Section 27-291
§ 27-291 Frontage. Every building, exclusive of accessory buildings,
shall have at least eight per cent of the total perimeter of the
building fronting directly upon a street or frontage space. For the
purposes of this section, building perimeter shall be measured at that
story having the maximum enclosed floor area.
Section 27-292
§ 27-292 Building access. Provisions shall be made for access by the
fire department to every building as follows:
(a) Above Grade. Access shall be provided directly from the outdoors
to each story below a height of one hundred feet except to the first
story or ground floor, by at least one window or readily identifiable
access panel within each fifty feet or fraction thereof of horizontal
length of every wall that fronts on a street or frontage space. Windows
shall be openable or breakable from both the inside and the outside, and
shall have a size when open of at least twenty-four inches by thirty-six
inches. Panels shall be openable from both the inside and outside and
shall have a height when open of forty-eight inches and a width of at
least thirty-two inches. The sill of the window or panel shall not be
higher than thirty-six inches above the inside floor.
(b) Below grade. Access shall be provided directly from the outdoors
to the first basement or cellar story below grade, except as provided in
paragraphs two, three and four of this subdivision, within each one
hundred feet or fraction thereof of horizontal length of every wall that
fronts on a street or frontage space. Such access shall be by stairs,
doors, windows or other means that provide an opening forty-eight inches
high and thirty-two inches wide, the sill of which shall not be higher
than thirty-six inches above the inside floor. If an areaway is used to
provide below grade access, the minimum horizontal dimension shall be at
least one-third the depth of the areaway or six feet whichever is less.
(1) Access to additional stories below grade is not mandatory since
they are required to be sprinklered as provided in subdivision k of
section 27-954 of article four of subchapter seventeen of this chapter.
(2) One and two-family dwellings need not provide direct access.
(3) Any building classified in occupancy group J-2 not more than three
stories in height and with not more than two dwelling units on any story
need not provide direct access when such first basement or cellar story
is used for dwelling units or for uses accessory to the residential use
in the building.
(4) Except as provided in paragraph three of this subdivision, for
buildings classified in occupancy group J-1 or J-2 only one direct
access from the outdoors to the first basement or cellar story
consisting of a stair or door shall be required when such story is used
for dwelling units or for uses accessory to the residential use in the
building.
(c) Signs. Where wall signs are erected to cover doors or windows of
existing buildings, access panels shall be provided as necessary to
comply with the requirements of subdivisions (a) and (b) of this
section.
(d) Location. Wherever practicable, one access opening in each story
shall provide access to a stairway, or where there is no stairway at the
exterior wall, one access opening in each story shall be located as
close as practicable to a stairway.
(e) Exemptions. The provisions of subdivisions (a) through (d) of this
section shall not apply to any story that is completely protected by an
automatic sprinkler system conforming to the construction requirements
of subchapter seventeen.
Section 27-292.1
§ 27-292.1 Scope.--As set forth in this subarticle, buildings shall be
provided with accessible routes, usable or adaptable space and
accessible elements and facilities to make buildings accessible and
usable by, and to establish a safe environment for, all categories of
people having physical disabilities.
Section 27-292.10
§ 27-292.10 Usable spaces.--(a) Functional spaces and rooms.
(1) Except as otherwise provided in section 27-292.5, spaces and rooms
intended for general public and occupant use shall be accessible and
usable. Such spaces and rooms include but are not necessarily limited to
the following:
Mercantile spaces
Industrial spaces
Business spaces
Assembly spaces
Educational spaces
Institutional spaces
Toilet rooms
Bathrooms, bathing facilities, shower rooms.
(2) Doors and floor surfaces in usable spaces shall comply with the
requirements set forth in reference standard RS 4-6.
(3) Where seating, tables and/or work stations are provided in usable
spaces, at least one and not less than five percent shall comply with
the requirements set forth in reference standard RS 4-6.
(b) Toilet rooms.--(1) The location and number of water closets,
urinals and lavatories shall be provided in accordance with the
requirements set forth in table RS 16-5.
(2) Except where exempted in subdivision (i) of section 27-292.5 or
section 27-292.6, facilities for people having physical disabilities
shall be provided in toilet rooms or in a readily accessible location.
Where such toilet room is designed for use by not more than one person
at a time and has provision for locking from the inside, such toilet
room shall be permitted to be used by either sex.
(3) Where toilet rooms are not accessible by elevator, they shall be
located so that people having physical disabilities need not travel more
than one story thereto by ramp.
(c) Bathing facilities.--(1) The location and number of plumbing
fixtures shall be provided in accordance with the requirements set forth
in table RS 16-5 and in reference standard RS 4-6.
