Michael P. Rebic and Christopher Jenks
New York Landmarks Conservancy
Common Bond October, 1994

Across New York State, religious institutions are struggling to make their buildings more welcoming to people with disabilities. Many are responding to moral mandates, others to new views concerning the meaning of community and inclusiveness, and some to legal changes wrought by the recently enacted Americans with Disabilities Act, the most profound civil rights legislation passed by Congress since the Civil Rights Act of 1964.

This struggle can be especially daunting to the owners of historic buildings. Few historic houses of worship, whether it be the urban church or the rural synagogue, were designed to be accessible to people with disabilities. In addition, many houses of worship incorporate stairs, complex sequences of spaces, and multiple changes in floor levels designed to complement and enhance liturgy. The very features that make these buildings so special often pose significant impediments to people with disabilities.

Altering an older house of worship can also lead to conflicts between the desire to preserve the building's historic appearance-usually a legal requirement if the building is a designated landmark-and the need to ensure that the building is open to all members of the community. Not only to those who are "temporarily-abled." The challenge is to reconcile these seeming opposites-the need to change and yet remain the same. It is a challenge that a congregation can meet through sensible planning and sensitive design.

The success of any scheme intended to increase access to a historic house of worship hinges on good planning. Two essential steps need to be undertaken if a congregation is going to implement a successful disability access plan: the identification of the building's significant character-defining features and an assessment of its existing level of accessibility.

Identify and Evaluate Significant Features

The first step involves identifying those features that make a building worthy of landmark designation. These are the features that need to be preserved if the building is to retain its historic integrity, that is, its historic importance. To properly identify a building's character-defining elements one should ask a number of questions. What elements distinguish this building from others? Which features are special? Why are they special? Which of these special features are essential in defining the building? Are certain ones more important than others are? Would the loss of certain elements seriously change the appearance of the building?

Features, of course, can vary from building to building, but usually include construction materials, architectural detailing, spatial configurations, stylistic elements and decorative schemes. Usually the front facade, the principal entrance, and major interior spaces-such as the sanctuary-play critical roles in defining the building and its historic significance. Changes to features located at these areas will more likely affect the historic integrity of the building than changes to less important, secondary areas.

Sometimes significant features are quite obvious and can be readily identified by most members of the congregation. The glorious stained glass, the finely crafted wood wainscot, the intricate mosaic work: these features are readily apparent to all that use the building. Others can be more difficult to identify without the right training. Fortunately, owners of historic properties have access to important resources that are generally not available to owners of buildings not landmarked. Designation reports and similar materials describing the landmark and its history are good resources for information on the building's important features. Owners of locally designated landmarks can turn to the community's preservation board or commission for further help and advice. For those whose properties are listed on the State or National Register of Historic Places, representatives from the New York State Office of Parks, Recreation and Historic Preservation can be contacted. Preservation professionals and advocacy groups, as well as architects and designers, who have experience working with historic buildings, are also excellent resources.

Survey Existing Barriers

The second step essential to a sound plan entails conducting a survey of the building to assess its existing level of accessibility. Examine the different areas and spaces that comprise the building and, most importantly, the routes to and through building. This survey will identify spaces, paths, areas, and appurtenances and evaluate them according to their conformance to or deviation from accepted accessibility standards. Those that do not meet the minimum standards are built-in or "architectural" barriers, which prevent or impede people with disabilities from using the building. It is these architectural barriers which need to be removed if the building is going to be accessible to people with disabilities.

In conducting the survey and planning for increased access, many congregations find it useful to set up a special committee. Persons with disabilities can be particularly helpful members of such a committee and should be involved in the efforts to make a building more accessible. Checklists that define acceptable accessibility standards are available and can provide a convenient format for the survey as well as guidance as to which areas of the building need to be examined. Specialists for hire are also available and should be employed for particularly complex buildings. Owners of historic religious properties in the metropolitan New York City region can also call upon the Eastern Paralyzed Veterans Association. This not-for- advocacy group for people with disabilities will conduct a site visit of your building, help tailor an appropriate accessibility plan for your building, and make suggestions for implementing its recommendations.

