Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G20 - Florida Building Commission › Chapter 61G20-4 - HANDICAPPED ACCESSIBILITY STANDARDS › Section 61G20-4.001 - Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) All applications for a waiver or
				modification of the requirements of the Act or the Code shall be accompanied by
				a fee of $250.00 and filed on Form FBC 2014-01, Request for Accessibility
				Waiver, effective August 2015, adopted and incorporated herein by reference and
				available from the Building Code Information System at
https://floridabuilding.org/aw/accessibility_application_options.aspx
or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-05667
.
				Upon certification from an applicant that all information requested by these
				rules has been furnished and after review and verification by Commission Staff,
				the request will be scheduled for consideration at the Accessibility Advisory
				Council's next scheduled meeting provided that at least 7 days' notice can be
				given to the members of the Advisory Council.
(2) All Requests shall be prepared in
				accordance with the instructions on Form FBC 2014-01, but the Commission may
				waive a requirement in the instructions if the Commission finds the requirement
				unnecessary to the consideration of the Request. A Request shall be for one
				Project only, and no Request shall be considered by the Commission unless it
				shall have first been reviewed by the Council.
(3) At its meetings, the Council shall
				consider all Requests, and shall prepare a recommendation for the Commission on
				each Request. The recommendation may be for approval, approval for a specified
				time, approval with a specified condition, or disapproval. If the Council finds
				that the Request does not give it sufficient information to make a
				recommendation, it may also recommend that the Commission defer action on the
				Request until such information is furnished. In the absence of a quorum,
				individual members of the Council may present recommendations to the
				Commission.
(4) At the meeting of
				the Commission, the Chairman of the Council or his designee shall present the
				recommendations of the Council on each Request. At its discretion, the
				Commission may hear any argument in support of or opposition to any Request and
				it may at its discretion vote upon more than one Request together. In acting
				upon a Request, at its discretion the Commission may wholly or partly agree or
				disagree with the recommendation of the Council, and may approve any Request,
				may approve it for a specified time, may approve it with a specified condition,
				may disapprove it, or may defer it for additional information.
(5) The Commission may, subject to the
				limitations and requirements of Section
				553.512, F.S., waive one or more
				Florida specific requirements of the Act or the Code created pursuant to
				Sections 553.504 -
				553.511, F.S., if it finds that
				compliance with the literal requirements will cause an unnecessary,
				unreasonable, or extreme hardship. A waiver or denial of a waiver shall be
				applicable only to the project in the Request, and no waiver shall stand as
				precedent for any other project or projects. In order for the Commission to
				find an unnecessary, unreasonable, or extreme hardship, the owner of the
				project must show the following:
(a) That the
				hardship is caused by a condition or set of conditions affecting the owner
				which does not affect owners in general.
(b) That substantial financial costs will be
				incurred by the owner if the waiver is denied.
(c) That the owner has made a diligent
				investigation into the costs of compliance with the Code, but cannot find an
				efficient mode of compliance.