(2) Each required bathing facility shall be accessible and at least
one of each type of fixture or accessory that is provided in such
bathing facility shall comply with the requirements set forth in table
RS 16-4 and in reference standard RS 4-6.
Section 27-292.11
§ 27-292.11 Assembly spaces.--(a) Assembly spaces other than places of
assembly shall be provided with a minimum of accessible wheelchair
viewing positions as follows:
Capacity of Assembly Spaces Number of Viewing Positions
___________________________ _____________________________
1 to 25 Minimum 1
26 to 50 Minimum 2
51 to 74 Minimum 3
(b) Places of assembly shall be provided with accessible wheelchair
viewing positions in accordance with subparagraph h of paragraph (1) of
subdivision (a) of section 27-531.
(c) Size and placement of wheelchair location, surfaces, access to
performing area and listening systems, where required, shall comply with
the provisions of reference standard RS 4-6. These positions may be
utilized by persons who do not use wheelchairs provided that the
positions are delineated on the approved seating plans, the seating is
readily removable and the positions are unsold one full working day
before the performance.
Section 27-292.12
§ 27-292.12 Public toilet rooms.--Where public toilet rooms are
provided, there shall be at least one water closet stall and lavatory
fixture for each sex which is accessible to and usable by people having
physical disabilities and complies with the requirements of paragraph
(c) of section P104.1 of reference standard RS 16-1 and reference
stadard RS 4-6.
Section 27-292.13
§ 27-292.13 Drinking fountains.--(a) Location and number of drinking
fountains shall be provided in accordance with the requirements set
forth in table 16-5.
(b) At least one drinking fountain on a story on which drinking
fountains are provided shall be accessible and comply with the
requirements set forth in reference standard RS 4-6.
(c) Where outside drinking fountains are provided, at least one shall
be accessible and comply with the requirements set forth in reference
standard RS 4-6.
Section 27-292.14
§ 27-292.14 Public telephones.--At each location where public
telephones are provided, at least one telephone shall be accessible and
usable by people who use wheelchairs and at least one telephone shall be
accessible and usable by persons with hearing impairment, and each such
accessible telephone shall comply with the requirements set forth in
reference standard RS 4-6.
Section 27-292.15
§ 27-292.15 Alarms.--Where emergency warning systems are provided in
spaces used by people having physical disabilities such systems shall
comply with the requirements set forth in reference standard RS 4-6.
Portable audible/visual smoke detecting devices in existing group J-1
occupancies shall comply with the provisions of paragraph (1) of
subdivision (b) of section 27-292.9.
Section 27-292.16
§ 27-292.16 Controls and operating mechanisms.--Where controls and
operating mechanisms for light switches, dispensers, alarms and other
similar devices are provided, they shall be accessible and comply with
the requirements set forth in reference standard RS 4-6.
Section 27-292.17
§ 27-292.17 Tactile warnings.--Tactile warnings shall be provided at
hazardous locations on floors, doors, stairs, hazardous vehicular areas
and pools, and shall comply with applicable requirements as set forth in
reference standard RS 4-6.
Section 27-292.18
§ 27-292.18 Signage.--(a) Symbols of accessiblility shall be provided
at the following locations:
Parking spaces designated as reserved for people having physical
disabilities
Passenger loading zones
Public toilet and bathing facilities
Drinking fountains
Public telephones
(b) Information and directional signage shall be provided where deemed
necessary.
(c) Symbols and characters shall comply with the applicable
requirements set forth in reference standard RS 4-6.
Section 27-292.19
§ 27-292.19 Parking spaces.--(a) Where parking areas or garages are
provided, at least one parking space but not less than five percent of
the total number of parking spaces provided shall be suitable for use by
people having physical disabilities. Where determination by percentage
results in a number containing a decimal of 0.5 or more, the next higher
number shall be used.
(b) Location, space, size and signage for parking spaces suitable for
use by people having physical disabilities shall comply with provisions
set forth in reference standard RS 4-6.
Section 27-292.2
§ 27-292.2 Standards.--The pertinent provisions of reference standard
RS 4-6 shall be part of this subarticle.
Section 27-292.20
§ 27-292.20 Passenger loading zones.--Where passenger loading zones
are provided, location and access aisles for at least one vehicle (with
respect to multiple dwellings) or zones (with respect to other
buildings) shall comply with the requirements set forth in reference
standard RS 4-6.
Section 27-292.3
§ 27-292.3 Definitions.--For definitions to be used in the
interpretation of this subarticle, see section 27-232 and reference
standard RS 4-6.
