S T A T E O F N E W Y O R K
________________________________________________________________________
6424--A
2009-2010 Regular Sessions
I N A S S E M B L Y
March 3, 2009
___________
Introduced by M. of A. COOK -- Multi-Sponsored by -- M. of A. BOYLAND,
PHEFFER -- read once and referred to the Committee on Governmental
Operations -- recommitted to the Committee on Governmental Operations
in accordance with Assembly Rule 3, sec. 2 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the executive law, in relation to standards for the
number of water closets in certain places of public assembly and
increases the number of water closets for women
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 378-a
to read as follows:
S 378-A. STANDARDS FOR WATER CLOSETS IN CERTAIN PLACES OF PUBLIC
ASSEMBLY. 1. NOTWITHSTANDING ANY RULE, REGULATION OR LAW TO THE CONTRA-
RY, STANDARDS FOR WATER CLOSETS IN THE BUILDINGS CONTAINING AREAS OF
PUBLIC ASSEMBLY ENUMERATED IN THIS SECTION SHALL BE AS STATED IN THIS
SECTION.
2. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY ARENA, AUDITORI-
UM, BUILDING WHERE ALCOHOLIC BEVERAGES ARE SOLD AND CONSUMED, MEETING
HALL, MOTION PICTURE THEATRE, PUBLIC DANCE HALL, STADIUM, OR THEATRE IN
THE FOLLOWING BUILDINGS OR SPACES:
A. NEW BUILDINGS OR SPACES;
B. EXISTING BUILDINGS OR SPACES THAT ARE ALTERED WHERE THE COST OF
MAKING ALTERATIONS IN ANY TWELVE-MONTH PERIOD SHALL EXCEED THIRTY
PERCENT OF THE VALUE OF THE BUILDING OR SPACE; AND
C. EXISTING BUILDINGS OR SPACES THAT ARE ALTERED WHERE THE ALTERATION
OF THE BUILDING OR SPACE RESULTS IN A CHANGE IN THE OCCUPANCY GROUP
CLASSIFICATION OF THE BUILDING OR SPACE UNDER THE PROVISIONS OF THE
BUILDING CODES APPLICABLE IN THE STATE OF NEW YORK.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01281-03-0
A. 6424--A 2
3. BY JANUARY FIRST, TWO THOUSAND ELEVEN, ANY ARENA, AUDITORIUM,
BUILDING WHERE ALCOHOLIC BEVERAGES ARE SOLD AND CONSUMED, MEETING HALL,
MOTION PICTURE THEATRE, PUBLIC DANCE HALL, STADIUM, OR THEATRE NOT
SUBJECT TO SUBDIVISION TWO OF THIS SECTION SHALL RE-DESIGNATE EXISTING
BATHROOMS FOR THE USE BY PERSONS OF ONE SEX TO THE OTHER, IF MORE THAN
TWO BATHROOMS EXIST IN SUCH FACILITY, AND IF DOING SO WOULD PRODUCE A
RATIO OF WATER CLOSETS DESIGNATED FOR THE USE OF WOMEN AND MEN THAT MORE
CLOSELY APPROXIMATES THE RATIO OF WOMENS' TO MENS' WATER CLOSETS
REQUIRED UNDER SUBDIVISION FOUR OF THIS SECTION.
4. A. THE MINIMUM REQUIREMENT FOR THE NUMBER OF WATER CLOSETS PURSUANT
TO THIS SECTION FOR ANY ARENA, AUDITORIUM, BUILDING WHERE ALCOHOLIC
BEVERAGES ARE SOLD AND CONSUMED, MEETING HALL, MOTION PICTURE THEATRE,
PUBLIC DANCE HALL, STADIUM, OR THEATRE SHALL BE AS LISTED IN TABLE 1.
TABLE 1
NUMBER OF PERSONS NUMBER OF WATER CLOSETS NUMBER OF WATER CLOSETS
FOR MEN FOR WOMEN
1-150 1 2
151-300 2 4
301-450 3 6
FOR OCCUPANCY BY MORE THAN FOUR HUNDRED FIFTY PERSONS, THERE SHALL BE
ONE WATER CLOSET FOR MEN AND TWO WATER CLOSETS FOR WOMEN FOR EACH ADDI-
TIONAL THREE HUNDRED PERSONS. THE POPULATION USED TO DETERMINE THE
NUMBER OF WATER CLOSETS REQUIRED SHALL BE BASED ON THE NUMBER OF PEOPLE
TO OCCUPY THE SPACE; PROVIDED, HOWEVER, THAT IN NO CASE SHALL THE POPU-
LATION BE DEEMED LESS THAN THAT DETERMINED BY ALLOWING ONE HUNDRED TWEN-
TY-FIVE SQUARE FEET OF FLOOR AREA PER PERSON.
B. URINALS MAY BE PROVIDED IN BATHROOMS IN LIEU OF WATER CLOSETS BUT
THE NUMBER SHALL NOT EXCEED FIFTY PERCENT OF THE REQUIRED NUMBER OF
SANITARY FIXTURES.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided that the secretary of state is immediately
authorized and directed to promulgate, amend and/or repeal any rules and
regulations necessary to implement the provisions of this act on its
effective date.