2012 Florida Accessibility Code for Building Construction Pocket Guide

Advisory 202.3 Alterations. Although covered entities are permitted to limit the scope of an alteration to individual elements, the alteration of multiple elements within a room or space may provide a cost-effective opportunity to make the entire room or space accessible. Any elements or spaces of the building or facility that are required to comply with these requirements must be made accessible within the scope of the alteration, to the maximum extent feasible. If providing accessibility in compliance with these requirements for people with one type of disability (e.g., people who use wheelchairs) is not feasible, accessibility must still be provided in compliance with the requirements for people with other types of disabilities (e.g., people who have hearing impairments or who have vision impairments) to the extent that such accessibility is feasible.

Florida requirements for existing parking s.553.5041(g), F.S., and vertical accessibility s.553.509, F.S., are incorporated into this general section applicable to alterations. Florida requirements may be waived down to the ADA Standards requirements.

Advisory 202.3.1 Prohibited Reduction in Access. Department of Justice regulations 28 CFR 35.133 for public entities (Title II) and 28 CFR 36.211 for private entities (Title III) clarify that reduction of accessibility is benchmarked to the 2010 ADA Standards for Accessible Design as adopted by this code. Those regulations state: “If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.”