Section 27-292.4
§ 27-292.4 General requirements.--(a) This subarticle shall apply to
all buildings or portions thereof and their accessory areas, except as
specified in this subarticle.
(b) The provisions of this subarticle shall be supplemental to and
take precedence over less restrictive provisions of this code in the
following articles and sections and in their referenced national
standards:
(1) Subchapter four, building limitations
a. § 27-308 ramps
(2) Subchapter six, means of egress
a. § 27-357 (d) building access
b. § 27-371 (e) door opening width
c. § 27-377 ramps
(3) Subchapter seven, special uses and occupancies
a. Article ten, public garages
b. Article eleven, open parking structures
c. Article thirteen, open parking lots
d. Article fifteen, swimming pools
(4) Subchapter eight, places of assembly
a. § 27-531 Seating in assembly spaces
(5) Subchapter sixteen, plumbing and gas piping
a. Reference standard RS-16, paragraph (c) of section P104.1
Facilities for physically handicapped
b. Reference standard RS-16, paragraph (d) of section P104.1
accessibility
(6) Subchapter seventeen, fire alarm, detection and extinguishing
equipment
c. Article six smoke detecting devices
(7) Subchapter eighteen, elevators and conveyors
a. Reference standard RS 18-1
(c) Facilities in existence on the effective date of this subarticle
which comply with the requirements of this subarticle or of other
provisions of this code relating to the provision of facilities for
people with physical disabilities shall not be diminished to less than
those which would be required were the building in which the facilities
are located hereafter erected.
Section 27-292.5
§ 27-292.5 Accessibility.--(a) Primary entrance(s).--The primary
entrance(s) for buildings shall be accessible, except for buildings
classified in occupancy group A, J-3 and/or other spaces which normally
are not frequented by the public or employees of the facility.
(b) Exterior accessible route.--Except as provided in this subarticle,
buildings shall be provided with an exterior accessible route to permit
entry at the primary entrance(s) of the building from the following
locations:
(1) Public street or sidewalk
(2) Driveways
(3) Parking areas
(4) Passenger loading zones
(5) Transportation stops
(c) Interior accessible route.--Except as provided in this subarticle,
in buildings having (an) interior route(s) to one or more of the
following spaces or facilities, such route(s) shall be (an) interior
accessible route(s) from the entrance(s) usable by all categories of
people having physical disabilities to adaptable or usable dwelling
units and other spaces and facilities on the same premises including but
not limited to:
(1) Laundry rooms
(2) Refuse disposal locations
(3) Mailbox areas
(4) Recreational, assembly and tenants' meeting rooms
(5) Storage rooms
(6) Management offices
(7) Stores
(8) Dining areas
(9) Parking areas
Where the only route to one or more of such spaces or facilities is an
exterior route, such route shall be accessible.
(d) Path of travel.--The path of travel in exterior and interior
accessible routes shall provide unobstructed safe access and applicable
items in such path of travel shall comply with the requirements set
forth in reference standard RS 4-6.
(e) Elevators.--Where provided, all elevators shall comply with
subchapter eighteen, reference standard RS 18-1, where an interior
accessible route is required.
(f) Assembly occupancies.--For assembly occupancies having a mezzanine
or balcony which provides a similar view as that from the main floor,
accessibility to the mezzanine or balcony shall not be required provided
toilet rooms are on the main floor.
(g) Restaurants--For restaurants, dining rooms and similar occupancies
having the same services on levels other than the main floor,
accessibility to such levels shall not be required provided that toilet
rooms are on the main floor.
(h) Storage.--For buildings in which the intended use is the storage
of goods or merchandise, the only requirement shall be accessibility at
the primary entrance and an interior accessible route to offices where
business may be conducted.
(i) Non-grade stories of small non-residential buildings.--The
following non-residential buildings or parts thereof are exempt from the
provisions of this subarticle concerning requirements for people having
physical disabilities, to the extent set forth in subdivisions (1) and
(2) of this subsection:
(1) construction of such new buildings the total floor area of which
is two thousand five hundred square feet or less;
(2) alterations to such building already existing where the
alterations are being made to an above-grade story having a total floor
area of two thousand five hundred square feet or less or to a
below-grade story having a total floor area of two thousand square feet
or less.
Notwithstanding the foregoing, floor areas frequented by the public
for assembly, governmental, public utility or health facility purposes
shall not be exempted unless equivalent functional accessible facilities
are provided on the first story.
(j) Where the floor area is more than two thousand five hundred square
feet but less than five thousand square feet, a vertical wheelchair lift
enclosed in construction having the required fire-resistance rating and
connecting not more than two contiguous levels is permitted in lieu of
an accessible route as set forth in reference standard RS 4-6.
