The Bathroom Squeeze: Does the New NYC Code Set Back Residential Access?

The background

As Compliance Specialist Linda Gutmann explained in last December’s Orbit, New York City’s 17-year-old accessibility requirements, Local Law 58 (LL58), will be replaced when the City adopts the International Building Code (IBC).

However, the IBC requires that only 2% of the units in newly constructed apartment buildings that have 21 or more units comply with the adaptability requirements that New Yorkers with disabilities have enjoyed under LL 58’s accessibility standard, ANSI A117.1-1986.
These apartments are called Type A units. The remaining 98% are referred to as Type B, which
are merely intended to comply with the requirements set forth by the Federal Fair Housing Amendments Act’s Accessibility Guidelines. These units offer less accessibility then Type A throughout the apartment, but individuals using wheelchairs will especially feel the square footage pinch in the bathroom.

To make matters even more complicated, LL 58 has incorporated variances from strict compliance with LL 58’s accessibility standard ANSI A117.1-1986. These variances are known as Technical Policy Procedure Notices (TPPNs). In several instances the TPPN’s require a design that is below what is required by the Fair Housing Accessibility Guidelines. This means that many apartments in New York City were built in violation of federal law.

The problem

Due to the high expense and limited space available in New York City, associations representing the city’s realtors (REBNY- Real Estate Board of New York) and Building Owners (BOMA-Building Owners and Managers Association) are in support of Type B units. Conversely, United Spinal Association’s members and other wheelchair users in New York City represented by the Mayor’s Office for People with Disabilities require the greater access found in a Type A unit, particularly in the bathroom design.

Fig. 1- LL58 Invites Fair Housing Violations

Potential for Compromise?

The IBC’s new accessibility reference standard, ANSI A117.1—2003 offers two bathroom options within the Type B dwelling unit: Option A and Option B. The Option B bathroom offers more square footage and clear floor space for fixtures for a wheelchair user—but will it be enough to meet the needs of people with mobility impairments in New York City?

United Spinal’s Architecture program set to answer that question by designing and constructing the Type B, Option B bathroom at United Spinal’s facilities at Fort Totten, New York and asked several members to test the model to determine if it could be used.

With a small addition to the clear floor space available in front of the bathtub and additional reinforcements behind the walls for the future installation of a swing-up and vertical grab bar, most that tested the bathroom found that it met their needs.

What’s next?

United Spinal will invite members of REBNY and BOMA to view the mock up of the Type B, Option B bathroom. Hopefully the various groups will agree that it is a solution for everyone and advocate that it be adopted in the new Building Code of New York City.

Fig. 2- Proposed NYC Type B Option B Bathroom

For more information on United Spinal Association’s position on accessibility requirements in the version of the IBC being considered as a replacement to the City of New York Building Code, please contact me at 1-800-807-0191

Dominic Marinelli is director of Accessibility Services at United Spinal.