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Bettesworth Construction
accessibility

How Building Codes and Accessibility Requirements Affect Historic Renovations

Historic designation does not automatically exempt a property from building or accessibility requirements. Learn how to identify applicable rules and plan safe, compatible access.

By Bettesworth Construction Team 8 min read

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Historic designation does not automatically exempt a building from building-code or accessibility requirements. In the United States, the rules that apply depend on the jurisdiction, the building’s existing and proposed use, the work being done, and any preservation review. A successful renovation identifies those requirements early, then develops a code-compliant approach that protects the building’s character-defining features as much as possible.

Why historic status does not settle the code question

A historic designation is important to project planning, but it is not a complete answer to which laws and codes apply. Requirements vary among jurisdictions: a local government may adopt a model code, amend it, or use its own code or subcodes. The applicable rules also depend on the project’s scope and the building’s proposed occupancy or use. The National Park Service (NPS) cautions that code adoption varies by jurisdiction, so a national overview cannot determine a particular property’s obligations.

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Accessibility, fire and life safety, hazardous-material mitigation, seismic work, energy performance, and resilience to natural hazards can all affect a rehabilitation. Their requirements may interact with significant materials, spaces, and site features. A project team should therefore establish the applicable requirements before design decisions become difficult or expensive to change—not assume either that every modern requirement applies in the same way everywhere or that historic status provides an exemption.

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Keep the different review systems distinct. The authority having jurisdiction (AHJ)—the local official or agency responsible for enforcing the adopted code—determines how local code requirements apply. Accessibility obligations may also arise under federal, state, or local laws, including the Americans with Disabilities Act (ADA), depending on the property and circumstances. Preservation review may be conducted by a local authority, a State Historic Preservation Office (SHPO), or another agency. The Secretary of the Interior’s Standards are a preservation framework; they do not replace code review or establish that a project meets every applicable accessibility obligation.

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The NPS page Codes and Regulatory Requirements for Rehabilitating Historic Buildings summarizes the jurisdictional variation. For a specific building, confirm requirements with the AHJ and relevant preservation authorities, based on the actual location, designation, proposed use, scope, and adopted code edition.

What the Secretary of the Interior’s Standards do—and do not do

The Standards help guide treatment of historic properties, but their regulatory role depends on the program involved. NPS identifies four treatments. The appropriate one depends on the property’s significance and condition, available documentation, and project goals.

Treatment How it frames work
Preservation Maintains and repairs historic materials and features while retaining the property’s existing form.
Rehabilitation Allows compatible alterations and additions to support a continuing or new use while retaining historic character.
Restoration Focuses on depicting the property at a particular period in its history.
Reconstruction Re-creates a property or part of it that no longer exists, based on historical evidence.

Rehabilitation is often the relevant treatment when a building must accommodate a viable continuing or new use. That does not mean every proposed alteration is compatible, nor does a preservation finding itself establish code compliance.

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The Standards for the Treatment of Historic Properties (36 CFR Part 68) are regulatory for NPS grant-in-aid projects. The Standards for Rehabilitation (36 CFR Part 67) provide criteria for the federal Historic Preservation Tax Incentives program. NPS also describes the broader Standards as widely used and adopted at federal, state, and local levels. The accompanying Guidelines are advisory: they give general direction, not case-specific exceptions from code requirements.

For a tax-incentive project, rehabilitation is reviewed for consistency with the building’s historic character and, where applicable, its historic district. NPS notes that economic and technical feasibility are taken into account. Such review is relevant to projects seeking those incentives; it is not automatically required for every historic building.

How existing-building codes can change the route to compliance

New-building provisions may not be the only available way to evaluate work on an existing property. The International Existing Building Code (IEBC), a model code adopted in 2003, recognizes the circumstances of existing buildings and includes provisions specific to historic buildings. NPS describes multiple compliance paths in the IEBC, including a Performance Compliance Method that evaluates an individual building’s characteristics.

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That can matter when a prescriptive alteration would substantially affect significant historic fabric or spaces: an existing-building path may give the team another way to demonstrate compliance. It is not an automatic waiver, a promise that a particular alternative will be accepted, or a reason to skip technical review. Many jurisdictions have adopted the IEBC, but others use their own codes, subcodes, or amendments. The locally adopted edition and its amendments—not the model code in the abstract—control the project’s options.

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Ask the AHJ which code and edition apply, whether an existing-building or historic-building provision is in force, and what documentation the official needs to consider a proposed alternative. NPS recommends consulting code officials and preservation authorities early. Where a standard code-required solution could harm historic character, discuss relevant alternative means of compliance with the official before committing to a design.

A practical sequence for accessibility planning

Accessibility work should be planned as a design problem with two essential outcomes: safe, independent access and protection of significant historic character. NPS’s 2017 rehabilitation guidelines emphasize that sensitive solutions to accessibility and life-safety requirements are part of protecting the historic building and site. An approach that looks discreet but does not provide safe, independent access is not a successful solution.

