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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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I own a commercial building with a 175 year old theatre on

Customer Question

I own a commercial building with a 175 year old theatre on the third floor. It has always been a theatre. It's in it's original form (not used for past 125 years. The second floor used to be office space. We would make this a service bar/intermission area with bathrooms. It is currently demolished, now sheetrock walls or ceiling. Nothing has been altered in my opinion. All walls, windows and doors are in the same places.
Am I requirement to have an elevator
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I suggest that if you work with the Historic Register and get the building on the Historic rosters, it may be possible to forego the ADA requirements that when renovations are being done, there needs to be handicap access.

The regulations require that architectural and communication barriers that are structural must be removed in public areas of existing facilities when their removal is readily achievable—in other words, easily accomplished and able to be carried out without much difficulty or expense

Expert:  Sam replied 1 year ago.

So yes, it is possible the ADA would require an elevator for handicapped patrons. If you can get the Historical register to work with you, it might be able to be avoided. If not, you might be able to get a contribution from the Historical Society in your area to help since you will be restoring the building for use.