CITY OF ST. AUGUSTINE


MEMORANDUM


TO: Mark Knight, Director
Planning & Building Department

RE: Joaneda House Disability Access


Attached is a letter from the Division of Historical Resources, Florida Department of
State, regarding disability access to the Joaneda House at 57 Treasury Street.

Although the historical structure prohibits development of bathroom access in full
conformity with the provisions of the state code, there are two measures that we will
implement to bring the building within further- compliance without injury to its historic
structure or character:

1. Armrests will be installed within the bathroom; and.

2. Signs will be posted on the property identifying locations in the vicinity that permit full
disability access.




William R. Adams, Director



cc: William B. Harriss, City Manager
Jack Cubbedge, Assistant City Manager
Keith Hunt, Facilities Maintenance Supervisor






* DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Office of International Relations
Division of Elections
Division of Corporations
Division of Cultural Affairs
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
Division of Administrative Services





December 4, 2000


FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF HISTORICAL RESOURCES


MEMBER OF THE FLORIDA ,.-.r-
State Board of Education
Trustees of the Internal Improvement Trust Fund
Administration Commission
Florida Land and Water Adjudicatory Commnnission
Siting Board
Division of Bond Finance
Department of Revenue
Department of Law Enforcement
Department of Highway Safety and Motor Vehicles
Department of Veterans' Affairs


William R. Adams, Ph.D., Director
Historic Preservation/Heritage Tourism
P.O. Box 210
St. Augustine Florida 32085

RE: Joaneda House, 57 Treasury Street, St. Augustine

Dear -AdamsLU

At your request, we have completed our review of the Joaneda House property pursuant to the procedures
set forth in 4.1.7 (2) (b) of Appendix A to 28 CFR Part 36, Americans with Disability Act Accessibility
Guidelines (ADAAG) and equivalent procedures implementing Sections 553.501-553.513 Florida
Statutes. This review is based on information provided in the letter included in your submittal to this
office dated November 30, 2000 whichlincluded additional information to supplement your November 2,
2000 letter and our previous review dated November 6, 2000.

It is the opinion of this office that compliance with ADAAG 4.1.6 Accessible Buildings: Alterations and
the technical provisions of ADAAG including those for routes, entrances, and toilets, as well as, those for
ADAAG 4.1.7 (3) Historic Preservation Minimum Requirements will threaten or destroy the historic
significance of the Joaneda House, a qualified historic property, and alternative methods of access may be
used pursuant to 28 (CFR) Part 26 Subsection D Section 36.406(b) included by reference irr Section
553.503 Florida Statutes (see attached).

We concur that the construction, demolition of historic joists and modification of the second floor
structural system necessary to modify the restroom for full compliance with the Historic Minimum
Requirements will threaten or destroy historic material and the spatial configuration of the Joaneda
House, both considered character-defining features of this important Florida colonial building.

Alternative methods of access may be used to mitigate the lack of a fully accessible restroom. It is our
understanding that alternative methods of access could include such things as making the existing
restroom accessible to the extent feasible given the limitations of its existing spatial configuration,
offering alternative accessible restrooms at nearby, existing facilities, and other innovative solutions.

Should you have questions concerning this review please contact Phillip Wisley, one of our staff
architects, at (850) 487-2333.

Sincerely,




Janet der Matthews, Ph.D.
State Historic Preservation Officer


JSM/pw
RA Gray Building 500 South Bronough Street Talahassee, Florida 32399-0250 http://www.flheritage.com
0 Director's Office 0 Archaeological Research 0 Historic Preservation 01
(850) 488-1480 FAX 488-3353 (850) 487-2299 FAX 414-2207 (850) 487-2333 FAX 922-0496 (850)4


