State Compromises on Building Code
 Illustrating
the power of committed disability advocates working together, the New York
State Uniform Fire Prevention Building Code Council changed its previous
decision on accessibility in apartment buildings in a 17-0 vote on Dec.
19. As a result, all newly constructed apartments are required to be partially
accessible.
"Everyone
had a sense that this is good for disabled people as well as senior citizens
in terms of access, and it is easy for builders to comply with because
they can build all units the same," said Terry Moakley, of the Eastern
Paralyzed Veteran's Association, who proposed the new requirements. "Apartments
will feature universal design. They can be lived in by people with disabilities
but still be attractive to anyone whether they are disabled or not." Moakley
is also a member of the Code Council.
The resolution
is a product a year-long struggle between disability activists and the
Building Code Council.
On Nov. 8,
members of disabled rights group ADAPT disrupted a meeting of the Code
Council after it voted to reduce accessible dwellings to 10 percent - a
90 percent reduction from the existing code. With that vote, the council
rejected a compromise that had been proposed by Moakley that would require
all room doors to be wide enough to accommodate wheelchairs and one accessible
bathroom in each apartment.
The results
of that meeting were not acceptable to builders either. They felt that
constructing units within the same building to two different standards
would be too costly and complicated.
On Dec. 5
Dominic Marinelli and Linda Guttman of EPVA; Debbie Bonomo, Richard Miller,
Chris Hilderbrant and Bruce Darling of Rochester ADAPT; and representatives
of the New York State Builders Association met with Mark Kissinger of Governor
George Pataki's staff to work out a compromise.
As that meeting
progressed, ADAPT members once again stood ready to demonstrate, this time
outside the governor's office in Albany and along with Disabled in Action
members outside the governor's office in Manhattan, should an acceptable
compromise not be reached.
But the advocates
didn't act because those at the meeting agreed to the proposal originally
made by Moakley at the Nov. 8 meeting. The Code Council still needed to
accept these changes with a vote.
At a Dec.
19 meeting of the code council, Moakley once again made his motion, and
after hearing public comment the council voted to pass it. .
"[The agreement]
would not have happened if activists hadn't been there," said Bruce Darling
the executive director of Center for Disability Rights and ADAPT organizer.
"That unified sense of power and strength really makes a huge difference."
Some Apartment Access Retained In
New York's New Building Code
BY DOMINIC MARINELLI
On Wednesday,
Dec. 19, the New York State Uniform Fire Prevention & Building Codes
Council voted to approve a compromise between disability advocates and
New York State homebuilders. For the past year, EPVA has been trying to
preserve the accessibility requirements that New York has required in newly
constructed apartments since 1984. The new International Building Code
(IBC) which will replace the eighteen year old building code in the Empire
State this summer jeopardized this excellent access as it reduces the number
of accessible units from a design that people with disabilities can easily
adapt 100 percent of the time by 98 percent.
The IBC only
requires that 2 percent of the units have to provide the square footage
and the necessary maneuvering clearances at doors and in bathrooms that
is critical to the residential needs of many people with physical disabilities.
The remaining apartments (98 percent) are not required to provide this
needed space.
Various technical
committees and the New York State Department of States Codes Division where
charged with comparing the current code with the IBC by the Codes Council.
Although all involved recognized the significant differences in the amount
of accessibility required, home builders were reluctant to agree with advocates
- blaming the significant square footage needed to retain New York's excellent
standard for accessible dwelling units as compared to the space needed
to comply with the IBC. The difference of opinion was played out during
many meetings of the Codes Council. The members of the Codes Council make
the final decisions of what code sections of the IBC should be enhanced
or modified as needed in New York State. After voting not to retain New
York's excellent accessible housing requirements, the Council and the Department
of State were forced to reconsider the issue by the overwhelming number
of public comments and testimony from people with disabilities asking that
the IBC's provisions be improved as they relate to accessible housing.
On Nov. 8,
2001, the Council only agreed to increase the number of accessible dwelling
units from 2 percent to 10 percent, a 90 percent reduction of the current
NY requirement. Outraged with this insignificant increase, members of the
disability organization ADAPT began a protest that caused the Council meeting
to be delayed for several hours. The public stir created by the protest,
combined with the concern of home builders that providing different types
of dwelling units 10 percent of the time would create more of a design
and construction burden, led to the Dec. 19 compromise.
Common ground
was sought by Governor Pataki's staffer, who met with all involved regarding
new code language that would benefit both the housing needs of people with
disabilities and the cost concerns of homebuilders. Builders would agree
to having access in 100 percent of the dwelling units and disability advocates
would focus on the most necessary elements within the apartments - maneuvering
clearances at doors and in bathrooms.
This compromise,
introduced by EPVA Associate Executive Director of Public Affairs Terence
Moakley, who is a member of the Codes Council, was voted down several times
in the past, as recently as approximately one month ago. The margin of
difference during the last vote was provided by Governor's office representatives
on the Codes Council. Apparently, they have changed their minds to accommodate
the needs of both people with disabilities and homebuilders.
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