(k) Where the below-grade cumulative floor area is more than two
thousand square feet but not more than five thousand square feet, a
vertical wheelchair lift enclosed in construction having the required
fire-resistance rating and connecting not more than two contiguous
levels is permitted in lieu of an accessible route as set forth in
reference standard RS 4-6.
Section 27-292.6
§ 27-292.6 Waiver of requirements. (1) The commissioner may waive the
requirements of this subarticle or of subdivision (d) of section 27-357
of this code for the alteration of existing buildings, and for any new
building for which a formal application together with plans required by
such application was filed with an agency of the city or with the
battery park city authority prior to September first, nineteen hundred
eighty-seven, when such application was required by law or regulation to
be approved by such agency; provided, however, that such waiver would
not significantly adversely affect provisions for health, safety and
security and that equally safe and proper alternatives are prescribed
and, further, that such waiver is based upon a specific finding that
strict compliance with the requirement:
(a) would create an undue economic burden; or
(b) would not achieve its intended objective; or
(c) would be physically or legally impossible; or
(d) would 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
(e) would entail a change so slight as to produce a negligible
additional benefit consonant with the purposes of this code.
(2) Each application for a waiver under subdivision one of this
section shall be made to the commissioner in writing, setting forth each
requirement sought to be waived and the specific reason or reasons
therefor. The commissioner shall determine, under all of the
circumstances presented by such application, which of such requirements
may appropriately be waived. The commissioner shall render such
determination in a writing which shall set forth in detail the
commissioner's findings and conclusions with respect to each requirement
sought to be waived. A copy of such written determination shall be
forwarded to the applicant. Such written determination shall be filed
with the department and shall be available for public inspection.
(3) The mayor's office for the handicapped or its successor agency
shall be consulted by and shall advise the commissioner concerning each
application for a waiver under subdivision (1) of this section.
Section 27-292.7
§ 27-292.7 Special requirements of other city departments.--The
commissioner upon good cause may waive the requirements of this
subarticle for the construction of buildings or spaces, or for the
alteration of existing buildings to meet the special requirements of
other city departments in regard to any of the following:
(a) Firehouses
(b) Correctional facilities
(c) Cargo handling facilities on the waterfront
(d) Wholesale food markets
Section 27-292.8
§ 27-292.8 Adaptable dwelling units.--(a) General requirements.
(1) Adaptable dwelling units are units that contain habitable rooms,
kitchens, kitchenettes and bathrooms in residential buildings other than
in occupancy group J-3 which when constructed are on an accessible route
(except as set forth in this subdivision) and are constructed and
equipped as defined in section 27-232 and as set forth in this
subarticle so that they can be converted to be used, with a minimum of
structural change, by all categories of people having physical
disabilities.
(2) Such units shall be provided with door widths and clear floor
spaces for making dwelling units usable as set forth in reference
standard RS 4-6 when occupied by people having physical disabilities.
(3) Interior access, floor surfaces, adaptable kitchens, adaptable
kitchenettes and adaptable bathrooms in these dwelling units shall
comply with the requirements set forth in reference standard RS 4-6.
(4) Where an adaptable dwelling unit occupies two or more stories
within itself, accessibility shall only be required at the first story
of such dwelling unit provided that:
a. The second story is accessible from without; or that
b. Equivalent accessible functional facilities are provided on the
first story; or that
c. The stair within the dwelling unit has a minimum width of three
feet.
(b) Number of adaptable dwelling units.--(1) All dwelling units in
buildings with elevators shall be adaptable unless usable dwelling units
are provided in accordance with section 27-292.9.
(2) At least one but not less than twenty-five percent of the total
number of dwelling units in buildings without an elevator, which have
dwelling units on the ground floor and which contain three or more
dwelling units, shall be adaptable, unless usable dwelling units are
provided in accordance with section 27-292.9. Such adaptable dwelling
unit(s) shall be located on the ground floor. Where determination by
percentage results in a number containing a decimal of 0.5 or more, the
next higher number shall be used, but such number shall not exceed the
number of dwelling units actually proposed for the ground floor.
(c) Adaptable bathrooms, kitchens and kitchenettes.--Adaptable
bathrooms, kitchens and kitchenettes within adaptable dwelling units
shall be constructed and equipped in accordance with requirements set
forth in reference standard RS 4-6 with respect to the following:
Access doorway or opening
Clear floor space
Floor surface
Bathroom, kitchen and kitchenette facilities and controls capable of
being made usable
Space and utilities for usable range, (or cooktop or oven),
refrigerator/freezer, (dishwasher if provided).