Do not confine the survey simply to the building, but also take into consideration the different ways by which people come to the building from other places. If the congregation arrives by car, there is little point in building a wheelchair ramp if the parking lot has not also been provided with accessible spaces. The Americans with Disabilities Act looks at the following areas: Parking, Paths, and Curbs; Ramps and Stairs; Doors and Doorways; Principal User Spaces; Bathrooms; and Elevators and Lifts.

The importance of looking at the building's surroundings cannot be overemphasized. Leonard Kreigel, a member of the Brotherhood Synagogue in New York City (see Preservation Profile) emphasizes this point. "Despite the efforts that the synagogue has made to make the building more accessible, there are very few curbs cuts on the block, and they are usually blocked by cars, even the synagogues own curb cut directly in front of the main entrance. I'm strong enough to jump the curbs, but most people in wheelchairs can't.

Prepare for Differences

The congregation should recognize that there are different types and degrees of disabilities. A thorough examination of a house of worship will not only acknowledge and identify the needs of wheelchair users, for example, but also the needs of others, such as people who are hearing-impaired or visually impaired. Although barriers to mobility are often the easiest to identify-and the first to come to mind when accessibility issues are addressed-the building may also present other barriers, such as visual barriers and auditory barriers, that act as impediments to people with disabilities. A comprehensive plan will identify all of the building's features that prevent full access-whether it is physical, visual, auditory, or other-to anyone desiring to be an integral part of the congregation.

Surveys should also consider the various roles a person with disabilities can play in the life of a congregation. Too often, people with disabilities are perceived as simply passive spectators and not as people who can play an active role, including leadership, in worship services. Areas and furnishings-such as the bema or chancel or altar-employed by the congregation and its leader as part of the worship service should also be examined to identify whether they present barriers that prevent use by all people. Do not forget that these areas and furnishings may be of historic importance too and may be character defining elements.

Ultimately, the goal is not simply to make the building accessible but, more importantly, to provide disabled people with equal opportunities to participate in the life of the congregation. This includes all aspects of the congregation's life, not only attending and comprehending the service, but also even leading it.

Review Applicable Laws

Most importantly, all applicable laws governing accessibility requirements should be reviewed carefully at the onset of the planning process, as they will determine minimum standards and maximum tolerances. Although the Americans with Disabilities Act exempts religious properties from its public accommodations requirements, your building nonetheless is still subject to both local and state ordinances governing accessibility.

In New York, religious institutions are not exempt from the accessibility requirements of the State building code, nor are religious properties located in New York City exempt from the municipal building law. As many local communities have their own building codes, make sure to consult with your building department or similar authority as to which standard you will be held; be aware that state, local, and federal requirements can vary widely. Generally, the most restrictive standard, that is, the most stringent, will apply.

Formulate a Plan

Once the architectural barriers and character-defining features have been identified the disability access plan can be formulated. At a minimum, this will address the architectural barriers that need to be removed or mitigated, prioritize the required changes by importance, and identify the historic significance of the barriers and their character-defining features.

The Americans with Disabilities Act suggests implementing changes in the following order: (1) access from public sidewalks, parking, or public transportation stops to the building entrance (2) access to principal interior spaces; (3) access to rest room facilities; and (4) access to secondary spaces. Unless changes are being made in response to legal requirements, however, you need not be too rigid about following the above sequence. Many congregations find it helpful to make inexpensive easily implemented changes first as a way to "get the ball rolling" and build momentum.

A good plan will not only identify architectural barriers that need to be modified, but also propose solutions to overcome them. The costs of implementing changes or mitigation measures should also be included. Any proposal involving the removal of architectural barriers or mitigation measures must take into account the impact these actions will have upon features identified as historically significant, for this too is part of the total cost of removal or mitigation. Historic features are valuable assets, and their destruction reduces the value of a landmark. Generally, significant elements should be retained with as little modification as possible and any changes should ultimately be reversible. That is, the alteration should be made in such a way that it could be removed at a later date without damage to the original feature. If essential character-defining elements will be destroyed or severely altered, then the proposed modification is not an acceptable solution for a historic house of worship and an alternate solution needs to be formulated.

