Does anyone have experience getting a waiver from the Mayor’s office for an ADA ramp requirement when changing cofo use for a daycare? We plan on having the day care center in the basement, which is about 3 feet below grade. Unfortunately the front of the brownstone does not have sufficient space for the ramp.
Thanks


What's Your Take? Leave a Comment

  1. all my daycare centers have that stupid lift sitting there collecting dust. dont try to avoid it. embrace it. if you used a good architect it would be somewhere inside your building. if not chose another site.
    ACS guidelines on starting a daycare address the issue that if often seems cheaper to renovate a space for a daycare but most often a NEW BUILDING is far less costly.

    you do know you need an ammended Certificate of Occupancy

    oh and pheights, you are so right!

  2. If you change the use of a building (which you obviously plan to do) than you you are subject to the requirements based on BC 27-123.1 and which kicks in automatically 27-292.5 which gives you the regulations for handicap. Per 27-292.6 you can apply for a waiver to MOPD but you will 90% get a rejection.

  3. alexspk – look at renovatorr’s other posts…there is no architect…but if you’re a registered arch or eng., she’ll hire you for $2K stamp the ‘filing set’ (produced by ???).

    renovatorr – I’m first in line when it’s time to save $…in my current home I painted, laid floors, installed cabinets myself, all to keep my money in my pocket.

    But your posts almost exclusively boil down to one of two things: “does anyone know how to hire a contractor/engineer/architect/etc. who’s half priced…and “does anyone know if ‘x’ is legal”.

    We don’t know each other, but I worry that you’ve lost the forest for the trees, and that we’ll all be reading future posts will titled:

    “does anyone know how to get a SWO lifted?”
    “my contractor’s walked off the job/hasn’t been on site in 2 weeks, what do I do now?”
    and
    “my contractor wants another $100K to finish the job, what do I do now?”
    “the DOB’s audited my project and has 53 objections, what do I do now?”

    I wish you the best, but the light you see is probably not the end of the tunnel, it’s the oncoming train.

  4. It does not matter when the building was built, etc. Your ALT 1 is a substantial renovation and you will have to comply with all applicable ADA and localized requirements as if it were a new building. Why don’t you ask this of your PE or Architect? Are your really trying to get this all done with free advice from here?

  5. Thanks Jock. After reading Local Law 58/1987, I’m not even sure if I am subject to the law. I am changing the use of the building from a 3 family R6B to a 1family+daycare, which makes me subject to the law I believe. However, the building was built in 1901, and it seems the law was made primarily for new construction. Are you familiar with it?

  6. Good luck. You apply for the waiver, they will most likely turn you down, then you file with DOB the way you want it. DOB rejects it, you show them the waiver, they then decide if they want to approve it or abide by what the Mayor’s office decides. Most clients I have never go that route as the time it extends to the project. Why don’t you install a lift on the stair? You would open yourself up to a lawsuit even if DOB allows it.

    Jock deBoer, AIA
    deBoer Architects