Such items shall include water closet and toilet paper dispenser,
lavatory and removable base cabinet, mirrors, medicine cabinet, bathtub
and controls, bathtub and shower enclosure, reinforced areas for grab
bars, clearance between opposing base cabinets, counter tops, appliances
and walls, adjustable or replaceable sink and removable base cabinet, as
well as storage cabinets, drawers and shelves.
(d) Washing machines and clothes dryers within adaptable dwelling
units.--Where washing machines and clothes dryers are located within
adaptable dwelling units, they shall comply with or be capable of being
converted to the requirements set forth in reference standard RS 4-6.
(e) Emergency warning devices within adaptable dwelling
units.--Emergency warning devices within adaptable dwelling units shall
be capable of being converted to audible and visual indication as
required and to conform to the requirements set forth in subchapter
seventeen, article six, reference standard RS 17-11, reference standard
RS 17-12 and reference standard RS 4-6.
Section 27-292.9
§ 27-292.9 Usable dwelling units.--(a) General requirements.-
(1) Usable dwelling units are units in residential buildings in other
than occupancy group J-3 which are accessible, constructed and equipped,
as defined in section 27-232 and as set forth in this subarticle, so as
to be usable by people having physical disabilities. A usable dwelling
unit shall be established by conversion from an adaptable dwelling unit
when the unit becomes occupied by a person having a physical disability.
(2) Access, storage, controls, windows, doors, floor surfaces,
kitchens, kitchenettes and bathrooms, appliances and emergency warning
devices in these units shall comply with the requirements set forth in
reference standard RS 4-6.
(b) Number of usable dwelling units. (1) Hotels--In lieu of the
requirements of section 27-292.8 in buildings in occupancy group J-1
having ten or more units, not less than five percent of the total number
of units shall be constructed as usable units. In all buildings in
occupancy group J-1 there shall be available portable smoke detectors of
both audible and visual design. The number of detectors available shall
be three percent of the number of sleeping rooms with a minimum of one
operational detector per building. Proprietors shall post conspicuously
a sign at least three inches in height, at the main desk or other
similar station, advising of the availiblity of such detectors. Such
detectors shall have a flash frequency range of sixty to one hundred
twenty flashes per minute; and, where the average illuminance with
motion present is more than twenty lumens per square foot, the visible
signaling appliance shall have an effective intensity rating between one
hundred and one thousand candela. Hard wiring of audible/visual
detectors into an existing central closed-circuit alarm system shall be
permitted in lieu of such portable detectors. Where determination by
percentage results in a number containing a decimal of 0.5 or more, the
next higher number shall be used. Notwithstanding the foregoing,
entrance doors to all dwelling units in occupancy group J-1 having ten
or more units, and to all bathrooms in such units, shall be no less than
thirty-two inches in width.
(2) Adult residential care facilities.--All units in adult residential
care facilities shall be usable. "Adult residential care facility" shall
mean a family type home for adults, a shelter for adults, a residence
for adults, an enriched housing program or an adult home, which contains
three or more dwelling units and which provides board and temporary or
long-term residential care and services to adults who, though not
requiring continual medical or nursing care, are by reason of physical
or other limitations associated with age, physical or mental
disabilities or other factors unable or substantially unable to live
independently. Such facilities shall be considered to be within
occupancy group J-2.
(c) Usable bathrooms, kitchens and kitchenettes.--Usable bathrooms,
kitchens and kitchenettes within usable dwelling units shall be
constructed and equipped in accordance with requirements set forth in
reference standard RS 4-6 with respect to the following:
Access doorway or opening
Clear floor space
Floor surface
Bathroom, kitchen and kitchenette facilities and controls
Space and utilities for usable range, (or cooktop or oven),
refrigerator/freezer, (dishwasher if provided).
Such items shall include usable water closet and toilet paper
dispenser, lavatory and base cabinet, bathtub and controls, bathtub and
shower enclosure, grab bars, clearance between opposing base cabinets,
counter tops, appliances and walls, sink and base cabinet.
(d) Washing machines and clothes dryers within usable dwelling
units.--Where washing machines and clothes dryers are located within
usable dwelling units, they shall comply with or be capable of being
converted to the requirements set forth in reference standard RS 4-6.
(e) Emergency warning devices within usable dwelling units.--Emergency
warning devices within usable dwelling units shall be capable of being
converted to audible and visual indication as required and to conform to
the requirements set forth in subchapter seventeen, article six,
reference standard RS 17-11, reference standard RS 17-12 and reference
standard RS 4-6.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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