N.Y.C. Admin. Code § EBC 806: Section EBC 806: Accessibility

806.1 General.

A building, facility, or element that is altered shall comply with Chapter 11 of the New York City Building Code, Section 306 of this code and this section.

806.1.1 Extent of application.

An alteration of an existing element, space, or area of a facility shall not be required to provide a greater level of accessibility than that which would be required for new construction. Alterations shall not reduce or have the effect of reducing accessibility of a facility or portion of a facility.

806.2 Compliance.

A facility that is altered shall comply with the applicable provisions in Sections 806.2.1 through 806.2.14 of this code and Chapter 11 of the New York City Building Code to the extent of the alteration, unless it is technically infeasible. Where compliance with this section is technically infeasible, the applicant of record shall seek a commissioner’s waiver in accordance with Section 306.3 of this code.

A facility that is constructed or altered to be accessible shall be maintained accessible during occupancy.

Exceptions:

1. Where Chapter 11 of the New York City Building Code would exempt the altered element or space from compliance, if it were new construction.

2. Accessible means of egress required by Chapter 10 of the New York City Building Code are not required to be provided in existing facilities.

806.2.1 Entrances and accessible routes.

Where an alteration includes alterations to an entrance or a route that would be required to be accessible by this code, such entrance and route shall be made accessible in accordance with Chapter 11 of the New York City Building Code.

806.2.2 Elevators.

Altered elements of existing elevators shall comply with ASME A17.1/CSA B44 as amended by Appendix K of the New York City Building Code and ICC A117.1. Where such altered elevator is part of a bank of elevators that are programmed to respond to the same hall call control panel, similar elements of the other elevators shall also be altered to comply.

806.2.3 Platform lifts in existing buildings.

In existing buildings, platform (wheelchair) lifts installed pursuant to Section 306.2.5 shall be permitted to be a part of the required accessible route.

806.2.4 Limited Use / Limited-Application (LULA) Elevators in existing buildings.

In existing buildings, a LULA installed pursuant to Section 306.2.4 shall be permitted to be a part of the required accessible route.

806.2.5 Stairways and escalators in existing buildings.

Where an escalator or stairway is added where none existed previously, an accessible route shall be provided between the levels served by the escalator or stairways in accordance with Section 1104.4 of the New York City Building Code.

Exception: Where the levels to be connected by an escalator or stairway are already provided with an accessible route.

806.2.6 Ramps.

Where steeper slopes than allowed by Section 1012.2 of the New York City Building Code are necessitated by space limitations, the slope of ramps in or providing access to existing facilities shall comply with Table 806.2.6 of this code.

Table 806.2.6 Ramps

SLOPE

MAXIMUM RISE

Steeper than 1:10 but not steeper than 1:8

3 inches

Steeper than 1:12 but not steeper than 1:10

6 inches

For SI: 1 inch = 25.4 mm.

806.2.7 Dining areas.

An accessible route to raised or sunken dining areas or to all parts of outdoor seating areas is not required provided that the same services and decor are provided in an accessible space usable by any occupant and not restricted to use by people with a disability. The raised, sunken, or outdoor seating areas not provided with an accessible route shall not exceed 25 percent of the total combined area for accessible dining areas.

806.2.8 Dwelling and sleeping units.

Where dwelling or sleeping units are altered, they shall comply with Sections 806.2.8.1 through 806.2.8.2.

806.2.8.1 Alterations to dwelling or sleeping units in occupancy Group I-1, I-2, I-3 or R-1.

Where dwelling or sleeping units are altered in occupancy Group I-1, I-2, I-3 or R-1, the requirements of Section 1107 of the New York City Building Code shall apply only to the spaces being altered.

Exception: Where the dwelling or sleeping units included in the work area exceeds more than 50 percent of the dwelling or sleeping units in the building and under single ownership, the requirements of Section 1107 of the New York City Building Code shall apply to all the dwelling or sleeping units under that single ownership.

806.2.8.2 Alterations to dwelling or sleeping units in Occupancy Group R-2.

Where dwelling or sleeping units are altered in Occupancy Group R-2, the requirements of Section 1107 of the New York City Building Code shall apply only to the spaces being altered.

806.2.9 Toilet and bathing rooms.

Where it is technically infeasible to alter existing toilet and bathing rooms to be accessible, an accessible family or assisted-use toilet or bathing room constructed in accordance with the requirements of Sections 1109.2.1 through 1109.2.1.6 of the New York City Building Code is permitted; however, the family or assisted-use toilet or bathing room shall be located on an accessible route, on the same floor and in the same area as the existing toilet or bathing rooms. At the inaccessible toilet and bathing rooms, directional signs indicating the location of the nearest family or assisted-use toilet room or bathing room shall be provided. These directional signs shall include the dynamic accessibility symbol and sign characters shall meet the visual character requirements in accordance with ICC A117.1.

806.2.10 Dressing, fitting and locker rooms.

Where it is technically infeasible to provide accessible dressing, fitting or locker rooms at the same location as similar types of rooms, 1 accessible room on the same level shall be provided. At the dressing, fitting or locker rooms, directional signs indicating the location of the nearest accessible dressing, fitting and locker room shall be provided. These directional signs shall include the dynamic accessibility symbol and sign characters shall meet the visual character requirements in accordance with ICC A117.1. Where separate sex facilities are provided, accessible rooms for each sex shall be provided. Separate sex facilities are not required where only unisex rooms are provided.

806.2.11 Fuel dispensers.

Operable parts of replacement fuel dispensers shall comply with the applicable requirements of Chapter 11 of the New York City Building Code.

Exception: Where existing curbs make compliance technically infeasible, operable parts may be permitted to be 54 inches (1372 mm) maximum measured from the surface of the vehicular way where fuel dispensers are installed on existing curbs.

806.2.12 Thresholds.

The maximum height of thresholds at doorways shall be in accordance with ICC A117.1.

806.2.13 Amusement rides.

Where the structural or operational characteristics of an amusement ride are altered to the extent that the amusement ride’s performance differs from that specified by the manufacturer or the original design, the amusement ride shall comply with requirements for new construction in accordance with Section 1110.4.8 of the New York City Building Code.

806.2.14 Electric vehicle charging stations.

In an alteration where electric vehicle charging stations are added or altered, the charging station shall be located along an accessible route and comply with Section 1106.8 of the New York City Building Code.

Exception: In existing facilities with no accessible route, electrical vehicle charging stations are not required to be located along an accessible route.

806.3 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, including entrances, shall be accessible in accordance with this section and Section 806.3.1. The accessible route to the primary function area shall include toilet facilities and drinking fountains serving the area of primary function. The costs of providing the accessible route are not required to exceed 25 percent of the costs of the alterations affecting 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 to Type B or Type B+NYC dwelling and sleeping units.

806.3.1 Path of travel prioritization.

The cost of improvements along the path of travel shall be prioritized in accordance with the following:

1. Accessible entrances.

2. Accessible route to the altered area.

3. Accessible toilet facilities.

4. Accessible drinking fountains and bottle-filling stations.

5. Accessible telephones.

6. Additional items such as parking, storage and alarms.