount to an alteration of a room
or space in a building or facility, the entire space
shall be made accessible.

(d) No alteration of an existing element, space, or
area of a building or facility shall impose a re-
quirement for greater accessibility than that
which would be required for new construction.
For example, if the elevators and stairs in a build-
ing are being altered and the elevators are, in
turn, being made accessible, then no accessibility
modifications are required to the stairs connect-
ing levels connected by the elevator. If stair mod-
ifications to correct unsafe conditions are
required by other codes, the modifications shall
be done in compliance with these guidelines un-
less technically infeasible.

(e) At least one interior public text telephone com-
plying with Section 11-4.31.9 shall be provided
ift

(@ Alterations to existing buildings or facilities
with less than four exterior or interior public
pay telephones would increase the total num-
ber to four or more telephones with at least
one in an interior location; or

Alterations to one or more exterior or interior
public pay telephones occur in an existing
building or facility with four or more public
telephones with at least one in an interior loca-
tion.

Gi

 

 

 

(f) If an escalator or stair is planned or installed where
none existed previously and major structural modifi-
cations are necessary for such installation, then a
means of vertical access shall be provided that com-

11.18

plies with the applicable provisions of Section
11-4.7, 11-48, 11-4.10, or 11-4.11.

 

    

 

(g) In alterations, the requirements of Sections
11-4.1.3(9), 11-4.3.10 and 11-4.3.11 do not apply.

(h) Entrances: If a planned alteration entails alterations
to an entrance, and the building has an accessible en-
trance, the entrance being altered is not required to
comply with Section 11-4.1.3(8), except to the extent
required by Section 11-4.1.6(2). If a particular en-
trance is not made accessible, appropriate accessible
signage indicating the location of the nearest accessi-
ble entrance(s) shall be installed at or near the inac-
cessible entrance, such that a person with disabilities
will not be required to retrace the approach route
from the inaccessible entrance.

( If the alteration work is limited solely to the electri-
cal, mechanical, or plumbing system, or to hazardous
material abatement, or automatic sprinkler retrofit-
ting, and does not involve the alteration of any ele-
ments or spaces required to be accessible under these
guidelines, then Section 11-4.1.6(2) does not apply.

(J) Exception: In alteration work, if compliance with
Section 11-4.1.6 is technically infeasible, the alter-
ation shall provide accessibility to the maximum ex-
tent feasible. Any elements or features of the building
or facility that are being altered and can be made ac-
cessible shall be made accessible within the scope of
the alteration.

TECHNICALLY INFEASIBLE. With respect to an alter-
ation of a building or a facility, it has little likelihood of being
accomplished because existing structural conditions would

 

require removing or altering a load-bearing member which is
an essential part of the structural frame; or because other ex-
isting physical or site constraints prohibit modification or
addition of elements, spaces, or features which are in fulland
strict compliance with the minimum requirements for new

2007 FLORIDA BUILDING CODE—BUILDING(3) Special technical provisions for alterations to existing
buildings and facilities:

(a) Ramps. Curb ramps and interior or exterior ramps
to be constructed on sites or in existing
buildings or facilities where space limita-
tions prohibit the use ofa 1:12 slope or less
may have slopes and rises as follows:

@ _ Aslope between 1:10 and 1:12 is al-
lowed for a maximum rise of 6
inches (152 mm).

ii) A slope between 1:8 and 1:10 is al-
lowed for a maximum rise of 3
inches (76 mm), A slope steeper than
1:8 is not allowed.

Full extension of handrails at stairs shall
not be required in alterations where such
extensions would be hazardous or impossi-
ble due to plan configuration.
(©) Elevators.

(@ _Ifsafety door edges are provided in existing au-
tomatic elevators, automatic door reopening de-
vices may be omitted (see Section 11-4.10.6).

(i) Where existing shaft configuration or technical-
ity prohibits strict compliance with Section
11-4.10.9, the minimum car plan dimensions
may be reduced by the minimum amount neces-
sary, but in no case shall the inside car area be
smaller than 48 inches by 48 inches (1219 mm by
1219 mm).

