Barrier-Free Access.
63 RCNY § 2-18
in effect§ 2-18 Barrier-Free Access.
(a) Introduction.
(1) Historic structures can and should be made accessible.
(2) Accessible routes should coincide with or be located in the same general area of regular circulation paths, and the primary entrance should be accessible wherever possible.
(3) Proposed alterations to make a building or space accessible must comply with applicable statutes and codes, including the American National Standard (ANSI), the New York City Building Code, and the Americans with Disabilities Act Standards for Accessible Design.
(4) Applications for barrier-free access should take into consideration changes to interior spaces that may reduce grade changes at the entrance which will lessen the level of impact of, or eliminate the need for, exterior changes.
(5) Where there is more than one acceptable approach for making a building or space accessible, LPC Staff will approve the proposal that will allow barrier-free access with the least impact on significant architectural features of the building and neighboring buildings if the work is occurring in a historic district.
(6) Where proposed alterations to make a building accessible will have a major impact on significant architectural features, LPC Staff may ask an applicant to seek a waiver. Accessibility waivers may be granted by the Department of Buildings after consulting with the Mayor's Office of People with Disabilities. If no waiver is granted the application shall be reviewed by the full Commission at a Certificate of Appropriateness public hearing.
(7) Proposed work that does not conform to these rules, such as a wheelchair platform lift on an Individual Landmark, will be reviewed by the full Commission at a Certificate of Appropriateness public hearing.
(b) At-Grade Entrances. LPC Staff may issue a permit for a proposal to lower an existing entrance at a building in a historic district or a building in a scenic landmark that is not an individual landmark to provide an accessible at-grade entrance if the work meets all of the following relevant criteria:
(1) The work required to bring the entrance to grade, including the removal of the existing steps, landings, ramps, or other elevated elements at the entrance point, will not result in damage to or the removal of significant architectural features of the building, except as noted below;
(2) Except as note below in clause (4), the proposal involves dropping or raising the entrance no more than eighteen (18) inches at a prominent primary entrance and no more than thirty (30) inches at other entrances to the building;
(3) Historic materials and features removed in connection with the work will be re-used where possible;
(4) If the treads contain cast iron vault lights, only one tread can be removed to create the at-grade entrance and the tread is installed flush at the entry to recall the presence of the vault lights;
(5) A sidewalk may be modified, including sloping a sidewalk to make an entrance accessible, provided the work meets the requirements of 63 RCNY § 2-19;
(6) A new door for the modified entrance shall have proportions that recall the historic door, which may require the addition of a transom to the door opening; and
(7) The proposed work will allow for barrier-free access for the building in the least obtrusive manner possible.
(c) Door and Door Surround Changes. LPC Staff may issue an approval for proposals to alter doors and door surrounds for buildings in historic districts and scenic landmarks that are not individual landmarks to meet accessibility requirements, such as clearance, if the work meets all of the following relevant criteria:
(1) If the existing door is original or historic:
(i) The proposed work will retain the historic fabric at the entrance, such as sidelights, door(s), transoms, framing or door surround detailing; and
(ii) Historic doors and vestibule entrances may be altered with respect to door swing, changing hardware and hinges, and the installation of automatic opener hardware provided the door configuration and details are maintained.
(2) If the existing door is not original or historic:
(i) The proposed work will retain a maximum amount of historic fabric at the entrance, such as sidelights, transoms, framing or door surround detailing;
(ii) The door opening may be widened up to eight (8) inches if necessary to meet applicable codes, provided that the door surround is recreated in-kind with the necessary adjustments for the new door opening;
(iii) The operation of replacement doors may be altered to meet required clearances, such as paired doors that may be changed to a single door with a fixed leaf or sidelight condition, or a single door with the appearance of paired doors;
(iv) The width of operable leafs and sidelights may vary from the historic condition provided that the replacement door(s) recalls the historic detailing and general configuration;
(v) A replacement door in an alternate material may be installed to meet force limitations in operating the leaf;
(vi) The replacement doors and accompanying elements must recall the historic condition in terms of configuration, detailing, material (if it meets code), and finish; and
(vii) The proposed changes to the door and door opening will not detract from the special architectural and historic character of the building.