0 Historic Pensacola Preservation Board
(850) 595-5985 FAX 595-5989


( Palm Beach Regional Office
(561) 279-1475 FAX 279-1476


0 St. Augustine Regional Office
(904) 825-5045 FAX 825-5044


O(3 T
(813)2


historical Museums
88-1484 FAX 921-2503
upa Regional Office
72-3843 FAX: 272-2340








70:0195


I .. ... . .


mall, the professional office of a health
care provider, a terminal, depot, or other
station used for specified public transpor-
tation, or an airport passenger terminal.
(1) For the purposes of this section,
"professional office of a health care pro-
vider" means a location where a person or
entity regulated by a State to provide pro-
fessional services related to the physical
or mental health of an individual makes
such services available to the public. The
facility that houses a "professional office
of a health care provider" only includes
floor levels housing by at least one health
care provider, or any floor level designed
or intended for use by at least one health
care provider.
(2) For the purposes of this section,
shopping center or shopping mall
means-
(i) A building housing five or more
sales or rental establishments; or

(ii) A series of buildings on a common
site, connected by a common pedestrian
access route above or below the ground
floor, that is either under common owner-
ship or common control or developed ei-
ther as one project or as a series of related
projects, housing five or more sales or
rental establishments. For purposes of this
section, places of public accommodation
of the types listed in paragraph (5) of the
definition of "place of public accommoda-
tion" in Sec. 36.104 are considered sales
or rental establishments. The facility
housing a "shopping center or shopping
mall" only includes floor levels housing at
least one sales or rental establishment, or
any floor level designed or intended for
use by at least one sales or rental estab-
lishment.

(b) The exemption provided in para-
graph (a) of this section does not obviate
or limit in any way the obligation to com-
ply with the other accessibility require-
ments established in this subpart. For ex-
ample, alterations to floors above or below
the accessible ground floor must be acces-
sible regardless of whether the altered fa-
cility has an elevator.


with section 4.1.7 of appendix A to this
part.

(b) If it is determined under the proce-
dures set out in section 4.1.7 of appendix
A that it is not feasible to provide physical
access to an historic property that is a
place of public accommodation in a man-
ner that will not threaten or destroy the
historic significance of the building or fa-
cility, alternative methods of access shall
be provided pursuant to the requirements
of subpart C of this part.

Sec. 36.406. Standards for New
Construction and Alterations,,

(a) New construction and alterations
subject to this part shall comply with the
standards for accessible design published
as appendix A to this part (ADAAG).

(b) The chart in the appendix to this
section provides guidance to the user in
reading appendix A to this 'part
(ADAAG) together with subparts-- A-
through D of this part, when determining.
requirements for a particular facility.

Appendix to Sec. 36.406 .

This chart has no effect for purposes of
compliance or enforcement. It does not
necessarily provide complete or mandawt-
ry information.

Subparts A-D ADAAG.


Application,
General











Definitions........


Sec. 36.405. Alterations: Historic Preser-
vation

(a) Alterations to buildings or facilities
that are eligible for listing in the National
Register of Historic Places under the Na-
tTonal Historic Preservation Act (16
U.S.C. 470 et seq.), or are designated as
historic under State or-localJ.w.,_shall
comply to ther/maximum extent feasWbleW


36.102(b)(3):
public accom-
modations.
36.102(c): com-
mercial facili-
ties.
36.102(e): pub.
lic entities.
)6.103 (other
laws) -
36.401 ("for
first occupan-
cy").
36.402(a) (al-
terations).
36.104: com-
mercial facili-
ties, facility,.
place of pub-
lic accommo-
dation, pri-
vate club.
public accom-
modation.
public entity,
religious enti-
ty.
36.401(d)(l)(ii).
36.404(a)(2):
shopping cen-
ter or shop-
ping mall.


1, 2. 3.4.1.1.











3.5 Definitions.
including: ad-
dition, alter-
ation; ele-
ment, facility,
space, story.


_ Subparts A-D ADAAG


3



3

3



New Construc-
tion:.
General .............






