Application for Waiver(s) for
The Waves Hotel
in the Historic Lord Balfour Hotel Building
350 Ocean Drive
Miami Beach, Florida 33139
GREENBERG TRAURIG, LLP | ATTORNEYS AT LAW | WWW.GTLAW.COM
Waiver being sought
• We are seeking a waiver from the
requirement to provide vertical
accessibility to the elevated (non-lobby)
first floor as would be otherwise
required by § 553.509, Fla. Stat. and 114.1.6(1)(f), FBC (2007).
Florida Statute
• Fla. Stat. 553.512 provides: the Florida
Building Commission shall provide by
regulation criteria for granting
individual modifications of, or
exceptions from, the literal
requirements of this part upon a
determination of unnecessary,
unreasonable, or extreme hardship…
Historic Preservation
• 553.502 Intent.--The purpose and intent of this part is to
incorporate into the law of this state the accessibility
requirements of the Americans with Disabilities Act of
1990, as amended, 42 U.S.C. ss. 12101 et seq., and to
obtain and maintain United States Department of Justice
certification of the Florida Accessibility Code for Building
Construction as equivalent to federal standards for
accessibility of buildings, structures, and facilities....
This part is not intended to expand or diminish the
defenses available to a place of public accommodation or a
commercial facility under the Americans with Disabilities
Act and the standards, including, but not limited to, the
readily achievable standard, and the standards applicable
to alterations to private buildings or facilities as defined by
the standards.
Historic Preservation (cont.)
• If it is determined under the procedure set out in
section [11-] 4.1.7 of appendix A that it is not feasible
to provide physical access to an historic property that
is a place of public accommodation in a manner that
will not threaten or destroy the historic significance
of the building or facility, alternative methods of
access shall be provided pursuant to the requirements
of subpart C of this part.
28 C.F.R. 36.405
Note: The relevant provisions of ADAAG 4.1.7 and FBC
11-4.1.7 are identical.
Technical infeasibility
• EXCEPTION: In alteration work, if compliance with
4.1.6 is technically infeasible, the alteration shall
provide accessibility to the maximum extent
feasible…
Technically infeasible. Means, with respect to an
alteration of a building or a facility, that 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
existing physical or site constraints prohibit
modification or addition of elements, spaces, or
features which are in full and strict compliance with
the minimum requirements for new construction and
which are necessary to provide accessibility.
The Project
• The project consists of an existing 65 guest
room historic three story hotel located at 350
Ocean Drive in the Ocean Beach Local Historic
District District.
• It is a qualified historic structure for the
purposes of the ADA, ADAAG, and Florida
Accessibility Code. (See letter from Thomas
Mooney, Design and Preservation Manager for
the City of Miami Beach, a certified local
government).
The Project
• The upper two levels contain hotel rooms.
• The lobby is located at an accessible entrance level
and the first floor, which contains guest rooms, is
located several risers above the lobby level.
• There is an existing elevator that provides access to
the upper floors guest rooms. However, the elevator
does not provide vertical accessibility to the first
floor or basement level; and its door provides a 34”
wide clear opening.
RELIEF SOUGHT
• WAIVER REQUEST NUMBER 1: Waive the
Florida requirement for a 36” wide clear
opening at the elevator door (or in the
alternative, waive the requirement to provide
vertical accessibility from the lobby level to
the second and third levels that contain hotel
rooms).
•
There is an existing elevator but the door does
not provide a 36” wide clear opening. It does
however provide a 34” clear opening which is wider
than the 32” clear opening required for most doors.
RELIEF SOUGHT
• WAIVER NO. 1: HARDSHIP BASIS:
• Enlarging elevator door would threaten
or destroy the historic character
… EXTREME AND UNREASONABLE HARDSHIP
RELIEF SOUGHT
• WAIVER REQUEST NO. 2
-Waiver the requirement to provide vertical
accessibility to the elevated first floor where
guest rooms are located
• WAIVER REQUEST NO. 3
- Waiver the requirement to provide vertical
accessibility to the basement level
RELIEF SOUGHT
• WAIVER REQUESTS NOS. 2 and 3
– Hardship basis
• Technical infeasibility- a lift would
encroach the required means of egress
(in each case)
• EXTREME OR UNREASONABLE HARDSHIP
HARDSHIP BASIS- REQUESTS 2&3
• The stair to the raised first floor is 60 inches wide
and is part of the historic lobby
• The stair to the basement is 3 feet 10 inches wide
and is located between 2 shear walls
• Fire Marshal and building code require minimum
44 inches clear width for means of egress– which
cannot be accomplish with a wheelchair lift
• The Fire Marshal considers the encroachment into
the clear width of a means of egress to be based
on the encroachment of the lift when open and
operating.
RELIEF REQUESTED
• Since providing FBC fully-compliant vertical
accessibility (elevator door clear opening)
would threaten or destroy the historic
character of the building, but would still
provide a greater than 32 inch wide clear
opening, we respectfully request that a
waiver be granted allowing for the proposed
project without enlarging the elevator door.
RELIEF REQUESTED
• Since providing vertical accessibility to the
raised first floor and basement levels is
technically infeasible in that so providing
would impermissibly encroach required means
of egress, we respectfully request a waiver be
granted from the requirement to provide
vertical accessibility to the raised first floor
and basement levels of the project.