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Item 8C AGENDA ITEM #8C MAY 24, 2004 ee* VIA FACSIMILE May 17, 2044 1im Hansen City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 322333-5445 Deaz Jim, I would l~ke to thank you for taking the time to meet with the Christopher Kathe the design engineer and myself last Friday in an attempt to resolve the walkover issue at 1867 Beach Avenue. i had hoped that after pointing out the error and inconsistencies contained in City Code 6-24 we could proceed ~ with a correcting the code quickly resolve this issue. However since modifying the code requires approval of the city council I suggest we precede with that process immediately. At your request I am writing this letter to enumerate the errors in city code 6-24 so that I may address ~ the powers that be and have these errors corrected The errors are as follows: 1) The intent of the city as explained to me by the building official was that the bottom of the stringers far the walkover be placed at 25 inches and that this dimension is maintained as closely as ~, possible. This dimension is called out on the city drawing as 25 inches minimum. Then: is no maximum dimension stated Whea dris oceurs on a drawing there is no maximum other than tho maximum building height of 35 feet.. It is impossible for a professional consharcting these structures to ascertain that the intent of the City of Atlantic Beach is to keep these sontceures close ~„ to the 2S inch minimum. 1 have been told that several of these strucaues were built far above that height and requested to be demolished and reconstructed undoubtedly causing damage to the dune system. This is a blatant error which needs to be amended. If the intent is 25 inches the word minimum should most definitely be omitted. ~„ 2) The code stated that the height of the walkover shall not vary by more that ten percent in height to allow for changes in topography. This is as impossible standard to construct. For this dimension to beheld the wallcovers would be a series of steps. This is due to We t~dic~ll changes in topography associated with dunes. This is not ody extremely damaging to the dune system but is in direct a,,, conflict with state building code 1007.5.1 "Stairways shall bo equipped with handrails located not less than 34 inches nor morn than 38 inches above the leading edge of a tread. •` it ha_s been argued by some that walkover Steps do not classify as stairways. l contend that if an elderly person or child is walking down S or b steps in a strong northeast wind that there is a great risk ofinjury a,,, attempting this without a handrail. 3) The next error is associated with safety. The Florida Building code specifically states in section 1015.1 that "All unenclosed floor and roof openings, open and glazed sides of landings, stairs, balconies and porches which are more than 30 inches above finished ground level or a floor below ~,,, shall be protected by a guardrail. Although some believe this is not required because the surface below is sand, l strongly disagree. Since the bottom of the stringer is 25 inches minimum and the stringer and deck board are almost 10 inches the walkovers are easily 3 feet above ground in some areas. l believe strongly that handicapped children like the one that resides at this home and the ~„ elderly are at significant risk I further believe that tbe Ciry of Atlantic Beach could face serious litigation for instituting design standard in conflict with state building codes. a,s AGENDA ITEM #8C MAY 24, 2004 4) The most disturbing error in this particular case is the inabi.tity to build a handicap accessible ramp to meet city standards 6-24. The standard does not allow for changes in height of more than 10% over the dune. Assuming that the minimum callous was omitted there remains a huge problem. Given the fluctuations in topography of virtually every dune in the city, it is impossible to build a handicap ramp would have to follow the topography of the dune system. A handicap ramp must have no more than a 1 inch rise in 12 feet By instituting this system the City of Atlantic Beach has made it impossible for a handicap person to build a ramp to access the beach. Clearly this was not the intent of the city's ordinance. It just so happens that a handicap child inhabits the house where the ramp in question is being constructed. I believe anyone with any disability should be able to access the beach. This standard precludes almost any disable person from constructing a walkover. A visually impaired Individual would have no handrail and would fall some 35 inches to the ground. An elderly person 1 believe is at considerable risk without the aid of handrails, An a person in a wheel chav would have to