S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5986

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the executive law, in relation to sanitary facilities in
  certain buildings for public assembly

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph e of subdivision 4 of section 378 of  the  execu-
tive  law,  as  added  by chapter 270 of the laws of 1989, is amended to
read as follows:
  e. (I) for buildings included in group C5 of paragraph (f) of  section
900.2  of  title  nine  of  the official compilation of codes, rules and
regulations of the state of New York, that  water  closets  and  urinals
provided  for  occupants,  based upon capacity, shall be deemed sanitary
fixtures and shall be distributed on a basis such  that  the  number  of
such  sanitary  fixtures  provided  in  rest facilities for men shall be
equal to the  number  of  water  closets  provided  in  rest  facilities
provided  for  women  in  buildings with an occupancy of four hundred or
less. For buildings consisting of more than four hundred  occupants,  an
additional  water  closet shall be added to a rest facility provided for
women for each sanitary fixture  added  to  a  similarly  situated  rest
facility provided for men.
  (II)  ON  AND  AFTER  THE  EFFECTIVE  DATE  OF THIS SUBPARAGRAPH, WITH
RESPECT TO ALL BUILDINGS SUBJECT TO THE PROVISIONS OF  SUBPARAGRAPH  (I)
OF THIS PARAGRAPH AND FURTHER SUBCLASSIFIED BY SUCH OFFICIAL COMPILATION
AS C5.2 OR C5.3 AND ANY APPURTENANCES THERETO:
  (A)  FOR ANY BUILDING NEWLY  CONSTRUCTED, SEVENTY PERCENT OF THE TOTAL
NUMBER OF SANITARY FIXTURES PROVIDED SHALL BE PROVIDED IN  REST  FACILI-
TIES FOR WOMEN;
  (B)  WITH  RESPECT  TO ANY BUILDING NOT IN COMPLIANCE WITH THE SEVENTY
PERCENT REQUIREMENT PURSUANT TO CLAUSE (A)  OF  THIS  SUBPARAGRAPH,  THE
OWNER  OR OPERATOR OF SUCH BUILDING SHALL, AT ANY TIME DURING THE PUBLIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09522-01-9
              

A. 5986                             2

OCCUPANCY OF SUCH BUILDING WHEN AN INTERMISSION IS IN PROGRESS, REDESIG-
NATE REST FACILITY ROOMS PROVIDED FOR MEN AS REST FACILITY    ROOMS  FOR
WOMEN  TO  SUCH EXTENT AS WILL ALLOCATE APPROXIMATELY SEVENTY PERCENT OF
THE  SANITARY  FIXTURES  FOR WOMEN. THE ADMINISTRATOR MAY GRANT A WAIVER
FROM THE APPLICATION OF THIS CLAUSE, PROVIDED THAT PRIOR TO THE GRANTING
OF ANY SUCH WAIVER THE APPLICANT FOR A WAIVER SHALL ESTABLISH THAT:  (1)
COMPLIANCE  WITH  THE PROVISIONS OF THIS CLAUSE WOULD CAUSE UNDUE FINAN-
CIAL HARDSHIP; OR (2) OTHER FACTORS, INCLUDING BUT NOT  LIMITED  TO  THE
PHYSICAL  LAYOUT,  EXIST  WHICH WOULD RENDER STRICT COMPLIANCE UNREASON-
ABLE.
  S 2. This act shall take effect on the first of June  next  succeeding
the date on which it shall have become a law.