(iii) Equivalent facilitation may be provided with an
elevator car of different dimensions when usabil-
ity can be demonstrated and when all other ele-
ments required to be accessible comply with the
applicable provisions of Section 11-4.10. For ex-
ample, an elevator of 47 inches by 69 inches
(1195 mm by 1755 mm) with a door opening on
the narrow dimension, could accommodate the
standard wheelchair clearances shown in Figure
4.

(d) Doors.

@ Where it is technically infeasible to comply with
clear opening width requirements of Section
11-4.13.5, a projection of $/, inch (16 mm) maxi-
mum will be permitted for the latch side stop.

(i) Ifexisting thresholds are ¥/, inch (19 mm) high or
less, and have (or are modified to have) a beveled.
edge on each side, they may remain.

(e) Toilet rooms.

(i) Where it is technically infeasible to comply with

Section 11-4,22 or 11-4.23, the installation of at

(b) Stairs.

 

ing with Section 11-4.16 and one lavatory com-
plying with Section 11-4.19, and the door shall
have a privacy latch.

(ii) Where it is technically infeasible to install a re-
quired standard stall [see Figure 30(a)], or where
other codes prohibit reduction of the fixture
count (i.e., removal of a water closet in order to
create a double-wide stall), either alternate stall
[see Figure 30(b)] may be provided in lieu of the
standard stall.

(iii) When existing toilet or bathing facilities are be-
ing altered and are not made accessible, signage
complying with Sections 11-4.30.1, 11-4.30.2,
11-4.30.3, 11-4.30.5 and 11-4.30.7 shall be pro-
vided indicating the location of the nearest acces-
sible toilet or bathing facility within the facility.

(f) Assembly areas.

@ Where it is technically infeasible to disperse ac-
cessible seating throughout an altered assembly
area, accessible seating areas may be clustered.
Each accessible seating area shall have provi-
sions for companion seating and shall be located
onan accessible route that also serves as a means }
of emergency egress.

Where it is technically infeasible to alter all per-
forming areas to be on an accessible route, at least
one of each type of performing area shall be made
accessible.

(g) Platform lifts (wheelchair lifts). In alterations, plat-
form lifts (wheelchair lifts) complying with Section
11-4.11 and applicable to this code shall be used as part
ofan accessible route. The use of lifts is not limited to the
four conditions in Exception 4 of Section 11-4.1.3(5).

(h) Dressing rooms. In alterations where technical
infeasibility can be demonstrated, one dressing room for
each sex on each level shall be made accessible. Where
only unisex dressing rooms are provided, accessible uni-
sex dressing rooms may be used to fulfill this require-
ment.

i

11-4.1.7 Accessible buildings: Historic preservation.
(1) Applicability.
(a) General rule. Alterations to a qualified historic
building or facility shall comply with Section 11-4.1.6 ,
the applicable technical specifications of Section 11-4.2
through Section 11-4.35 and the applicable special appli-
cation Section 11-5 through Section 11-10 unless it is de-
termined in accordance with the procedures in Section
11-4.1.7(2) that compliance with the requirements for
accessible routes (exterior and interior), ramps, en-
trances, or toilets would threaten or destroy the historic
significance of the building or facility in which case the
alternative requirements in Section 11-4.1.7(3) may be.

 

 

 

 

teast-one-unise?
cated in the same area as existing toilet facilities,
will be permitted in lieu of modifying existing
toilet facilities to be accessible. Each unisex toi-
let room shall contain one water closet comply-

 

11.20

used for the feature.

Exceptions: Reserved.
(b) Definition. A qualified historic building or facility is
a building or facility that is:

2007 FLORIDA BUILDING CODE—BUILDING11-4.6.5 Vertical clearance. Provide minimum vertical
clearance of 114 inches (2895 mm) at accessible passenger
loading zones and along at least one vehicle access route to
such areas from site entrance(s) and exit(s). At parking
spaces complying with Section 11-4.1.2(5)(b), provide
minimum vertical clearance of 98 inches (2490 mm) at the
parking space and along at least one vehicle access route to
such spaces from site entrance(s) and exit(s).

