Accessibility Waivers

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NYC Building Code Accessibility Waivers

If the Department of Buildings (DOB) rejects architectural plans for the alteration of a building built prior to 2014 in regard to accessibility, a waiver recommendation may be obtained from the Mayor's Office for People with Disabilities (MOPD), pursuant to Section 1101.3.5 of the NYC Building Code. Once the appropriate forms and paperwork are submitted, MOPD will either recommend denying or granting the waiver. Once reviewed, MOPD will issue the recommendation to both applicant and DOB, which DOB may or may not adopt at their discretion.

Required Documents

  • Accessibility Waiver Request form PEO-1
  • Cover letter prepared by the applicant (your Registered Architect (RA) or Professional Engineer (PE) is considered the applicant). See cover letter requirements below.
  • All (full set) of the drawings that have been filed with DOB.
  • Copy of DOB’s objection sheet with specific Chapter 11 Accessibility Objection.
  • CCD1 Denial from DOB regarding Chapter 11 Accessibility objection
  • If the waiver request involves exterior work, provide Plot plan showing property lines, front and backyards, and sidewalks with proper dimensions and annotations.
  • Department of Transportation (DOT) revocable consent approval, if required: Revocable consents
  • Photographs, surveys, drawings etc. to support your request.

Additional Requirements for Waiver Requests Based on Economic Burden

If you are submitting a waiver request due to economic burden, you must include the following information:

  • Cost estimate for the totality of work planned (entire budget) prepared by the architect, the contractor or a professional estimator
  • Cost estimate for the items for which waiver is sought prepared by the architect, the contractor, a professional estimator, or supplier.

MOPD reserves the right to request the following additional information where the basis for the waiver request is economic burden.

  • Nature of business
  • Is the company new, expanding or relocating
  • Number of employees
  • Financial review prepared by a Certified Public Accountant, setting forth a full accounting of all debts and assets of the
    Documentation submitted should include information, such as: tax returns (income and property taxes),
    existing bank accounts, stocks, bonds, real estate and other holdings, all income sources, all inventory, salaries of
    employees, loans, mortgages, and accounts payable and receivable.

Cover Letter Requirements: 

Any waiver recommendation request not accompanied by a cover letter will be rejected.   The cover letter must include the following:

  • A detailed explanation of the reason compliance with the building code cannot be achieved due to at least one of the following criteria:
    • 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 ensure 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 Cover letter should also include the following information:

  • A detailed description of the construction work that is being planned, including any changes in use, occupancy or egress
  • A list of all of the documents included in your request.

Waiver Submission Process at MOPD

MOPD now only requires electronic copies of the waiver recommendation package. The full waiver submission, including but not limited to; a cover letter explaining the basis of the waiver request, PE01 form, CCD1, DOB Objection and drawings, can be emailed to:

AccessWaivers@MOPD.nyc.gov

Multiple emails or Zip files may be required for larger drawing files, list the premises address in the subject line for all emails. Once the waiver submission is received, we typically review the request within two to three weeks. We will review the request and make a recommendation to DOB (to either accept or deny the request), or we may request additional information from the applicant.

Once we make our recommendation to DOB:

  • MOPD will stamp the PEO-1(with recommendation), CCD1 and the relevant drawings.
  • MOPD will email a copy of the stamped PEO-1(with recommendation), CCD1 and the relevant drawings back to the applicant and to DOB
  • It is your responsibility to follow through with DOB from this point.