negotiate slopes four to five time the allowable standard. In conclusion, l apologize this letter was not better written. I was told late Friday afttrnoon I had to submit the letter on Monday and was out of town over the weekend. Hopefiilly enough information is coTttained to alert the council that a change needs to be made to correct this code. The mother of the handicap child is adamant that her child should be able to enjoy a safe walkover. I agree with bar wholeheartedly. lalso believe the code in its current state is unsafe and denies accessibility to many individuals. I have been a ~ design engineer all of my life. l have work on the most sophisticated drawings on the face of the eardt. I will gladly donate my time to help generate a better code. I will gladly debate the effectiveness ofthis code with any design professional anytime. I assume a licensed Architect developed this drawing. l believe he should be challenged as to the conformance with dimensioning and toleraning per the American National ~, Standards for drawings and related documentation practices. Best R , ._. ik illespi PS My cell phone number is 813-8334 and 1 have it with Tne at all times l_RF`rl-T~.?_~f1R Duu u9TSart o°Jn~ °luizznn .ern-in in , r co.. AGENDA ITEM #8C MAY 24, 2004 To: Jim Hanson, City Manager "'' From: Don C. Ford, CBO Date: May 17, 2004 The dune crossover Ordinance 6-24(b) was passed by unanimous approval on 9/23/96. The purpose of the ordinance was to create a low profile residential walkover structure without handrails. This structure would allow homeowners to access the beach without creating a structure protruding from the dune. The approved crossover was reviewed and approved by the Florida Department of Environmental Protection. The DEP has issued six permits to construct the approved designs. On May 11th we went to 1897 Beach Avenue to answer a complaint of a walkover being built "very high" above the dunes. Our inspector revealed a structure being built which was over 7 feet above the dune in one area. The entire structure averaged more than ~, 4 feet above the dune with handrails another 36"+ above the deck. We placed a stop work order on the project and met with the contractor to review his approved plans. The permitted plans were "red lined" to show needed changes in the project. The contractor was given a copy of Section 6-24 with the approved drawing. ~, Our reply to the contractor letter of May 17 follows by item number. 1. Minimum dimension on the example drawing is the minimum required by the DEP to be maintained above the dune. The maximum is controlled by the ~. section of the ordinance that states "height shall not vary more than 10 .percent". The statement about structures being demolished is not accurate. We have six crossovers constructed since this ordinance was adopted with no complaints. 2. Steps have been installed in areas where the topography has extreme changes. Handrails are allowed at very high steps. Reference to Chapter ~* 1007.5.1 is taken out of context. This chapter is for "Type I and II buildings, Groups A-1 and Group I buildings, and all other buildings three stories or more in height or occupied by more than 40 persons above or below the level ~* of discharge". 3. References to Chapter 1015.1 are taken out of context as this section refers to buildings and stairs, ramps, balconies etc., that are a part of the building, 4. The approved drawings do not refer to the structure as being a handicap ramp. As such no stairs are allowed. .. ~* AGENDA ITEM #8C MAY 24, 2004 ~* BUILDINGS AND BUILDING REGULATIONS § 6-30 ~,,, tions. Underground utilities, excluding pad transformers and vaults, shall be floodproofed to prevent infiltration of surface water expected under design storm conditions or shall otherwise be designed to function when submerged under such storm conditions. (b) All residential dune crossover structures shall be constructed in accordance with the beach dune walkover design as displayed in the plan attached to Ordinance No. 25-96-29, and a copy of which will be kept in the city clerk's office and the office of the building official. ~" Walkovers will have strict adherence to this design and shall not vary more than ten (10) percent in height to allow for changes in topography of the dune system. 8~ A C M DUNE WALK O V E R ~ TO OCFAN 1X TRFJGS SXt~ .S11MN~t u TYP1 QAL SEC7'IO N SOA6Et 1 ~A~' w 'i -.Q• REACH STORM VROitLE ;AAAj~RRly [X(+EC7ED REC£SSKINT N4TEt.PlX7E.ST13+S ON BEACH StpE TO LEYE~ of wudMUn at'~ RECESSiaN OURIVR A SEVFR~ 6TOIt4, "'"" (Ord. No. 25-86-17, § 1, 2-24-86; Ord. No. 25-96-29, 9-23-96) Secs. 6-25-6-30. Reserved. ~. Supp. No. 29 410.1 DECK SUPPORT LUY~lIiR J1LJ. 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