What’s the difference between ADA and LL58/87?
These two laws seem similar on the surface. So what are the differences between ADA and LL58/87? Both prohibit discrimination. And both involve accessibility. But what jobs they affect are very different.
What is the ADA?
ADA stands for the Americans With Disabilities Act, a 1990 federal civil rights law. In short, the ADA makes sure those with disabilities don't experience discrimination. The law extends to transportation, careers, jobs, and more. It also states buildings and spaces serving the public must be designed to allow usability for those with disabilities.
Following the ADA in building requirements
The ADA Access Board created and modifies a set of Accessibility Guidelines (ADAAG). In and of themselves, these design guidelines are not building codes or standards. However, these guidelines have already been incorporated into existing building codes for new construction (except for personal single-family residences).
But here’s where the ADA causes some confusion. What about structures and facilities built before 1990 but not undergoing renovations? Do they need to comply with the ADA? Aside from residences, the answer is yes. Any building open to the public—even historic homes used for businesses—must reasonably remove barriers to accessibility. Types of barriers can be architectural, restroom availability, product spacing, and more.
Wondering how to follow the ADA in an existing commercial structure feels complicated and can be daunting. But several things help. Start with an ADA checklist and then reach out to a firm like ours for advice on how to comply.
What is LL58/87?
LL58/87 (Local Law 58 of 1987) is a NYC law that was enacted in 1987. It was designed to ensure that newly constructed multi-family residences accommodate those with disabilities. Residences built before 1987 were largely exempt. But, if a building changed purposes or underwent renovations costing 50% or more replacement cost, that would trigger LL58/87 compliance.
What LL58/87 means for building requirements
Before 2014, understanding LL58/87 was very important. But LL58/87 requirements for existing buildings became redundant with 2014 New York City codes. In 2014, building codes mandated that all construction work comply with Chapter 11 of the 2014 code. The code allows for exemptions in certain circumstances and makes provisions for lifts versus elevators in others.
The differences between ADA and LL58/87
The biggest difference between the ADA and LL58/87 is that the ADA's reach does not extend to private residences, even during times of extensive renovation or changing of footprint. However, for those in New York City, LL58/87 includes residences like multi-family homes with more than three units.
Another difference between ADA and LL58/87 is in what they require from existing structures and facilities. Though there are more detailed exemptions we can help you understand, the ADA requires businesses to make reasonable changes for accessibility. And that's despite readiness to renovate or update. Companies and facilities can't put off becoming ADA-compliant. Otherwise, they're not following the law. Until major renovations or changes in use occur, LL58/87 has allowed existing buildings to stay as they are.