N.Y.C. Admin. Code § BC 1108: Section BC 1108: Special Occupancies

1108.1 General.

In addition to the other requirements of this chapter and applicable provisions of Appendices E and N, the requirements of Sections 1108.2 through 1108.5 shall apply to specific occupancies.

1108.2 Assembly area seating.

Assembly areas with seating shall comply with Sections 1108.2.1 through 1108.2.5. Lawn seating shall comply with Section 1108.2.6. Assistive listening systems shall comply with Section 1108.2.7. Performance areas viewed from assembly seating areas shall comply with Section 1108.2.8. Dining and drinking areas shall comply with Section 1108.2.9.

1108.2.1 Services.

If a service or facility is provided in an area that is not required to be accessible in accordance with Section 1108.2.9, the same service or facility shall be provided on an accessible level and shall be accessible.

1108.2.2 Wheelchair spaces.

In theaters, bleachers, grandstands, stadiums, arenas and other assembly areas, accessible wheelchair spaces, companion seats, and designated aisle seats complying with ICC A117.1, including Section 802 (Assembly Areas) shall be provided in accordance with Sections 1108.2.2.1 through 1108.2.2.4 of this code. Required accessible wheelchair spaces and their companion seats as required in Section 1108.2.5 shall be delineated on the approved seating plans. Such spaces and seats which are unsold 1 day (24 hours) before the event shall be permitted to be released for sale to the public, including individuals without disabilities.

1108.2.2.1 General seating.

Wheelchair spaces shall be provided in accordance with Table 1108.2.2.1.

Table 1108.2.2.1 Accessible Wheelchair Spaces

Capacity of Seating in Assembly Areas

Minimum Required Number of Wheelchair Spaces

4 to 25

1

26 to 50

2

51 to 100

4

101 to 300

5

301 to 500

6

501 to 5,000

6, plus 1 for each 150, or fraction thereof, between 501 through 5,000

5,001 and over

36 plus 1 for each 200, or fraction thereof, over 5,000

1108.2.2.2 Luxury boxes, club boxes and suites.

In each luxury box, club box and suite within arenas, stadiums and grandstands, wheelchair spaces shall be provided in accordance with Table 1108.2.2.1.

1108.2.2.3 Other boxes.

In boxes other than those required to comply with Section 1108.2.2.2, the total number of wheelchair spaces provided shall be determined in accordance with Table 1108.2.2.1. Wheelchair spaces shall be located in not less than 20 percent of all boxes provided.

1108.2.3 Companion seats.

At least one companion seat complying with ICC A117.1, including Section 802.7 (Companion Seat), shall be provided for each wheelchair space required by Sections 1108.2.2.1 through 1108.2.2.3 of this code.

1108.2.4 Dispersion of wheelchair spaces in multilevel assembly seating areas.

In multilevel assembly seating areas, wheelchair spaces shall be provided on the main floor level and on one of each two additional floor or mezzanine levels. Wheelchair spaces shall be provided in each luxury box, club box and suite within assembly facilities.

Exceptions:

1. In multilevel assembly seating areas utilized as place of religious worship where the second floor or mezzanine level contains 25 percent or less of the total seating capacity, wheelchair spaces shall be permitted to all be located on the main level.

2. In multilevel assembly seating areas where the second floor or mezzanine level provides 25 percent or less of the total seating capacity and 300 or fewer seats, all wheelchair spaces shall be permitted to be located on the main level.

3. Wheelchair spaces in team or player seating serving areas of sport activity are not required to be dispersed.

1108.2.5 Designated aisle seats.

At least 5 percent, but not less than one, of the total number of aisle seats provided shall be designated aisle seats and shall be the aisle seats located closest to accessible routes, and shall comply with ICC A117.1, including Section 802.8 (Designated Aisle Seats).

Exception: Designated aisle seats are not required in team or player seating serving areas of sport activity.

1108.2.6 Lawn seating.

Lawn seating areas and exterior overflow seating areas, where fixed seats are not provided, shall connect to an accessible route.

