Ramps in New York: Uniform Code permits and tenants' rights

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Ramps in New York: Uniform Code permits and tenants' rights

Ask a neighbor in New York whether a wheelchair ramp needs a permit and you may get three different answers, depending on whether they live in a village, a town or one of the five boroughs. The reason is structural: the state sets one code, but local offices enforce it, and New York City keeps its own.

Renters face a second question, whether a landlord can refuse the change. State human rights law answers that one directly. Both are below, with the entrance equipment we carry.

Who decides about a ramp in New York

The Department of State explains that the Uniform Fire Prevention and Building Code "is applicable in every part of the State with the exception of New York City, which is currently permitted to retain its own code" (NYS Department of State). It took effect on January 1, 1984, and Executive Law § 379 lets local governments adopt standards that are "higher" or "more restrictive."

The department's memorandum for local officials fills in the rest. "The Uniform Code is automatically in effect in each city, town, and village in the State," and "An individual city, town, or village cannot choose to exclude itself from all or any part of the Uniform Code." On permits, "Building permits must be required for any work which is required to conform to the Uniform Code," and the next sentence reads "Certain exceptions are permitted" (DOS Legal Memorandum LG03). Enforcement belongs to the local government unless it opts out, in which case "the responsibility for administering and enforcing the Uniform Code within the local government passes to the county," and after that to the Department of State.

We did not read the regulations that list the permit exceptions, so we will not tell you a ramp is exempt. Ask your village, town or city code enforcement officer before building; in the five boroughs, ask the NYC Department of Buildings.

Tenants can ask to modify

New York's Human Rights Law makes it an unlawful practice "To refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises" when needed for the person's full enjoyment of the home. For a rental, the landlord may, where reasonable, "condition permission for a modification on the renter's agreeing to restore the interior of the premises" to its prior condition, reasonable wear and tear excepted (Executive Law § 296(18)(1)). Make the request in writing, describe the ramp or opener, and keep a copy.

Doorway equipment

Our ramps and door collection is built around the entrance. The details come from each product's page on our site.

  • Harmar Rubber Threshold Ramp: for a raised sill or a single low step up to 4 in. Modular rubber sections give 36 in of usable width at every height and support 850 lb; the edges are beveled and the surface non-slip. It suits an apartment door well, since it assembles without tools or hardware.
  • Open Sesame Commercial Automatic Door Opener: Open Sesame's Model 233, built for light commercial use such as lobbies, restroom doors and storefronts. It opens up to 120 degrees, holds for 5 to 30 seconds and has an internal battery for power outages. A church, a small office or a shared entry may suit it.
  • Open Sesame Standard Transmitter (D): a remote that can be mounted below a wheelchair armrest or on a side panel, with a sensitivity paddle for anyone who finds a small button hard to press. It takes a 12V 23A battery.
  • Open Sesame Voice Interface: connects an Open Sesame operator to Wi-Fi and Amazon Alexa so the door opens by voice. Open Sesame says it works with existing units on the 433 MHz frequency.

Help from TRAID

The TRAID Program, short for Technology-Related Assistance for Individuals with Disabilities, works through Regional TRAID Centers that "provide device loans and hands-on training to people with disabilities." The AT3 Center lists demonstrations and reutilization as well. A center near you may let you try a portable ramp or door control before you commit.

What New York weather asks of a ramp

NOAA's New York climate summary reports that New York "has recently experienced a large increase in the number of 2-inch extreme precipitation events," and that nor'easters "can produce crippling snowfall, flood-producing rainfall, hurricane-force winds, and dangerous cold." Statewide annual precipitation has ranged from 31.6 inches in 1964 to 55.7 inches in 2011.

An outdoor ramp here has to drain fast after heavy rain, stay grippy when wet and leave room to shovel along its length. Handrails help most in winter, when an icy patch can catch anyone. Where you can, put the ramp on a side of the house that gets sun or sits under a roof edge that does not drip onto it.

Ordering and delivery to New York

We work with a team of credentialed local specialists to guarantee timely, safe, and optimal delivery and installation. If you need a full ramp, the ramp fit check is the first step. We ship to the lower 48 states and DC, free on orders over $500 ($15 under $500), and we cover the sales tax on every order. Most products are processed in 2-5 business days; some brands differ. Our New York shipping page has more.

Questions about ramps in New York

Do I need a permit to build a wheelchair ramp in New York State?

The Department of State says building permits must be required for any work that must conform to the Uniform Code, with certain exceptions. We have not confirmed whether a home ramp is one of those exceptions. Your local code enforcement officer decides, and the county takes over if your municipality has opted out of enforcing the code.

Is a ramp in New York City handled differently?

Yes. According to the Department of State, the Uniform Code applies throughout the state except New York City, which is permitted to retain its own code. For a home in the five boroughs, ask the NYC Department of Buildings what a ramp or door opener requires before work begins.

Can my landlord refuse to let me install a ramp?

Executive Law § 296(18)(1) makes it unlawful to refuse reasonable modifications, at the tenant's expense, that a person with a disability needs for full enjoyment of the home. The landlord may, where reasonable, require you to restore the interior when you move out. Ask in writing and describe the change clearly.

Can a door opener be controlled from a wheelchair?

Yes. The Open Sesame Standard Transmitter (D) can be mounted below a wheelchair armrest or on a side panel and includes a sensitivity paddle. For hands-free use, the Open Sesame Voice Interface connects compatible 433 MHz operators to Wi-Fi and Amazon Alexa so the door can be opened by voice.

Explore the ramps and door openers collection, use the ramp fit check, or go through the full assessment. Questions? Email us at info@faithmobility.com.

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