N.Y.C. Admin. Code § BC 1101: Section BC 1101: General

1101.1 Scope.

The provisions of this chapter and Appendices E and N shall control the design and construction of facilities for accessibility for individuals with disabilities.

1101.2 Design.

Buildings and facilities shall be designed and constructed to be accessible in accordance with ICC A117.1 and this code.

1101.3 Special provisions for prior code buildings.

The provisions of this chapter shall apply to alterations, including minor alterations but excluding ordinary repairs, and changes of use or occupancy to prior code buildings, portions of such buildings, and spaces within such buildings in accordance with Sections 1101.3.1 through 1101.3.5. Alterations within prior code buildings affecting an area containing a primary function shall comply with the requirements of Section 1101.4. This section shall not impose a requirement for greater accessibility than that which would be required for new construction, nor shall it reduce or have the effect of reducing accessibility.

Exception: The provisions of this chapter are not applicable to:

1. Group R-3 occupancies in buildings with first occupancy on or before March 13, 1991.

2. Group R-3 occupancies in buildings with first occupancy after March 13, 1991, and originally constructed in a single structure with fewer than four dwelling or sleeping units.

1101.3.1 Requirements based on change of occupancy or how a space is used.

Accessible features and construction governed by this chapter shall be provided:

1. To the entire building, as if the building were hereafter erected, where a change is made in the main use or dominant occupancy of such building.

2. Throughout a space, including the immediate entrance(s) thereto, where an alteration is made that is considered either: (i) a change in occupancy classification of such space in accordance with this code, or (ii) a change in the zoning use group of such space in accordance with the New York City Zoning Resolution.

2.1. Where the immediate entrance(s) to such space provides direct access to the sidewalk, such immediate entrance(s) shall be provided with an accessible route to the sidewalk. Where the immediate entrance(s) to such space are only through an adjacent space, such as a building lobby, such space shall be provided with an accessible route, through the adjacent space, to the sidewalk.

2.2. Where elevator service is provided in the building, an accessible route shall be required to a rooftop, where prior to a change in use or occupancy, such rooftop was not intended for general public or occupant use.

1101.3.2 Requirements based on value of alterations.

Accessible features and construction governed by this chapter shall be provided:

1. To the entire building undergoing alterations, as if the building were hereafter erected, where the value of alterations exceeds 50 percent of the value of the existing building.

2. To the portion of the building being altered, to the extent of the alteration, including minor alterations but excluding ordinary repairs, where the value of the alteration does not exceed 50 percent of the value of the existing building.

2.1. Within buildings with first occupancies on or before March 13, 1991, bathrooms and powder rooms located in dwelling units in such portion being altered shall comply with this chapter or with prototype layouts established by rule.

1101.3.3 Directional accessibility signage.

Directional signage shall be provided in accordance with Section 1111.2 at or in close proximity to inaccessible building entrances, inaccessible public toilets and bathing facilities, and elevators not serving an accessible route, indicating the route to the nearest like accessible element where such accessible element is provided, such that an individual with disabilities will not be required to retrace the approach route from the inaccessible element.

1101.3.4 Identifying accessibility signage.

Identifying accessibility signage shall be provided in accordance with item 5 of Section 1111.1 at accessible building entrances where not all entrances are accessible.

1101.3.5 Waiver of requirements.

The commissioner may waive the requirements of this chapter for the alteration of prior code buildings, provided that such waiver would not significantly adversely affect provisions for health, safety and security and that equally safe and proper alternatives are prescribed and, that such waiver is based upon a specific finding that strict compliance with the requirement:

1. Would create an undue economic burden;

2. Would not achieve its intended objective;

3. Would be physically or legally impossible;

4. Would be unnecessary in light of alternatives which ensure the achievement of the intended objective or which, without a loss in the level of safety, achieve the intended objective more efficiently, effectively or economically; or

5. Would entail a change so slight as to produce a negligible additional benefit consonant with the purposes of this chapter.

1101.3.5.1 Application process.

Each application for a waiver shall be made to the commissioner in writing, setting forth each requirement sought to be waived and the specific reason or reasons therefore. The commissioner shall determine, under all of the circumstances presented by such application, which of such requirements may appropriately be waived. The commissioner shall render such determination in writing, which shall set forth in detail, the commissioner's findings and conclusions with respect to each requirement sought to be waived. A copy of such written determination shall be forwarded to the applicant. Such written determination shall be filed with the department and shall be available for public inspection.

1101.3.5.2 Waiver recommendation.

The Mayor's Office for People with Disabilities or its successor agency shall be consulted by and shall advise the commissioner concerning each application for a waiver under Section 1101.3.5.

1101.4 Alterations affecting an area containing a primary function.

Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary function area shall be accessible. The costs of providing the accessible route are not required to exceed 20 percent of the value of the alterations affecting the area of primary function. The accessible route to the primary function area shall include toilet facilities and drinking fountains serving the area of primary function.

Exceptions:

1. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.

2. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.

3. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of a facility.

4. This provision does not apply to altered areas limited within a Type B or Type B+NYC dwelling unit.