1108.2.7 Assistive listening systems.

Each building, room or space used for assembly purposes where audible communications are integral to the use of the space, regardless of the occupancy load of such space, shall have an assistive listening system in compliance with ICC A117.1, including Section 706 (Assistive Listening Systems) and Appendix N of this code.

Exception: Other than in courtrooms, an assistive listening system is not required where there is no audio amplification system.

1108.2.7.1 Receivers.

The number and type of receivers shall be provided for assistive listening systems in accordance with Table 1108.2.7.1 of this code

Exceptions:

1. Where a building contains more than one room or space used for assembly purposes, the total number of required receivers shall be permitted to be calculated based on the total number of seats in the building, provided that all receivers are usable with all systems and if the rooms or spaces used for assembly purposes required to provide assistive listening are under one management.

2. Where all seats in a building, room or space used for assembly purposes are served by an induction loop assistive listening system, the minimum number of receivers required by Table 1108.2.7.1 of this code to be hearing-aid compatible shall not be required.

Table 1108.2.7.1 Receivers for Assistive Listening Systems

Capacity of Seating in Assembly Areas

Minimum Required Number of Receivers

Minimum Number of Receivers to be Hearing-Aid Compatible

50 or less

2

2

51 to 200

2, plus 1 per 25 seats over 50 seats*

2

201 to 500

2, plus 1 per 25 seats over 50 seats*

1 per 4 receivers*

501 to 1,000

20, plus 1 per 33 seats over 500 seats*

1 per 4 receivers*

1,001 to 2,000

35, plus 1 per 50 seats over 1,000 seats*

1 per 4 receivers*

Over 2,000

55, plus 1 per 100 seats over 2,000 seats*

1 per 4 receivers*

Note: * = or fraction thereof

1108.2.7.2 Ticket windows.

Where ticket windows are provided, at least one window at each location shall have an assistive listening system.

1108.2.7.3 Public address systems.

Where stadiums, arenas and grandstands provide audible public announcements, they shall also provide equivalent text information regarding events and facilities in compliance with Sections 1108.2.7.3.1 and 1108.2.7.3.2.

1108.2.7.3.1 Prerecorded text messages.

Where electronic signs are provided and have the capability to display prerecorded text messages containing information that is the same, or substantially equivalent, to information that is provided audibly, signs shall display text that is equivalent to audible announcements.

Exception: Announcements that cannot be prerecorded in advance of the event shall not be required to be displayed.

1108.2.7.3.2 Real-time messages.

Where electronic signs are provided and have the capability to display real-time messages containing information that is the same, or substantially equivalent, to information that is provided audibly, signs shall display text that is equivalent to audible announcements.

1108.2.8 Performance areas.

An accessible route shall directly connect the performance area to the assembly seating area where a circulation path directly connects a performance area to an assembly seating area. An accessible route shall be provided from performance areas to ancillary areas or facilities used by performers.

1108.2.9 Dining and drinking areas.

In dining and drinking areas, all interior and exterior floor areas shall be accessible and be on an accessible route.

Exceptions:

1. An accessible route between accessible levels and stories above or below is not required where permitted by Section 1104.4, Exception 1.

2. An accessible route to dining and drinking areas in a mezzanine is not required, provided that the mezzanine contains less than 25 percent of the total combined area for dining and drinking and the same services, and decor are provided in the accessible area.

3. In sports facilities, tiered dining areas providing seating required to be accessible shall be required to have accessible routes serving at least 25 percent of the dining area, provided that accessible routes serve accessible seating and where each tier is provided with the same services and similar view.

4. Employee-only work areas shall comply with Sections 1103.2.2 and 1104.3.1.

1108.2.9.1 Dining surfaces.

Where dining surfaces for the consumption of food or drink are provided, at least 10 percent of the total number of seating and standing spaces, but not less than one, of each type of dining surfaces shall be accessible and be distributed throughout the facility and located on a level accessed by an accessible route.

