N.Y.C. Admin. Code § EBC 306: Section EBC 306: Accessibility

306.1 Compliance.

Alterations, including minor alterations, repairs excluding ordinary repairs, and alterations affecting an area containing a primary function, changes of use or occupancy, additions and relocation of existing buildings, shall comply with Chapter 11 of the New York City Building Code and this code.

Exceptions: The provisions of Chapter 11 of the New York City Building Code 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, that were originally constructed as a single structure with fewer than 4 dwelling or sleeping units.

306.1.1 Requirements based on the extent of alterations.

Accessible features and construction governed by Chapter 11 of the New York City Building Code shall be provided:

1. To the entire building undergoing alterations, as if the building were hereafter erected in accordance with Sections 302.7 or 906 as applicable; or

2. To the portion of the building being altered or repaired, excluding ordinary repairs, to the extent of the alteration, including minor alterations in accordance with Section 105, Chapter 5, Section 806 or Section 906, as applicable.

306.1.2 Alterations affecting an area containing a primary function.

Alterations affecting an area containing a primary function shall comply with Section 806.3.

306.1.3 Change in occupancy or how a space is used.

Accessibility in buildings or portions of buildings undergoing a change of occupancy or use, as described in Section 1001.3, shall comply with Section 1006.

306.1.4 Additions to existing buildings.

Additions to existing buildings shall comply with Section 1106.

306.2 Special accessibility provisions.

Existing buildings or spaces shall comply with the applicable requirements of Sections 119 and 306.2.1 through 306.2.6.

306.2.1 Directional signage.

Directional signage shall be provided in accordance with Section 1111.2 of the New York City Building Code.

306.2.2 Identifying signage.

Identifying accessibility signage shall be provided in accordance with Section 1111.1 of the New York City Building Code.

306.2.3 Other signs.

Signage indicating special accessibility provisions shall comply with Section 1111.3 of the New York City Building Code.

306.2.3.1 Prior code buildings with inaccessible entrances.

At prior code buildings with 1 or more inaccessible entrances, signage stating that a portable ramp is available, if provided by the building, shall be provided at each inaccessible building entrance and shall contain the phone number to request such ramp. The use of a portable ramp by any building must comply with all applicable laws and any such ramp shall comply with Section 405 (Ramps) of ICC A117.1, except to the extent the commissioner has waived a requirement pursuant to Section 28-313.3.1 of the Administrative Code. All signage posted pursuant to this section shall comply with Section 1111 of the New York City Building Code and be maintained in good condition. Nothing in this section shall be construed to authorize the provision of a portable ramp where such provision would not otherwise be lawful.

306.2.4 Limited Use Limited Application (LULA) elevators in existing buildings.

In existing buildings, LULA elevators shall comply with Section 408 (Limited-use / Limited-Application Elevators) of ICC A117.1 and with Part 5.2 of ASME A17.1, as modified by Appendix K of the New York City Building Code. LULA elevators shall be limited to a maximum rise of not more than 25 feet (7620 mm) and shall be permitted to be a part of the required accessible route as follows:

1. In spaces complying with Section 1109.7.1 of the New York City Building Code where a LULA is permitted in new construction;

2. Where the total floor area of the entire building is less than 10,000 square feet (929 m

2

); or

3. Where it serves an individual occupancy of less than 10,000 square feet (929 m

2

) in buildings of 10,000 square feet (929 m

2

) or more.

306.2.5 Lifts in existing buildings.

In existing buildings, platform (wheelchair) lifts installed in accordance with Section 410 (Platform Lifts) of ICC A117.1, ASME A18.1, and Chapter 30 of the New York City Building Code, shall be permitted to be a part of the required accessible route.

306.3 Waiver of requirements.

The commissioner may waive the requirements of Chapter 11 of the New York City Building Code or the accessibility provisions of this code, for the alteration of existing 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, further, 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 technically infeasible or legally impossible;

4. Would be unnecessary in light of alternatives that 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.

306.3.1 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 for such waiver request. 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.

306.3.2 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 306.3.

306.4 Existing facilities.

The provisions of this code shall not impose a requirement for greater accessibility than that which would be required for new construction. No work made to existing facilities, including ordinary repairs, shall:

1. Cause existing accessible facilities to be reduced or diminished to less than those that would be required for new construction; and

2. Reduce or have the effect of reducing or diminishing the level of accessibility of a facility or portion of a facility.