DATE:

March 3, 1998

SUBJECT:

Local Law 58/87 - Change of Use of Spaces in Existing Buildings

Effective:

Immediately

Purpose:

To clarify the requirements of Code '27-123.1 (b) pertaining to the accessibility of a space in a building where according to the occupancy classification of the Building Code or the use group classification of the Zoning Resolution, its occupancy or use is being changed.

SUPERSEDES:

TPPN #5/92

Reference(s):

Administrative Code '27-123.1, "Alterations, additions, repairs and changes in occupancy or use requiring facilities for people having physical disabilities" and subarticle two of article two of subchapter four of chapter one of title twenty-seven ("''27-292.1 et seq."), "Facilities for People Having Physical Disabilities."

Specifics:

Section 27-123.1(b) states that when there is a change in the occupancy type or use of a space in a building, "such space" must comply with the provisions of ''27-292.1 et seq.

The immediate entrance(s) to a space in a building is considered a part of "such space." Therefore, when there is a change in the occupancy type or use of a space in a building, such immediate entrance(s) must comply with the provisions of Code ''27-292.1 et seq. This may require widening the doorway(s). When the change in occupancy type or use is made to a space, whose elevation is within 18" of the sidewalk, which has direct access to grade, such access shall be made accessible pursuant to the requirements of Code ''27-292.1 et seq. Moreover, this may require the removal of interior or exterior lobby steps, if the only entrance to such space is through the building lobby.

The Commissioner may waive the requirements pursuant to '27-292.6.