Read Local Law 58 waiver instructions (in PDF) (MS Word version)
Go to Accessibility Waiver Forms
Legal Policy and Procedure Notice 2/91
December 21, 1991
Superceded: Memoranda and Directives of 1988, pages 2455- 2456, Form Waiver Letters for Local Law 58/87; TPPN- 1190, Waiver Procedures for Local Law 58/87, pages 2754- 2756.
Purpose: To clarify procedures for obtaining a waiver of the requirements of Local Law 58/87, (accessibility for the disabled), pursuant to Administrative Code' 27-292.6.
Effective Date: Immediately
Specifics: Applicants may resolve plan examination objections based on Local Law 58/87 by revising their plans accordingly, or by obtaining a waiver from the Department of Buildings. Prior to the issuance of such a waiver, the Mayor's Office for People With Disabilities ("MOPD") shall be consulted and shall issue a recommendation to the Department. Questions involving an interpretation of Code requirements, as opposed to a waiver of Code requirements, need not be referred to MOPD.
Each waiver request to the Commissioner shall be in writing, using the waiver application form [Form PEO-l(REV. 12/91)] attached hereto and following the directions accompanying said form.
Applicant shall forward a completed waiver request form with all supporting attachments (the "Waiver Request Package") to MOPD. MOPD shall review the Waiver Request Package and provide the Department with a written recommendation. Applicant may transmit MOPD's recommendation to the Department. If Applicant is not able to obtain a recommendation from MOPD within thirty days, the Borough Office may deem MOPD's failure to respond as a recommendation of a "denial" provided Applicant submits a copy of the Waiver Request Package, stamped "Received MOPD dated ."evidencing Applicant's submission of the Waiver Request Package to MOPD at least thirty days earlier, and a signed statement attesting to Applicant' s inability to obtain a definite written recommendation from MOPD.
As per Code SEC 27-292.6, Applicant's request, MOPD's recommendations and the Department's determination that a waiver should be granted must be based upon a specific finding that compliance with the requirements of Local Law 58/87 would:
- create an undue economic burden; or
- not achieve its intended objective; or
- be physically or legally impossible; or
- be unnecessary in light of alternatives which insure 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
- entail a change so slight as to produce a negligible additional benefit consonant with the purposes of the Code.
The Borough Commissioner may act on the request for a waiver upon receipt of the recommendation from MOPD, or thirty days after the submission to MOPD, whichever is sooner.
Agreement with MOPD recommendation
Waivers may be granted or denied by the Borough Commissioner if in agreement with the MOPD recommendation.
To grant a waiver request, the Borough Office must address in a detailed writing its findings and conclusions with respect to one or more of the bases which supports the grant.
The following is an example of adaptable bathrooms and powder rooms as permitted under Local Law 58: Pictures
Download Sample (in PDF)