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orlilan
Joined: 05 Dec 2007
Posts: 3
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 Posted: Wed Dec 05, 2007 1:33 am Post subject: ADA application for a Brooklyn, NY Condominium |
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Hello
I am a NYS registered architect. I left New York for Israel right after achieving my license and have never practiced in NY as a licensee.
Looking at the ADA (available online in PDF), I cant seem to find which building uses are exempt from complying with ADA.
I would find it hard to believe that a 5 story condominium with rented apartments would require apartments to allow for handicapped accessibility.
Could anybody help? I would appreciate very much if reference to the location in the ADA where the answer to my question lies, be provided
(for example: 4.1.3 Accessible Buildings: New
Construction.)
Thanks very much.
Ilan. |
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phansford
Joined: 18 Apr 2004
Posts: 601
Location: SW Ohio
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| Posted: Wed Dec 05, 2007 6:54 am Post subject: |
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Well, I don't have time to give you section and verse, but the quick answer is that non-residential buildings are governed by the ADAAG (Americans with Disabilities Act Accessibility Guidelines). The ADA actually is a 5 part Civil Rights Law. Title III is the part that addresses public accommodations and commerical construction.
Residential construction is governed by FHAG (Fair Housing Accessibility Guidelines). However, it only addresses multi-family housing - not single-family residences. You also need to understand that FHAG really does not require accessibility but rather adaptibility.
All of that being said, the building code in your area could be more restrictive or provide detailed interpretation that allows for certain exceptions. So you have to refer to the Building Code to determine which Accessibility standard is referenced.
In cases where you have a large apartment complex with a community building and a swimming pool, the residential units are governed by FHAG, while the community building and pool would be governed by ADAAG.
IMO - The condos are private single-family residences and are not required to be accessible. However, you might be able to argue that the common areas are required to comply with the ADAAG.
You have to understand that the single-family home is always going to be protected from government intrusion. As it should be. Why should I design a custom home or a custom condo to comply with ADAAG or FHAG unless requested by the client. It is understood that anyone with a disability would have their home designed to meet their needs which may not mean complying with the ADAAG. (BTW- Title I of the ADA (employment issues) could require an employer to provide accommodations greater than required by Title III or even less than Title III)
The ADA is a complex law with a lot of "terms of art" that are being sorted out in the courts.
FWIW - I have provided ADA/FHAG facility compliance surveys to over 700 faciliites totaling more than 70 million SF. |
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orlilan
Joined: 05 Dec 2007
Posts: 3
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| Posted: Thu Dec 06, 2007 4:24 am Post subject: |
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Thanks very much for the detailed response.
Ilan. |
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