BOAA Minutes 01/31/2019January 31,2019
MINUTES OF THE MEETING OF THE COLLIER COI.JNTY
BOARD OF ADruSTMENT AND APPEALS
Naples, Florida, January 31,2019
LET IT BE REMEMBERED, the Collier County Board of
Adjustment and Appeals in and for the County of Collier, having
conducted business herein, met on this date at2:00 P.M. in
REGULAR SESSION at the Collier County Growth Management
Division Building, conference Room #6091610,2800 N. Horseshoe
Drive, Naples, Florida, with the following members present:
Chairman: John Melton
Eloy Ricardo
Randy Anderson
(Vacancy)
(Vacancy)
ALSO PRESENT:
Judy Puig, Operations Analyst, StaffLiaison
fuch Long, Director, Building Plans Review and Inspections
Jonathan Walsh, Chief Building Official
Tim Rygiel, Plumbing Plans Examiner and Inspector
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January 31,2019
Call to Order - Chairman
Chairman Melton called the meeting to ord er at 2:20 p.m.
I. Approval ofAgenda
Mn Andenon moved to appruve the Agenda Second by Mr. Ricardo. Carried unanimously 3 -
0.
II. Public Speakers
None
III. Agenda Item
A. Interpretation of the Florida Accessibility Code advisory 604.8.1.6 LavatorT aud 604.8.1.7
Water Closet
Creative World Schools was represented by Marianne Whitehouse @irector)' Larry
Schneider, Architect rnd Michael Patterson' Architect.
Mr. Schneider reported that the request is in response to a comment received from the plan
reviewer regarding an application for a day care center and the bathrooms proposed in the
classrooms. He noted:o That the design proposes a toilet in each classroom, with the lavatory outside the room.
o The design firm received a plan review comment from Collier County requiring a
lavatory to be located inside the toilet room.
o The plan review cited F ACBC 213.2, (Florida Accessibility Code for Building
Construction) 603 and 604 in the determination.
r Section 553.504(5) of the Florida Statute states "No t withstanding ss. 2 I i and 604 of
the standards, required bathing rooms and toilet rooms in new construction shall be
desigrted and constructed in accordance with the following: (a)The wheelchair
accessible toilet compartmen, must contain on accessible loatory within it..." . The
remainder ofthe language addresses the standards for the lavatory and the Statute does
not require a lavatory in a single user toilet room.
r Section 604.1.6 Lavatory of the FBC also references standards for a "wheelchair
accessible compartment" when requiring the lavatory.
r Staffis interpreting the Sections regarding the requirement for the lavatory within a
wheelchair accessible toilet compartment (an area within a toilet room) as a standard
for a single user toilet room.
o In his opinion, a single user toilet room does not require a lavatory under the current
standards.
Ms. Whitehouse reported that they have 17 schools in Florida which have been approved with a
similar classroom design. The space is used by children 2 - 4 years old who are supervised and
required to wash their hands after using the bathroom. She can provide the permits issued if
required.
The following was noted by the applicants and/or representatives during Committee discussion:
. That the proposed sink outside the toilet room is ADA accessible.
r Re-design ofthe toilet room to incorporate a sink could have an impact on the occupancy
ofthe building as the number of students is based on square footage requirements.
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January 31,2019
There are other handicap bathrooms proposed in the front and rear ofthe building for use
by patrons.
The classroom bathrooms are designed to be handicap accessible.
The use is "educational occupancy" under the FBC (Florida Building Code) and there are a
certain number of bathrooms required, however they do not have to be located in the
classroom.
Mr. Walsh reported:
o That Section 213.2 of the FACBC states a single user toilet room "... shall contain not
more than one lavatory..."o lfthe application was for renovation ofan existing space as opposed to new construction,
there is a possibility a different standard may apply.
. He contacted Building Oflicials in otherjurisdictions (Sarasota County, Charlotte County,
City of Marco Island, City of Naples who notified him verbally a lavatory would be
required in the room for this application. Lee County did not respond to the request.
o He did receive written comment from Kevin Barry of ADA Consulting of SWFL, LLC.
dated January 25,2019, on the matter.
. The space is intended for a wheelchair user which also requires a lavatory in the area
according to Section 553.504 ofthe Florida Statute.
o A waiver, Declaratory Statement, etc. could be obtained from the Florida Building
Commission and Staffwould suppo( any request should the applicant choose this route.
Mn Ricardo moved lo uphold Stulf s delermination in requiring a lavalory in lhe single user
toilet room lor the Crealive lforld School applicalion. Second by Mn Andenon. Canied
unanimously 3 - 0.
IV. Committee Member Comments
None
There being no further business for the good ofthe County, the meeting was adjourned by the
order of the Chair at 3:20 P.M.
COLLIER COUNTY BOARD OF ADJUSTMENT
AND APPEALS
-4/--
Chairman, John Melton
ra
a
tl
These Minutes were approved by the Board/Cha irmn o" Q f lS f &ol I
as oresented Y . or as amended
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Approval of Minutes from the Board of Adjustments & Appeals meeting:
I, ____________________________, hereby acknowledge I have received and read the
minutes of the meeting of the Board of Adjustment and Appeals held on January 31, 2019.
I approve the Minutes as submitted.
______________________________
Name
Member – Board of Adjustment & Appeals
John Melton