Legal Question in Construction Law in New York

ADA and NYS Building Code

Legally, is one required to adhere to the more stringent of ADA and NYS Building Code?

Specifically, if making an alteration to an existing building and the NYS Building Code has an exception that does not require the alteration (addition of a 1,500 s.f. mezzanine within an existing space) to be accessible, would ADA require the mezzanine to be accessible?


Asked on 10/25/08, 9:19 am

1 Answer from Attorneys
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Re: ADA and NYS Building Code

The answer is most likely "yes". Federal law almost always supercedes any given state law. However, an attorney would have to review the facts in more detail to give you a more definite response.

Hope this small tidbit is helpful.

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Answered on 10/25/08, 9:47 am


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