11-4.6.6 Passenger loading zones. Passenger loading
zones shall provide an access aisle at least 60 inches (1525
mm) wide and 20 feet (6096 mm) long adjacent and parallel
to the vehicle pull-up space (sce Figure 10). If there are
curbs between the access aisle and the vehicle pull-up space,
then a curb ramp complying with Section 11-4.7 shall be
provided. Vehicle standing spaces and access aisles shall be
level with surface slopes not exceeding 1:50 (2 percent) in
all directions.

11-4.7 Curb ramps.

11-4.7.1 Location. Curb ramps complying with Section
11-4.7 shall be provided wherever an accessible route
crosses a curb.

 
  

11-4.7.2 Slope. Slopes of curb ramps shall comply with Sec-
tion 11-4.8.2. The slope shall be measured as shown in Fig-

 

 

 

shall be flush and free of abrupt changes. Maximum slopes
of adjoining gutters, road surface immediately adjacent to
the curb ramp, or accessible route shall not exceed 1:20.

2007 FLORIDA BUILDING CODE—BUILDING

 

 

11-4.7.3 Width. The minimum width of a curb ramp shall
be 36 inches 2) 5 mm), exclusive of sara sides.

 

11-4.7.4 Surface. Surfaces of curb ramps sball comply with
Section 11-4.5.

 

11-4.7.6 Built-up curb ramps. Built-up curb ramps shall
be located so that they do not project into vehicular traffic
lanes (see Figure 13).

11-4.7.7 Detectable warnings. A curb ramp shall have a de-
tectable warning complying with Section 11-4.29.2. The
detectable warning shall extend the full width and depth of
the curb ramp.

11-4.7.8 Obstructions. Curb ramps shall be located or pro-
tected to prevent their obstruction by parked vehicles.

11-4.7.9 Location at marked crossings. Curb ramps at
marked crossings shall be wholly contained within the
markings, excluding any flared sides (see Figure 15).
11-4.7.10 Diagonal curb ramps. If diagonal (or corner
type) curb ramps have returned curbs or other well-defined
edges, such edges shalll be parallel to the direction of pedes-
trian flow. The bottom of diagonal curb ramps shall have 48
inch (1220 mm) minimum clear space as shown in Figure
15(c) and Figure 15(d). If diagonal curb ramps are provided
at marked crossings, the 48 inch (1220 mm) clear space
shall be within the markings [see Figure 15(c) and Figure
15(d)]. If diagonal curb ramps have flared sides, they shall
also have at least a 24 inch (610 mm) long segment of
straight curb located on each side of the curb ramp and
within the marked crossing [see Figure 15(c)].

11-4,7.11 Islands. Any raised islands in crossings shall be
cut through level with the street or have curb ramps at both
sides and a level area at least 48 inches (1220 mm) long be-
tween the curb ramps in the part of the island intersected by
the crossings [see Figure 15(a) and Figure 15(b)].

11-4.8 Ramps:

11-4.8.1 General. Any part of an accessible route with a
slope greater than 1:20 shall be considered a ramp and shall
comply with Section 11-4.8.

11-4.8.2 Slope and rise. The least possible slope shall be
used for any ramp. The maximum slope of a ramp in new
construction shall be 1 to 12. The maximum rise for any run
shall be 30 inches (760 mm) (see Figure 16). Curb ramps
a to be constructed-on-existing sites or in existing,
buildings or facilities may have slopes and rises as shown as
allowed in Section 11-4.1.6(3)(a) if space limitations pro-
hibit the use ofa 1 to 12 slope or less (see Section 1 1-4.1.6).

14.2511-4,8.3 Clear Width. The minimum clear width of a ramp
shall be 36 inches (915 mm).

«SSR a a

11-4.8.4 Landings. Ramps shall have level landings at bot-
tom and top of each ramp and each ramp run. Landings shall
have the following features:

 

(1) The landing shall be at least as wide as the ramp run
leading to it.

(Ons

  
  

 

 

(3) If ramps change direction at landings, the minimum
landing size shall be 60 inches by 60 inches (1525
mm by 1525 mm).

(4) If a doorway is located at a landing, then the area in
front of the doorway shall comply with Section
11-4.13.6.