Approach Problems Creatively

Finding another solution is usually most challenging aspect of any attempt to make a historic house of worship more accessible to people with disabilities. This is the point at which congregation seems to be confronted with only two options: either the historic feature is eliminated and the building is made more accessible, or the feature is retained and the building remains inaccessible. There are, however, usually other options that involve creative approaches to accessibility problems.

The entrances of many landmark buildings, for example, often boast hardware-such as hinges and door handles-that not only serve a utilitarian function but also are important decorative elements. Handles that are not easily operated, hinges that do not provide adequate clearance, doors that are simply too heavy are not uncommon problems posed by historic hardware. Removing the offending elements and employing new hardware is one solution, and it very well might be the appropriate solution for a building that is not historic or where the hardware is a minor feature.

For a landmark, however, the hardware might be an important element and its removal could compromise the building's historic value. At Old North Church in Boston, it was decided that the early eighteenth century wrought iron hardware at the church's main entrance was an important feature that helped define the building. Not unlike the way buttons sometimes define clothing and its loss would seriously diminish the value of one of America's most famous houses of worship. Instead of removing the original hardware, a creative solution was found: the wrought-iron hardware remains in its original position but the hinges and pintles were disconnected. Hidden modern hinges, which conform to accessibility requirements, actually operate the door. The old arrangement of pintles and hinges can be reconnected at any time if the congregation devises an alternate way of providing increased access. In this case, an appropriate solution, which increased access, was achieved with only a minor compromise. Most importantly, the solution is reversible and no damage has been done to a character-defining element.

Similarly, box pews or "enclosed slips" are an important interior feature of some historic houses of worship. Today they can help. Today they can help us understand visibly an era's concept of community, as well as the hierarchy of social, economic and spatial relationships that defined the congregation. These narrow, enclosed boxes with small access doors opening onto the aisles would seem to pose an insurmountable challenge to making the sanctuary accessible to wheelchair users. Their removal and replacement, on the other hand, could seriously compromise a significant feature and the spatial integrity of the church's historic interior.

At Williamsburg's Bruton Parish Church, a particularly elegant solution has been found to this problem. By joining together several pews, a large enough space will be created for wheelchairs. The paneling enclosing the box is to be hinged like an accordion, and, when opened, will provide space for wheelchairs to move in and out. When closed, the pew paneling will be unbroken and the change will be barely noticeable. This solution, while requiring the removal of some historic materials, preserves the overall integrity of the church's interior furnishing plan.

Understanding the role a historic element plays as well as its defining characteristics is paramount in developing appropriate solutions. At Bruton Parish, it was possible to remove some historic material and yet preserve the interior's historic integrity because the solution took into consideration the pews' role and primary characteristic: a clearly defined, self-contained enclosure bounded by paneled walls. Both were retained in the solution, although the actual size of the pew itself was altered.

Consider Options

Occasionally, an appropriate solution can not be found or it may prove too expensive to implement. Since the removal of historic features can seriously affect the appearance and value of a landmark, any such action should be taken only after a great deal of thought and consultation. Perhaps the alteration can be confined to a secondary area or secondary feature so that it will not have as great an impact upon the building. A side entrance, clearly marked, for example, can substitute for not having a fully accessible main entrance. On the other hand, the order of priorities could be changed in order to give the congregation additional time to raise the funds necessary to undertake a more appropriate solution. Lastly, the congregation may wish to rethink its program and explore alternate means of providing accessibility.