1108.2.9.2 Dining and drinking counters.

Where seating is provided at dining or drinking counters, at least one 60 inch (1524 mm) long portion of the counter shall be provided with two accessible seating spaces. Such accessible seating space shall comply with Section 902 (Dining Surfaces and Work Surfaces) of ICC A117.1, and shall not be located within 40 inches (1016 mm) of either end of the counter, so as to provide individuals with disabilities with the same level of service and experience as that provided to others.

Exceptions:

1. Where the linear length of counter is 12 feet (3657.6 mm) or less, one accessible seating space shall be provided, at least 30 inches (762 mm) long, for each accessible seating space required by Section 1108.2.9.1 of this code. Such accessible seating space may be located anywhere along the counter.

2. In Group R-2 occupancies, one accessible seating space shall be provided, at least 30 inches (762 mm) long, for each accessible seating space required by Section 1108.2.9.1 of this code.

1108.3 Self-service storage facilities.

Self-service storage facilities shall provide accessible individual self-storage spaces in compliance with Section 1104 of this code and ICC A117.1 including Section 905 (Storage Facilities). The number of required self-storage spaces shall be in accordance with Table 1108.3 of this code.

Table 1108.3 Accessible Self-Service Storage Facilities

Total Spaces in Facility

Minimum Number of Required Accessible Spaces

1 to 200

5%, but not less than 1

Over 200

10, plus 2% of total number of units over 200

1108.3.1 Dispersion.

Accessible individual self-service storage spaces shall be dispersed throughout the various classes of spaces provided. Where more classes of spaces are provided than the number of required accessible spaces, the number of accessible spaces shall not be required to exceed that required by Table 1108.3. Accessible spaces are permitted to be dispersed in a single building of a multibuilding facility.

1108.4 Judicial facilities.

Judicial facilities shall comply with Sections 1108.4.1 and 1108.4.2 of this code.

1108.4.1 Courtrooms.

Each courtroom shall be accessible and comply with ICC A117.1, including Section 807 (Courtrooms), and Sections 1108.4.1.1 through 1108.4.1.5 of this code.

1108.4.1.1 Jury box.

A wheelchair space complying with ICC A117.1 shall be provided within the jury box.

Exception: Adjacent companion seating is not required.

1108.4.1.2 Gallery seating.

Wheelchair spaces complying with ICC A117.1 shall be provided in accordance with Table 1108.2.2.1 of this code. Designated aisle seats shall be provided in accordance with Section 1108.2.5 of this code.

1108.4.1.3 Assistive listening systems.

An assistive listening system must be provided. Receivers shall be provided for the assistive listening system in accordance with Section 1108.2.7.1 of this code.

1108.4.1.4 Employee work stations.

The judge's bench, clerk's station, bailiff's station, deputy clerk's station and court reporter's station shall be located on an accessible route. The vertical access to elevated employee work stations within a courtroom is not required at the time of initial construction, provided a ramp, lift or elevator complying with ICC A117.1 can be installed without requiring reconfiguration or extension of the courtroom or extension of the electrical system.

1108.4.1.5 Other work stations.

The litigant's and counsel stations, including the lectern, shall be accessible in accordance with ICC A117.1.

1108.4.2 Holding cells.

Central holding cells and court-floor holding cells shall comply with Sections 1108.4.2.1 and 1108.4.2.2.

1108.4.2.1 Central holding cells.

Where separate central holding cells are provided for adult males, juvenile males, adult females or juvenile females, one of each type shall be accessible. Where central holding cells are provided and are not separated by age or gender, at least one accessible cell shall be provided.

1108.4.2.2 Court-floor holding cells.

Where separate court-floor holding cells are provided for adult males, juvenile males, adult females or juvenile females, each courtroom shall be served by one accessible cell of each type. Where court-floor holding cells are provided and are not separated by age or gender, courtrooms shall be served by at least one accessible cell. Accessible cells shall be permitted to serve more than one courtroom.

1108.5 Assembly areas without seating.

Assembly areas without seating shall comply with Section 1108.2.7.