Does new bathroom have to be ADA compliant?
Started by REMom
about 14 years ago
Posts: 307
Member since: Apr 2009
Discussion about
I want to add a powder room to our apt. Contractor says all new bathrooms have to be ADA compliant. Does anyone know if this is true? Please save me from having to call the Buldings Department.
Yes, it is technically true.
Is there any legal way around this?
I'm not at all on firm footing here, but I believe (based on looking into this years ago) that if you are literally replacing/updating the current fixtures etc. and keeping the same layout, the answer is "no." And I don't think every bath in new construction has to be ada (could be wrong, or maybe they must be built so as to be easily retrofitted for handicapped), just a certain percentage (?) Neither apply to you, but the point is it probably "depends." I would especially question this if it's just a powder room. If you are living in a coop or condo and need to get plans approved by an architect, they should be able to answer based on experience. Understand not wanting to talk to the Buildings Department, but have you looked at the city's website for info?
Your new half-bath has to be ADA-compliant unless one of your existing baths is already compliant. I don't know how/whether you can skirt the rules, but having to get a permit for additional fixtures would probably make it tough.
Compliance mostly impacts size and access. E.g., in plans for new construction you'll see at least one bath per apartment with the door marked to swing both in and out, indicating it can be re-hung if necessary, and sometimes the wheelchair-spin circle will be indicated.
Gabolly, you're correct on your first point and wrong on your second. If you're renovating a bathroom and not moving walls or fixtures, you don't have to make it ADA compliant. 100% of bathrooms in new construction multifamily need to be ADA compliant.
Ugh, my toothpaste is recommended by the ADA and it is so messy.
REMom: A little bit of misinformation here in the thread. Basic answer is yes- since it is a NEW powder room it needs to meet ADA adaptability standards. The only exception is when you renovate and existing bathroom (without moving the fixtures) then you are exempt.You are basically replacing the fixtures and finishes. Move the fixtures? Comply. Change wall/ door layout? Comply. There is nothing that say that if you already have an ADA accessible bathroom in your unit that you don't need to make any other's accessible. Urban myth..
All crazy I know. Especially so when you live in a building that has steps at the entry!
You can try and get an exemption from the Mayor's office for Persons with Disability (MOPD) but good luck with your hardship story.
If you are planning a new powder room you will need to file the work with the city and hire a design professional. They should be able to tell you all of this.
and 4 out of 5 recommend sugarless gum.
Of course, if your other bathroom meets the ADA requirement you have no issue. You just need a 60" turning radius, or a 'T' configuration in plan that allows for a wheel chair to do a three point turn. Also, if you're in an upper floor of a non-elevator bldg., you do not need comply. But, if you're in an elevator bdlg, and as you are adding the PR, not replacing fixtures, it would have to comply. A simple set of exercises by an architect, ahem, will sort this out. Spend a couple hundred bucks and you'll know for sure.
As Found at: http://www.lawguru.com/legal-questions/new-york-construction-law/ada-compliance-coop-bathroom-renovation-243869866/a
Re: ADA compliance in coop bathroom renovation
No. ADA compliance is mandated for public and quasi-public restrooms. A lavatory/bath i a private residence is not required to be ADA-compliant.
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Kevin Connolly
Anderson Kill & Olick, P.C. 1251 Avenue of the Americas New York, NY 10020