Unfortunately, many congregations seem to believe that the only way to make their houses of worship accessible is to build a wheelchair ramp. A house of worship that can not be made accessible to wheelchair users without major damage to historic features, may instead consider reaching out to other disabled populations, such as people who are blind, deaf, or developmentally delayed. Prayer books and hymnals in Braille can be purchased or the bulletin printed in large type for those whose vision is impaired. A signer can be provided at services or a TDD purchased for the auditory impaired. Changes that do not impact the building's historic fabric, such as adequately lighting the faces of speakers for the benefit of those that read lips. Or providing book stands or lap boards for those unable to hold books needed for the service, are also ways to make the historic house of worship more accessible.

Legal Considerations

Religious properties have been largely exempted from the public accommodation requirements of the American with Disabilities Act (ADA), a federal law. Under the law, Title III regulations governing public accommodations do not apply to religious organizations or entities controlled by religious organizations, including places of worship." This exemption is extensive and covers not only spaces used for liturgical purposes but also day-care centers, nursing homes, schools, and other buildings owned by a religious institution or an entity controlled by a religious organization.

Unlike the ADA, the New York State Uniform Fire Prevention and Building Code does not grant special rights to religious owners or properties. Buildings owned by religious owner's institutions are subject to the same regulations that apply to secular properties. Generally, the State code is only triggered if one or more of the following conditions are met: 1.the use of the property changes; 2.proposed alterations will cost more than 50 percent of the property's replacement value; or 3.a property component is to be replaced. In the last case, in-kind repair or replacement in the same configuration and materials will not subject the property to the code unless new materials are used or the component is redesigned or it's altered. Should any of the above conditions be met, the code considers the proposed work to be knew construction and the work will be subject to the State building code's accessibility requirements.

Variances from the strict application of the State code are available for properties under certain circumstances. Application for relief from regulations can be made the New York State Department of State-Codes Division (162 Washington Avenue, Albany, NY 12231). After being processed by the Department of State, requests are submitted to one of the five regional offices of the New York State Board of Review: these regional boards usually meet monthly.

The State code makes no special provisions for properties listed on the State or National Register or Historic Places. For owners of Register properties seeking variances, the State Office of Parks, Recreation and Historic Preservation (SHPO) -although it has no official role in the variance process-can be a helpful advocate, as well as an important source of design information. Among the considerations the SHPO will look at before making its informal and advisory recommendation to the State board are: the significance of the property, the impact the code will have upon the building, and whether alternate approaches are feasible.

Building codes administered by villages, towns, municipalities, and other local governmental bodies may also have their own requirements that supplement, complement, or are more restrictive than those of the State. If the State has granted a variance, you will still be subject to any local regulations and may have to also seek a separate variance from the local code.

Resource Guide

A variety of resources exist to assist religious organizations in welcoming people with physical, sensory, and mental disabilities. Following is a short list of helpful organizations and publications:

The Eastern Paralyzed Veterans Association (EPVA) was founded in 1946 to serve the needs of paralyzed veterans in New York, New Jersey, Connecticut and Pennsylvania. EPVA is dedicated to enhancing the lives of veterans with a spinal cord injury or disease. Its services encompass legislative, advocacy, communications, architectural design, wheelchair repair, and public affairs programs. Contact: Eastern Paralyzed Veterans Association, 7S-20 Astoria Boulevard, Jackson Heights, New York 11370, and (718) 803-EPVA.

The National Catholic Office for Persons with Disabilities (NCPD) was established in 1982. To foster and promote the historical challenge issued in 1978 the "Pastoral Statement of U.S. Catholic Bishops on People with Disabilities," which calls for the welcome and inclusion of people with disabilities within the church and "the total fabric of society." The NCPD operates through a network of diocesan level leaders working at the local level, and also works with other national organizations to expand awareness and develop resources. The office offers a huge array of resources and services including a pastoral manual, a resource file, and an ADA awareness packet. Contact: Mary Jane Owen, Executive Director, National Catholic Office for Persons with Disabilities, P.O. Box 29113, Washington, DC 20017, (202) S29-2933 (voice, TDD), (202) S29-4678 (FAX).

