New Building Entrance Didn't Provide Access for Disabled

DOB issued a violation notice to landlord for having a public entrance that was inaccessible to people with physical disabilities, in violation of Local Law 58 of 1987, after landlord had modified the entry with a new glass frame partition, entry door, door saddle, and prefabricated masonry treads. Landlord claimed that it was exempt from the access rules under Building Code 1105.1 because the "grandfathered" alterations cost less than 50 percent of the building's replacement costs. The ALJ ruled against landlord and fined it $800. Landlord appealed and lost. Landlord now also claimed that Administrative Code Section 27-123 exempts alterations from the Building Code requirement for disabled access because the building was constructed before the effective date of the 2008 Building Code. But landlord was incorrect. What mattered was the date of the alterations, which were performed after the 2008 Building Code became effective.

Classon Heights LLC: ECB App. No. 1100111 (8/18/11) [4-pg. doc.]