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  1. Confirm the rules and the people who decide. Identify the AHJ, locally adopted building and accessibility codes, the project scope, and the proposed occupancy or use. Establish whether federal, state, or local preservation review applies, and identify any applicable accessibility-law obligations. NPS recommends early consultation with code officials, the SHPO, and NPS where relevant.
  2. Record what makes the property significant. Before designing alterations, document character-defining exterior features, interior spaces and finishes, and important site and setting features that could be affected. This gives the design team and reviewers a basis for comparing options. NPS warns against carrying out code-related alterations before identifying the features that contribute to historic character.
  3. Develop more than one route or location. Consider how a person will approach, enter, and move through the spaces needed for the building’s use. Evaluate ramps, paths, lifts, and elevators where appropriate; these are possible approaches, not universal requirements. Look at changes in grade, secondary elevations, and less significant interior spaces as well as prominent locations.
  4. Coordinate the access and preservation expertise. Involve professionals familiar with both accessibility and historic preservation. They can help assess whether an option provides safe, independent access, meets technical requirements, fits the building’s layout and grade, and avoids unnecessary loss or alteration of significant features.
  5. Review the preferred approach with officials before finalizing it. Ask the AHJ to confirm the applicable technical requirements and whether an existing-building alternative is available under the adopted code. Consult preservation reviewers about the proposed effect on historic character. Secure the required approvals through the relevant processes rather than treating one review as a substitute for another.

How to compare possible access designs

There is no single accessibility feature that is appropriate for every historic building. A route that works on one site may be impractical or more visually intrusive on another. NPS examples include compatible ramps, paths, lifts, and elevators. Its guidance encourages teams to consider secondary or less significant locations where feasible and to explore alternatives before changing a primary entrance.

Approach to evaluate Design questions Historic-preservation consideration
Path or gradual grade change Can the site’s approach and grade provide the required accessible route? A gradual sidewalk grade may be less visually intrusive than a ramp in some circumstances.
Ramp Can it provide safe, independent access and meet the applicable technical requirements? Consider a secondary elevation when access is not compromised; assess effects on site features and significant elevations.
Lift Can it serve the needed route and fit the building and site? A secondary location may reduce impact. If the primary elevation is the only feasible location, NPS advises making the lift as inconspicuous as possible.
Elevator Can the building layout accommodate it where access is needed? A secondary interior space may be a better fit than a significant room, if the access needs and technical requirements can still be met.

Compare options against the same criteria: whether they deliver safe, independent access and satisfy technical requirements; how they affect significant materials, spaces, and site features; their visibility on primary elevations or in important rooms; their feasibility given the building’s layout and grade; and whether the AHJ and preservation reviewer find the proposal acceptable. A temporary or portable ramp may be considered for a particular situation, but NPS does not establish that a portable model will satisfy an accessible-route requirement or preservation review. Do not select a product in place of evaluating the complete route and the project-specific rules.

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Why proposed use and occupancy belong in early planning

Required work can change with a building’s occupancy and proposed use. A conversion or change in use may bring different code demands than continued use, affecting the amount and type of work under consideration. NPS’s Rehabilitation Guidelines advise considering use-specific work early: some uses require fewer alterations and may be more appropriate for a particular historic building.

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This makes use selection a preservation decision as well as an operational one. Before a design is fixed, describe the intended use to the AHJ and ask what code implications it raises. Compare feasible uses in light of the building’s significant features and the alterations each may require. Early coordination can help identify avoidable impacts and clarify whether the contemplated use is compatible with the property; it does not guarantee that a proposed use or design will be approved.

What to bring to an early project meeting

A focused discussion is more useful when officials and specialists can see the building, the proposed work, and the alternatives under consideration. Prepare the information that allows them to assess both the regulatory path and the preservation effects:

  • The property location, historic designation or review context, and the agencies or authorities already involved.
  • The existing and proposed use, occupancy, and a clear description of the project scope.
  • Available plans, photographs, and notes identifying significant exterior and interior features, finishes, spaces, and site elements.
  • The locally adopted code and accessibility provisions, if already identified, plus questions about edition, amendments, and applicable existing-building paths.
  • More than one access concept, with the route, entrance, vertical changes, affected spaces, and anticipated effects on historic features shown clearly.
  • Questions for the AHJ about technical requirements and possible alternative compliance methods, and for preservation reviewers about the compatibility of the proposed changes.

For U.S. projects, the most important early decision is not which ramp or lift to buy. It is how to establish the applicable rules, identify what must be preserved, and compare feasible access and use options with the officials and specialists who will review them. NPS’s Codes and Regulatory Requirements for Rehabilitating Historic Buildings and its 2017 Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings provide general planning guidance; neither replaces a project-specific determination by the appropriate authorities.

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