We are swapping out bathroom and kitchen in our condo and hope to put in a very compact 1/2 bath. We assume we will be filing with DOB but does anyone know if our new bathroom needs to be ADA compliant?


Comments

  1. This will be my last post on the issue…in response to the above “anonymous” posts…the following quoted text is a small portion of the full 23 page text known as LL 58/87 that states clearly that alterations, additions, repairs and CO changes to any property are required to comply. The text does note that J-3 (single family) properties are excluded.

    “S27-123.1 Alterations, addition, repairs and changes in occupancy or use requiring facilities for people having physical disabilities. – The provisions of subarticle two of article two of subchapter tour of chapter one of title twenty-seven of this code shall apply to alterations, additions and repairs made to buildings, as well as to changes in occupancy or use…”

    I’d be happy to forward the full legal text to anyone who has trouble sleeping 😉

    Mila Goldman Moore
    MGM Architectural Consulting
    mila@mgmarch.com

  2. i don’t like to disagree with professionals, but a check of local law 58/87 says that the handicapped provisions are applicable in new construction or for a building which changes its CofO (i.e., loft building being changed from manufacturing to residential). neither of these situations apply to your bathroom. if i were you, i’d call the DOB.

  3. i don’t like to disagree with professionals, but a check of local law 58/87 says that the handicapped provisions are applicable in new construction or for a building which changes its CofO (i.e., loft building being changed from manufacturing to residential). neither of these situations apply to your bathroom. if i were you, i’d call the DOB.

  4. In response to Anonymous at March 31, 2007 2:51 PM…the DOB does not concern itself with existing conditions until those conditions are modified, so as silly as it seems, even a new bath on the 3rd floor of a property that may not be accessible by someone who is physically impaired must comply with LL 58/87 unless a waiver is granted (which is always a possibility). I deal with this exact scenario with almost every project I have been involved with because most buildings built before the late 1980’s do not have handicap entrances, so as you can imagine, most of New York City is not compliant with regard to the entry to a building. The DOB views this as a moot point and simply requires that all new construction be compliant. My guess would be it’s NYC’s way of dealing with the politics of other cities’ requirement to comply…

    Hope that helps…

    Mila Goldman Moore
    MGM Architectural Consulting
    mila@mgmarch.com

  5. Mila,

    Does this apply in a scenario where the new bathroom will be on the 3rd floor of a two family house? The house itself is most definitely non-compliant so to put a compliant bathroom in the attic (under the eaves) somewhere up three flights of stairs seems silly.

  6. Yes, any modified or new bathrooms have to be compliant with New York City Local Law 58/87, which is the ADA law adopted for NYC. Very recently, I was asked to get a waiver for a small powder room (1/2 bath) and was permitted to install a minimally dimensioned 4′-11″ x 5′-0″ bath. In the past, I have also gotten waivers to allow only one bath of a specific apartment to be ADA compliant, allowing the other bath(s) to be non-compliant. I would be happy to email you the sketch of the minimum dimensioned bathroom configuration offline if you want to email me directly.

    Mila Goldman Moore
    MGM Architectural Consulting
    mila@mgmarch.com