(d) Actuators for Automatic Doors. LPC Staff may issue an approval for proposals to install an actuator device if the work meets all of the following relevant criteria:
(1) Door actuators installed on building facades.
(i) The push plate or actuator will be as small as feasible and located in the least obtrusive place possible;
(ii) The actuator will not be installed through decorative features or cast iron;
(iii) The actuator will be installed on flat unornamented masonry, brick, or metal, or at non-historic storefront infill, at a door return or side of a plain masonry pier, and will be attached through mortar joints or seams to minimize damage to historic fabric. Such proposed installation will to the greatest extent feasible not result in exposed conduit; and
(iv) The installation will not call undue attention to itself or otherwise detract from significant architectural features of the building or adjacent buildings.
(2) Door actuators installed on free-standing bollards, stanchions or posts (collectively "posts"). If the actuator cannot be installed pursuant to paragraph (1) of this subdivision due to facade conditions or other constraints, LPC Staff will approve an actuator installed on a post where the post is:
(i) Installed into non-historic paving;
(ii) Simply designed and finished to match the adjacent facade material or other neutral finish; and
(iii) The post will be an unobtrusive presence in conjunction with the facade and will not detract from or obscure any significant architectural features of the building.
(e) Handrails and Areaway Alterations.
(1) LPC Staff will issue an approval for a proposed handrail on an existing stoop or areaway steps on a building in a historic district or scenic landmark if the work meets all of the following relevant criteria:
(i) The installation of the handrail will not damage any decorative features of the masonry stoop walls, ironwork, or areaway enclosure;
(ii) The handrail will be simply designed and will not detract from the significant architectural features of the building; and
(iii) The handrail will be attached to the coping of the stoop wall, inside the stoop wall, or at the treads, whichever location the LPC Staff determines is the least obtrusive, taking into account other such installations on the block and the purpose of the handrail.
(2) LPC Staff will issue an approval for a proposal to alter an areaway enclosure to accommodate an accessible entrance:
(i) If the areaway enclosure consists of historic ironwork or masonry, the alterations are as minimal as possible to meet accessibility requirements and the ironwork and/or masonry is finished to match the historic condition; and
(ii) If no historic fabric exists in the areaway, the ironwork and/or masonry is finished to match the existing conditions.
(f) Ramps. LPC Staff may issue an approval for certain ramps as specified below. For purposes of this subdivision, a "ramp" includes the associated landing(s) and any steps integrated into the ramp.
(1) Ramps without handrails. Ramps that do not require a handrail may be approved on individual landmarks and buildings in historic districts and scenic landmarks if:
(i) The installation will not result in damage to significant historic fabric, including sidewalk paving materials or vault lights, steps and landings, or will involve the removal or modification of discrete portions of historic fabric, and the fabric that is removed is re-used in connection with the ramp work where possible;
(ii) The ramp will be constructed in materials to match the immediately adjacent facade material or sidewalk and threshold paving, or with utilitarian materials with a neutral finish so as to have an unobtrusive presence on the building;
(iii) The ramp will be as short as possible, with no switch-backs, except that LPC Staff may approve a longer ramp, with no switch-backs, if the longer ramp will have less visual impact on the facade; and
(iv) The proposed changes will not detract from the special architectural and historic character of the building.