11-4.8.5 Handrails. If a ramp run has a rise greater than 6
inches (150 mm) or a horizontal projection greater than 72
inches (1830 mm), then it shall have handrails on both sides.
Handrails are not required on curb ramps or adjacent to seat-
ing in assembly areas. Handrails shall comply with Section
11-4.26 and shall have the following features:

(1) Handrails shall be provided along both sides of ramp
segments. The inside handrail on switchback or dog-
leg ramps shall always be continuous.

 

      
   

(3) The clear space between the handrail and the wall
shall be 1'/ inches (38 mm).

(4) Gripping surfaces shall be continuous.

(5) Top of handrail gripping surfaces shall be mounted
between 34 inches and 38 inches (865 mm and 965
mm) above ramp surfaces.

(6) Ends of handrails shall be either rounded or returned
smoothly to floor, wall, or post.

(7) Handrails shall not rotate within their fittings.

11-4.8.6 Cross slope and surfaces. The cross slope of ramp

surfaces shall be no greater than 1:50, Ramp surfaces shall
comply with Section 11-4.5.

11-4.8.7 Edge protection. Ramps and landings with
drop-offs shall have curbs, walls, railings, or projecting sur-
faces that prevent people from slipping off the ramp. Curbs
shall be a minimum of 2 inches (50 mm) high (see Figure
171).

11-4.9.1 Minimum number, Stairs required to be accessi-
ble by Section 11-4.1 shall comply with Section 11-4.9.

11-4.9.2 Treads and risers. On any given flight of stairs, all
steps shall have uniform riser heights and uniform tread
widths. Stair treads shall be no less than 11 inches (280 mm)
wide, measured from riser to riser [see Figure 18(a)]. Open
risers are not permitted.

11-4.9.3 Nosings. The undersides of nosing shall not be
abrupt. The radius of curvature at the leading edge of the
tread shall be no greater than '/, inch (13 mm). Risers shall
be sloped or the underside of the nosing shall have an angle
not less thari 60 degrees from the horizontal. Nosing shall
project no more than 1'/, inches (38 mm) (see Figure 18).

11-4.9.4 Handrails. Stairways shall have handrails at both

sides of all stairs. Handrails shall comply with Section
11-4.26 and shall have the following features:

(1) Handrails shall be continuous along both sides of
stairs. The inside handrail on switchback or dogleg
stairs shall always be continuous [see Figure 19(a)
and Figure 19(b)].

(2) If handrails are not continuous, they shall extend at
least 12 inches (305 mm) beyond the top riser and at
least 12 inches (305 mm) plus the width of one tread
beyond the bottom riser. At the top, the extension
shall be parallel with the floor or ground surface. At
the bottom, the handrail shall continue to slope for a
distance of the width of one tread from the bottom
riser; the remainder of the extension shall be horizon-
tal [see Figure 19(c) and Figure 19(d)]. Handrail ex-
tensions shall comply with Section 11-4.4.

(3) The clear space between handrails and wall shall be
1'/, inches (38 mm).

(4) Gripping surfaces shall be uninterrupted by newel
posts, other construction elements, or obstructions.

(5) Top of handrail gripping surface shall be mounted be-
tween 34 inches and 38 inches (865 mm and 965 mm)
above stair nosing.

(© Ends of handrails shall be either rounded or returned
smoothly to floor, wall or post.

(7) Handrails shall not rotate within their fittings.

11-4,9.5 Detectable warnings at stairs. Reserved.

11-4.9,6 Outdoor conditions. Outdoor stairs and their ap-
proaches shall be designed so that water will not accumulate
on walking surfaces.

11-4.10 Elevators.

11-4.10.1 General. Accessible elevators shall be on an ac-
cessible route and shall comply with Section 11-4.10 and
with the ASME A17.1-1990, Safety Code for Elevators and
Escalators. Freight elevators shall not be considered as
meeting the requirements of this section unless the only ele-
-vators_provided_are_used_as_combination-passenger_and.

 

 

 

11-4.8.8 Outdoor conditions. Outdoor ramps and their ap-
proaches shall be designed so that water will not accumulate
on walking surfaces.

11-4.9 Stairs.

11.26

freight elevators for the public and employees.

