Adopt undated Florida Accessibility Code for Building Construction effective March 15, 2012.

DEPARTMENT OF COMMUNITY AFFAIRS
Florida Building Commission

RULE NO.: RULE TITLE:
9N-4.002: Florida Accessibility Code for Building Construction
PURPOSE AND EFFECT: Adopt undated Florida Accessibility Code for Building Construction effective March 15, 2012.
SUMMARY: The United States Department of Justice has adopted a new standard to implement the Americans with Disabilities Act that will become the federally mandated minimum construction design standard on March 15, 2012. In anticipation of the need to update Florida's accessibility code, the Florida Building Commission convened a workgroup and forwarded its consensus-based recommendations for Legislative review during the 2011 session. Those recommendations were adopted in Chapter 2011-222, Laws of Florida. The 2012 Florida Accessibility Code for Building Construction merges the federal minimum with Florida-specific, legislatively mandated enhancements. The Commission has selected an effective date of March 15, 2012, to implement the updated standard consistent with the effective date of the new Federal standards.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. An SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 553.503 FS.
LAW IMPLEMENTED: 553.503 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: August 9, 2011, 8:30 a.m. or as soon thereafter as the matter comes before the Commission in accordance with its agenda.
PLACE: Rosen Centre, 9840 International Drive, Orlando, Florida 32819
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 7 days before the workshop/meeting by contacting: Rick Dixon, Codes and Standards Program, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]. 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).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rick Dixon, Codes and Standards Program, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone], e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

9N-4.002 Florida Accessibility Code for Building Construction.

(1) The 2012 1997 Florida Accessibility Code for Building Construction (the Code) is adopted by reference as the rule of this Commission, effective October 1, 1997. The 2001 and 2004 revisions to the Code are herein incorporated into this rule by reference and shall take effect on the effective date of this rule. Copies of the Code and the 2001 and 2004 revisions are available on the internet at www.floridabuilding.org or by writing to the Codes and Standards Section, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.

(2) The Code is amended, and such amendments shall be integrated into the Florida Building Code, as follows:

(a) A second exception is added to section 4.3.3 providing that 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.

(b) The first paragraph of Section 4.6.4 is amended to read:

“Each such parking space must be prominently outlined with blue paint, and must be repainted when necessary, to be clearly distinguishable as a parking space designated for persons who have disabilities and must be posted with a permanent above-grade sign of a color and design approved by the Department of Transportation which is placed on or at a distance of 84 inches above the ground to the bottom of the sign and which bears the international symbol of accessibility, ADAAG s. 4.30.7 and the caption “PARKING BY DISABLED PERMIT ONLY”. Such sign erected after October 1, 1996, must indicate the penalty for illegal use of the space.” The shaded text that comprises the balance of Section 4.6.4 shall remain as currently adopted.

This rule will have a delayed effective date of March 15, 2012.

Rulemaking Authority 553.503 FS. Law Implemented 553.503 FS. History–New 9-14-97, Amended 10-31-99, 1-20-02, 1-20-08, 5-14-08, Formerly 9B-7.0042, Amended 3-15-12.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rick Dixon, Codes and Standards Program
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Building Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 7, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 20, 2011