(2) Ramps with handrails. Ramps that require a handrail may be approved for buildings in historic districts and scenic landmarks that are not individual landmarks if:
(i) The installation of the ramp and handrails will not eliminate or conceal any significant architectural features of the building or sidewalk, or landscape feature if in a scenic landmark, except as provided for below;
(ii) The installation is obscured or partially obscured by existing architectural features where possible, such as ironwork or masonry walls;
(iii) The ramp will be as short as possible, with no switch-backs and intermediate landings, except that LPC Staff may approve a longer ramp, with no switch-backs, if they determine that the longer ramp will have less visual impact on the facade;
(iv) For storefronts, the ramp will be confined to the storefront or building associated with the entrance being made accessible;
(v) For buildings with deeply recessed entrance courts or areaways, a ramp must be located within the recess, unless LPC Staff determines that a different location provides equal accessibility with less impact on the building;
(vi) The presence and location of the ramp will not disrupt, or will be consistent with, the facade's composition. For purposes of this rule, steps and landing leading to the entryway that are extending outward to receive the ramp should retain the historic orientation where feasible, and the favored position for a ramp in a recessed court or areaway is presumed to be off to one side so that it is as inconspicuous as possible, but, depending on the facade's composition, LPC Staff may determine that another location is more consistent and harmonious with the design of the facade;
(vii) Minimal excavation will be permitted to facilitate barrier-free access;
(viii) The handrail will be simply designed with the minimum number of vertical elements permitted;
(ix) The ramp will be simply designed and constructed in materials to match the immediately adjacent facade material or ironwork, or with utilitarian materials with a neutral finish, whichever will result in the least obtrusive presence on the building; and
(x) The proposed work will not detract from the special architectural and historic character of the building, district or scenic landmark.
(g) Lifts. LPC Staff may issue an approval for a wheelchair platform lift or a chair lift on a rail on a building in a historic district or scenic landmark, other than an individual landmark, if the proposed work meets all of the following relevant criteria:
(1) Wheelchair platform lifts.
(i) The lift will not require significant alterations to existing fabric at the proposed location, and any such alterations are reversible;
(ii) Only minimal historic fabric will be removed to access the lift at the elevated position;
(iii) The lift will be located in a recessed location on the facade, or otherwise located to not disrupt the facade's composition, and will be obscured or partially obscured by existing features such as ironwork or masonry walls;
(iv) The lift will be stored in the down position to minimize its visual presence; and
(v) The lift will be finished to match the immediately adjacent facade materials, or will have a neutral finish; and
(vi) The proposed work will not detract from the special architectural and historic character of the building, streetscape or scenic landmark.
(2) Wheelchair and chair lifts on rails.
(i) The installation does not require any significant alterations to the existing areaway, stoop, handrail, or building facade, and is reversible;
(ii) The installation will require minimal attachment points through non-decorative elements; and
(iii) The lift will be painted to match the finish of the adjacent ironwork or masonry, or will have a neutral finish.
(iv) The proposed work will not detract from the special architectural and historic character of the building, streetscape or scenic landmark.
(h) Replacement or Modification of Existing Commission-Approved or Grandfathered Ramps and Lifts. If an applicant can demonstrate that it is not feasible to replace or modify an existing ramp to meet the requirements of this section, LPC Staff may issue an approval to modify or replace an existing Commission-approved or grandfathered ramp or lift to meet current accessibility codes if the work meets all of the following relevant criteria:
(1) The replacement ramp will match or be smaller and/or shorter than the existing ramp in terms of footprint and overall rise, or is altered to the minimum degree necessary for compliance;
(2) The replacement ramp will be constructed using materials that either match the materials and handrail design of the existing ramp or match the adjacent facade material and/or railing, or utilitarian materials with a neutral finish. A change in handrail design to the minimum number of vertical elements required by code is permitted;
(3) The platform lift and guiderails will be installed in the same locations using existing penetrations in the building facade or other elements. Some additional penetrations may be approved if required to meet code.
(4) The lift mechanicals will be located in the same location and will match the footprint and height of the existing mechanicals, or will be reduced in size;
(5) The lift may be fully enclosed if necessary to meet code; and
(6) The previously approved finishes will be maintained or modified to better blend with the adjacent facade material.
(Amended City Record 12/20/2018, eff. 1/19/2019)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-113136Fetched: 10/24/2026