The National Christian Resource Center provides services and information for religious institutions (not just Christian churches) seeking to welcome people with disabilities. The Center provides computer database searches for managed-care facilities across the country. The Center also offers advice for those seeking to make their congregations more welcoming to people with disabilities including removing architectural barriers, integrating people with learning disabilities into Sunday schools, and educational programs. It sponsors workshops on building inclusiveness, and provides bibliographies for individuals or organizations seeking more specific service, particularly for those with learning disabilities. Contact: Tim Dittloff, Director, National Christian Resource Center, Bethesda Lutheran Home, 700 Hoffman Drive, Watertown, WI S3094, (800) 369-4636.

The Open Congregation is an interfaith, non-profit organization serving the metropolitan New York City area that strives to make houses of worship accessible, both in attitude and architecture, to people with disabilities. The organization offers a library and resource center that make available information on architectural recommendations for accessibility, books and pamphlets on how congregations can be a resource to disabled persons and families, listings of accessible houses of worship, and a respite and retreat program for disabled persons. The Open Congregation has people available to speak on issues of disability and offers professional architectural evaluations of existing facilities to assess accessibility. Contact: The Open Congregation, 3S2 Park Avenue South, New York, NY 10010, (212) S32-6740.

The National Organization on Disability (N.O.D.) promotes the acceptance and full participation in all aspects of life of America's 43 million men, women, and children with physical, sensory, or mental disabilities. The N.O.D. Religion and Disability Program is an interfaith effort urging local congregations, national denominational groups, and seminaries to remove the obstacles to worship that alienate people with disabilities. Contact: National Organization on Disability, Religion and Disability Program, 910 16th Street NW, Suite 600, Washington, DC 20006. Telephone: (202) 293-S960, (202) 293-S968 (TDD), (202) 293-7999 (FAX) 3 or (800) 248-ABLE (22-5-3)

The National Jewish Council for the Disabled of the Union of Orthodox Jewish Congregations of America provides recreational, social, and educational programs for developmentally disabled persons. It also has a resource center, answers a wide variety of questions, and provides services and referrals, for both individuals and organizations dealing with people with special needs. Contact: Jeff Lichtman, National Director, National Jewish Council for the Disabled, 333 Seventh Avenue, New York, NY 10001, (212) S63-4000, extension 229.

That All May Worship, published by the National Organization on Disability in Washington, DC, is a handbook written to assist congregations of all faiths, denominational groups, and seminaries in welcoming people with disabilities into all aspects of worship. The handbook addresses the issues involved in accommodating people with mobility impairment, visual impairment, hearing impairment, mental illness, developmental disabilities, learning disabilities, and chronic illness. It also contains a helpful appendix dealing with architectural barriers and how best to address them. Cost: $6.00, postage and handling included. Contact: The National Organization on Disability, Religion and Disability Program, 910 16th Street, NW, Suite 600, Washington, DC 20006, (800) 248-ABLE (22S3), (202) 293-S968 (TDD).

ADA Compliance Guidebook: A Checklist for Your Building, published by the Building Owners and Managers Association International, offers detailed information on the Title III regulations addressing accessibility in buildings. It contains a series of checklists that can be of particular help if you are conducting an audit of architectural barriers. Cost: $50, plus $7 for shipping and handling. Contact: Building Owners and Managers Association International, 1201 New York Avenue, NW, Suite 300, Washington, DC, 20005, (202) 408-2662.

Accessibility and Historic Preservation: Entrances to the Past (video) focuses on the need to achieve reasonable access solutions and to preserve historic buildings. ADA requirements are explained, and a simple step-by-step planning process is presented. Products and technologies are described and site-specific examples are used to illustrate successful solutions. Cost: $13.00 from Historic Windsor, Inc., P.O. Box 1777, Windsor, VT 05089, and (802) 674-6752. A companion resource guide is also available for $50. They can be purchased together for $55.00.

Preservation Brief #32: Making Historic Properties Accessible discusses planning considerations and accessibility solutions for National Register properties and landscapes. Cost: $1.50. Send check or money order to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954 or call (202) 512-1800.