Ask the Architect

Cut corners at your peril

Posted

Q. I’m looking at spaces to set up my office, and I keep running into the same problem: none of them has a C. of O. for all the changes. I took your advice and looked up records. Each place I looked at has original walls, and the bathrooms aren’t handicapped-accessible. Am I required to get a permit to change the space (the landlord already has it in the contract that she isn’t responsible), and why is it nobody else did? The landlord said people just take their chances and nobody ever bothers them. Also, I was told that in two of the three spaces the bathroom was fine, but one of them, I found out, definitely needs a new, handicapped-accessible bathroom and plans from an architect. I asked about it when I looked up plans. Is this just in some cities, and who decides?

A. Next time you’re watching the news and see a fire rescue or a standoff with police, imagine how life-threatening the situation could be without planning. In the case of fire, structures require slow- or no-burning materials, the ability to escape, and built-in equipment that can keep the fire from spreading. Rescuing hostages requires accurate floor plans with correct wall and door layouts. There’s not much chance, in either scenario, that things will go well if preventive measures are ignored.

When people cut corners to save money and ignore permits, which require plans and review for safety reasons, future occupants may suffer. We take a lot for granted with buildings. The recent artists’-residence warehouse fire in Oakland, which killed 33 people, is an example of this kind of ignoring of basic life safety. You’re right to ask questions, research and do what’s right.

A landlord is wrong to believe that you’re the only party responsible for permits, since they have to sign all permit application papers, as owner, and have a significant liability for writing that they sidestep their control of safety issues with their property. Encouraging or enabling you not to follow regulations of public safety, including not obtaining permits, can cause legal problems, and you should consult an attorney before agreeing to lease.

As for handicapped requirements, municipalities have enforced the laws differently, some requiring changes only when upgrades and occupancy changes increase by 50 percent or more, others requiring compliance with any change, and the most extreme is to require it immediately, since the Americans with Disabilities Act went into effect in 1992. If you don’t have 15 or more employees and don’t make changes to the facility, you may not need to upgrade, but your municipality should advise you. Establishments servicing the public usually upgrade. Even storage rooms on upper or lower floors must be reachable and accessible. I’m impressed that you’re concerned enough to check on these issues and are knowledgeable to avoid future problems.

© 2017 Monte Leeper. Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.