Most new buildings and remodeled areas of existing buildings are required to be accessible. General guidelines as to what must be accessible are as follows:

• Single-family and duplex or 2-family dwellings are generally not required to be accessible except when they are part of a condominium or planneduse development.
• Existing privately funded multi-family buildings can generally undergo remodeling or alterations with little or no access work required except for public or employee areas.
• New dwelling units having all the living space on one floor and forming part of multi-family buildings comprised of four or more units, whether apartments, condominium or townhouses, must be accessible and must meet the following minimum requirements in accordance with the regulations of the Fair Housing Act which is part of the FBC, Chapter 11:
  • At least one accessible building entrance on an accessible route.
  • Accessible and usable public and common use areas.
  • All doors designed to allow passage by wheelchair users.
  • Accessible route into and through the dwelling unit.
  • Light switches, electrical outlets, thermostats, and other environmental controls must be accessible.
  • Bathroom walls must contain reinforcements in the walls to allow later installation of grab bars around toilets, tubs, shower stalls and seats.
  • Kitchens and bathrooms must be accessible and contain adequate maneuvering space.

Existing commercial buildings, when remodeled, must have the following minimum access features:

• At least one accessible building entrance with signs at the inaccessible entrances to direct the disabled;
• A path-of-travel to the remodeled area;
• Access in the remodeled area itself;
• Accessible toilet rooms that serve the remodeled areas;
• Accessible public telephones and drinking fountains serving the remodeled area;
• Accessible parking areas and spaces for the remodeled area with accessible spaces close to the accessible building entrances.

New commercial buildings must meet all minimum access standards for new buildings including accessibility of:

• Building approaches (from arrival on site to the building entrance);
• At least half of all building entrances;
• Accessible exits;
• All paths of travel within the building including corridors, elevators, and door widths;
• All common areas and uses throughout the building;
• All common toilet rooms;
• Public telephones and drinking fountains;
• Parking areas and spaces including provisions for tall van parking.

At least, the number of spaces indicated in the table below must be provided in newly constructed buildings and facilities as well as in an existing building being remodeled.

Yes. Even historical buildings, when remodeled or altered, must have the same accessible features (entrance, path-of-travel, toilets, phones, drinking fountains, and parking) as other buildings. The Florida Building Code does allow limited exceptions. However, they must be applied on a case-by-case, or item-by-item basis. Exceptions may be granted, in accordance with the procedures established in the code, in cases where compliance with the accessibility requirements would threaten or destroy the historic significance of the building.

To be considered as a qualified historical building, the building must be listed in a register, publication, or local inventory such as: 

• Federal List of Historical Places;
• Designated as historic under an appropriate State orLocal law

Possibly. If you are remodeling or altering an existing building, you may request an exception based on unreasonable hardship. In making an unreasonable hardship request, six key factors must be considered:

1. Cost of providing access.
2. Cost of all construction contemplated.
3. Impact of access work on financial feasibility of the project.
4. Nature of the accessibility, which would be gained or lost.
5. Nature of the use of the facility under construction and its availability to persons with disabilities.
6. Whether it is technically unfeasible due to existing structural or other conditions.

Even when hardships are granted for financial reasons, however, the building owner must spend up to 20% of the construction cost for accessible features. In choosing which accessible elements to provide, priority shall be given in the following order: 

• An accessible entrance;
• An accessible route to the altered area;
• At least one accessible toilet room for each sex;
• Accessible drinking fountains; and
• Additional features such as parking, storage, and alarms.

When making an appeal, it is important to consider “equivalent facilitation” or alternate methods to achieve accessibility. A few common alternatives are: alternate building entrances; street “blue zone” parking for tall vans; special access lifts; and signage to direct people with disabilities.

In regards to appeal forms, hearing dates and procedures, please contact the Florida Building Commission at 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.

The code requires that vertical accessibility be provided to all normally occupied levels. This may not necessarily entail the use of an elevator. Elevators are not required in facilities that are less than three stories in height or that have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, the professional office of a health care provider, or another type of facility as determined by the U.S. Attorney
General.

However, vertical accessibility will still need to be provided by other means, such as ramps, lifts, etc., even in cases where an elevator as such is not required. Exemptions to the vertical accessibility requirement are:

• Mechanical rooms, equipment catwalks, lubrication pits and other similar areas.
• Storage and other spaces not designed for human occupancy.
• Spaces not open to the public and that house no more than five persons.