11-4.10.2 Automatic operation. Elevator operation shall
be automatic. Each car shall be equipped with a self-level-
ing feature that will automatically bring the car to floor land-

2007 FLORIDA BUILDING CODE—BUILDINGserved by the elevators, the corresponding numerals shall il-
juminate, and an audible signal shall sound. Numerals shall
bea minimum of '/, inch (12.7 mm) high. The audible signal
shall be no less than 20 decibels with a frequency no higher
than 1500 Hz. An automatic verbal announcement of the
floor number at which a car stops or which a car passes may
be substituted for the audible signal.

11-4.10.14 Emergency communications. If provided,
emergency two-way communication systems between the
elevator and a point outside the hoist way shall comply with
ASME A17.1-1990. The highest operable part ofa two-way
communication system shall be a maximum of 48 inches
(1219 mm) from the floor of the car. It shall be identified by
a raised symbol and lettering complying with 11-4.30 and
Jocated adjacent to the device. If the system uses a handset
then the length of the cord from the panel to the handset shall
be at least 29 inches (735 mm). If the system is located in a
closed compartment the compartment door hardware shall
conform to Section 11-4.27, controls and operating mecha-
nisms. The emergency intercommunication system shall not
require voice communication.

11-4.11 Platform lifts (wheelchair lifts).

11-4.11.1 Location. Platform lifts (wheelchair lifts) permit-
ted by Section 11-4.1 shall comply with the requirements of
Section 11-4.11.

11-4.11.2 Other requirements. If platform lifts (wheel-
chair lifts) are used, they shall comply with Sections
11-4.2.4, 11-4.5, 11-4.27, and ASME A17.1, Safety Code
(for Elevators and Escalators, Section XX, 1990.

11-4.11.3 Entrance. If platform lifts are used then they shall
facilitate unassisted entry, operation, and exit from the liftin
compliance with Section 11-4.11.2.

11-4.12 Windows,
J1-4.12.1 General. Reserved.
11-4.12.2 Window hardware. Reserved.

11-4.13 Doors.
11-4.13.1 General.

(1) Doors required to be accessible by Section 11-4.1
shall comply with the requirements of Section
11-4.13.

yy

 

Me
ia. 13. 2 Revolving doors and Pieri

(1) Revolving doors or turnstiles shall not be the only
means of passage at an accessible entrance or along

an accessible route. An accessible gate or door shee
b \djacent_to_the

 

 

 

door and shall be so designed as sto facilitate the same
use pattern,

TN ait

11.28

  
  

 

 

11-4.13.3 Gates. Gates, including ticket gates, shall meetall
applicable specifications of Section 11-4.13.

11-4,13.4 Double-leaf doorways. If doorways have two in-
dependently operated door leaves, then atleast one leaf shall
meet the specifications in Section 11-4.13.5 and Section
11-4.13.6. That leaf shall be an active leaf.

11-4,13.5 Clear width. Doorways shall have a minimum
clear opening of 32 inches (813 mm) with the door open 90
degrees, measured between the face of the door and the op-
posite stop [see Figure 24(a), Figure 24(b), Figure 24(c),
and Figure 24(d)]. Openings more than 24 inches (610 mm)
in depth shall comply with Sections 11-4.2.1 and 11-4.3.3
[see Figure 24(e)].

Exception: Doors not requiring full user passage, such
as shallow closets, may have the clear opening reduced to
20 inches (510 mm) minimum.

11-4.13.6 Maneuvering clearances at doors. Minimum
maneuvering clearances at doors that are not automatic or
power-assisted shall be as shown in Figure 25. The floor or
ground area within the required clearances shall be level and.
clear.

Exception: Entry doors to acute care hospital bedrooms
for in-patients shall be exempted from the requirement
for space at the latch side of the door (see dimension “x”
in Figure 25) if the door is at least 44 inches (1120 mm)
wide.
11-4.13.7 Two doors in series. The minimum space be-
tween two hinged or pivoted doors in series shall be 48
inches (1219 mm) plus the width of any door swinging into
the space. Doors in series shall swing cither in the same di-
rection or away from the space between the doors [see Fig-
ure 26(a)]}.
11-4.13.8 Thresholds at doorways. Thresholds at door-
ways shall not exceed */, inch (1