The Florida Building Commission announces its intent to pursue United States Department of Justice (DOJ) certification of equivalency for the 2012 Florida Accessibility Code for Building Construction (2012 Florida Accessibility Code). Certification ...

DEPARTMENT OF COMMUNITY AFFAIRS
Division of Housing and Community Development

The Florida Building Commission, “The Commission”, NOTICES A PUBLIC HEARING ON ITS INTENT TO REQUEST CERTIFICATION OF THE 2012 FLORIDA ACCESSIBILITY CODE FOR BUILDING CONSTRUCTION BY THE UNITED STATES DEPARTMENT OF JUSTICE TO BE HELD DURING ITS JANUARY 2012 MEETING announces a public meeting to which all persons are invited.
DATE AND TIME: January 31, 2012, 8:30 a.m. – completion
PLACE: Trade Winds Island Grand Hotel, 5500 Gulf Boulevard, St. Pete Beach, Florida 33706, [phone]
GENERAL SUBJECT MATTER TO BE CONSIDERED: The Florida Building Commission announces its intent to pursue United States Department of Justice (DOJ) certification of equivalency for the 2012 Florida Accessibility Code for Building Construction (2012 Florida Accessibility Code). Certification is based on determination by the DOJ that the 2012 Florida Accessibility Code, which replaces the certified 1997 Florida Accessibility Code for Building Construction (1997 Florida Accessibility Code), meets or exceeds the minimum requirements of the Americans with Disabilities Act (ADA) for accessibility and usability of places of public accommodation and commercial facilities. At any enforcement proceeding under title III of the ADA, certification provides rebuttable evidence that the Code meets or exceeds the minimum requirements of title III for private facilities. Determination of equivalency is determined by comparison to the DOJ adopted Americans with Disabilities Act Standards for Accessible Design (ADA Standards).
Chapter 553, Part II, Accessibility by Handicapped Persons, Florida Statutes, establishes the Florida Accessibility Code for Building Construction. Section 553.502 of Part II establishes the intent of the law that … “All state laws, rules, standards and codes governing facilities covered by the Americans with Disabilities Act Standards for Accessible Design shall be maintained to assure certification of the state’s construction standards and codes.” The 1997 Florida Accessibility Code, which is based on the 1991 ADA Standards as revised 1994, was issued a certification of equivalency by the DOJ and compliance with the 1997 Code provides rebuttable evidence of compliance with the minimum requirements of title III of the ADA until the 2010 ADA Standards become mandatory March 15, 2012.
The DOJ adopted final rules creating the 2010 ADA Standards September 15, 2010. The Florida Building Commission developed the 2012 Florida Accessibility Code to maintain consistency with the 2010 ADA Standards and adopted it by rule October 2011. The update to the Accessibility Code is intended to allow application for DOJ certification and it is scheduled to take effect concurrent with the date for mandatory use of the 2010 ADA Standards, March 15, 2012.
The 2012 Florida Accessibility Code and supporting documentation, this notice of intent to pursue certification and notice of hearing can be viewed and downloaded from the Florida Building Commission website: www.FloridaBuilding.org under the “Hot Topics” tab or can be viewed and copied at the Commission’s office: Building Codes and Standards Office, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399-2100.
A copy of the agenda may be obtained by contacting: Ms. Barbara Bryant, Building Codes and Standards Office, Division of Housing and Community Development, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, call: [phone], Fax: [phone] or see the Commission’s website at: www.floridabuilding.org.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 10 days before the workshop/meeting by contacting: Ms. Barbara Bryant, Building Codes and Standards Office, Division of Housing and Community Development, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 or call: [phone], Fax: [phone] or see the Commission’s website at: www.floridabuilding.org. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, he/she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence from which the appeal is to be issued.
For more information, you may contact: Ms. Barbara Bryant, Building Codes and Standards Office, Division of Housing and Community Development, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, call: [phone], Fax: [phone], or see the Commission’s website at: www.floridabuilding.org.