Rehabbing a building with a dead elevator

[Mike A.]

We have acquired another building that is mixed use.  It was an old law firm on the first floor, and the three floors above it are just empty office space. It also has an elevator that hasn't been working for decades. At least 20+ years. It's an old Otis elevator that was run by rope pulleys. I am arguing with the architect that we're grandfathered in and we shouldn't have to replace or repair it since it hasn't been operable in many decades. He is saying that since we're doing so much work, changing it from an 100% office to an office with three levels of res. apts that we'd have to do so, but he's going to look into the code on it.

Anyone dealt with issues like this? We already own the building for the last few months. We're getting the plans together for the city to receive approval for the conversion. However, this elevator can be an expensive fix. I'd say it may have worked back in the 60's or 70's. Local elevator companies in the area where the building is located has quoted 50k - 100k to repair.

Open to ideas and suggestions. I'd rather just convert to stairs.

[Jared W Smith]

Location of property? @Mike A. 

Typically there is no grandfathering when you are doing any major upgrades, conversions or anything that changes the occupancy/use of the property. You are absolutely changing from commercial to mixed use. Your architect is correct. 

The better question is why you are arguing with your architect? You hired him/her for their expertise and knowledge of design, codes, building and construction. If you have a trusted relationship and has given you no reason to be skeptical of their word, then let him guide you. Project Cost are always going to be a factor, however your architect did not write the codes or law, they're just following them. In future befriend/retain an Architect early in the buying process to field questions to. If you had come to me with your plan for this property before purchasing, I would have immediately told you there is no gandfathering and the existing elevator would need to be addressed in your rehab plans. 

Jared Smith, RA  

Disclaimer: I am an architect, but I am not YOUR architect. I am not giving professional advice only general information. Contact a local architect/engineer for a detailed consultation specific to your project/locale.