Work Areas......
Structural Im-
practicability.
Elevator
Exemption.
Other Excep-
tions.
Alterations:
General.


Alterations Af-
fecting an
Arta Contain-
Sing.A Prima-
ry Function;
Path of Trav-
el; Dispropor-
tionality.
Alterations:
Special Tech-
nical Provi-
sions.
Additions...........
Historic Preser-
vation,
Technical Provi-
sions.
Restaurants and
Cafretrias.
Medical Care
Facilities.
Busness and
Mercantile.
Libraries ........
Transient Lodg-
ing (Hotels.
.Homeless
Shelters,
Etc.).
Transportation
Facilities.


4.1.6(j). techni-
cal infeasibili-
ty.


6.401(d)(l)(i).
36.404(a)(1):
professional
office of a
health care
provider.
6.402: alter-
ation; usabili-
ty.
6.402(c): to
the maximum
extent feasi-
ble.
16.401(a) Gen-
eral.
16.401(b) Com-
mercial facili-
ties in private
residences.
36.207 Places of
public accom-
modation in
private resi-
dences.
..........................
36.401(c) ..........
36.401(d)..........
36.404 ...............
..........................

36.401(b): com-
inercial facili-
ties in private
residences.
36.402...............
36.403...............


36.401-36.405...
36.405...............


.......................... 5.


4.1.2.
4.1.3.






4.1.1(3).
4.1.l(5)(a).
4.1.3(5).
4.1.1(5).
4.1.3(5) and
throughout.



4.1.6(1).
4:1.6(2).






4.1.6(3).


4.1.5.
4.1.7.
4.2 through
4.35.


.......................... (10, Reserved).


I ... .. 4 .










Florida Americans With Disabilities Accessibility
Implementation Act



553.501 Short title.--Sections 553.501-553.513 may be cited as the "Florida
Americans With Disabilities Accessibility Implementation Act."

History.--s. 1, ch. 93-183.

553.502 Intent.--The purpose and intent of ss. 553.501-553.513 is to incorporate
into the law of this state the accessibility requirements of the Americans with
Disabilities Act of 1990, Pub. L. No. 101-336, 42 U.S.C. ss. 12101 et seq., and to
obtain and maintain United States Department of Justice certification of the
Florida Accessibility Code for Building Construction as equivalent to federal
standards for accessibility of buildings, structures, and facilities. All state laws,
rules, standards, and codes governing facilities covered by the guidelines shall be
maintained to assure certification of the state's construction standards and codes.
Nothing in ss. 553.501-553.513 is intended to expand or diminish the defenses
available to a place of public accommodation under the Americans with
Disabilities Act and the federal Americans with Disabilities Act Accessibility
Guidelines, including, but not limited to, the readily achievable standard, and the
standards applicable to alterations to places of public accommodation.

History.--s. 1, ch. 93-183; s. 1, ch. 97-76.

553.503 Adoption of guidelines.--Subject to the exceptions in s. 553.504, the
federal Americans with Disabilities Act Accessibility Guidelines, as adopted by
reference in 28 C.F.R., part 36, subparts A and D, and Title II of Pub. L. No. 101-
336, are hereby adopted and incorporated by reference as the law of this state. The
guidelines shall establish the minimum standards for the accessibility of buildings
and facilities built or altered within this state. The 1997 Florida Accessibility
Code for Building Construction must be adopted by the Board of Building Codes
and Standards in accordance with chapter 120.

History.--s. 1, ch. 93-183; s. 2, ch. 97-76.

553.504 Exceptions to applicability of the guidelines.--Notwithstanding the
adoption of the Americans with Disabilities Act Accessibility Guidelines in s.
553.503, all buildings, structures, and facilities in this state shall meet the
following additional requirements when they provide increased accessibility:

(1) All new or altered buildings and facilities subject to ss. 553.501-553.513
which may be frequented in, lived in, or worked in by the public shall comply
with ss. 553.501-553.513.