Senate Bill S2607

2009-2010 Legislative Session

Mandates bathroom facilities in parking lots associated with structures having a seating capacity of six thousand or more

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Feb 25, 2009	referred to consumer protection

co-Sponsors

2009-S2607 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-q, Gen Bus L

2009-S2607 (ACTIVE) - Summary

Mandates bathroom facilities in parking lots associated with structures having a seating capacity of six thousand or more; entertainment or sporting facilities; at least six water closets for women and at least three for men for every 450 parking spaces; additional water closets required for each additional 200 parking spaces

2009-S2607 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2607

 TITLE OF BILL :

An act to amend the general business law, in relation to mandating
bathroom facilities in parking lots associated with structures having
a seating capacity of six thousand or more


 PURPOSE :

To enact statutory protections to provide the public with secure
lavatory facilities in parking lots when attending functions at large
arenas or other structures located anywhere in New York State with a
seating capacity of six thousand or more.

 SUMMARY OF PROVISIONS :

Section one of the bill amends the General Business Law to add a new
§391-q pertaining to bathroom facilities in parking lots. It defines a
parking lot to mean any lot associated with a theater, stadium, arena
or other place where performances, concerts, athletic games or
contests are held with a seating capacity of six thousand or more. It
provides that parking lots covered by this legislation shall provide a
bathroom facility for members of the public frequenting the place of
business associated with the lot and in particular there shall be

three water closets for men and six water closets for women for every
four hundred fifty spaces. There must also be one additional water
closet for men and two additional water closets for women for every
additional two hundred spaces.

Requirements of this legislation may be waived by the Commissioner of
the Office of General Services upon a showing that strict compliance
would be physically or legally impossible or would be unnecessary in
the light of certain proposed alternatives which would achieve the
intended objective more efficiently, effectively or economically.
However, such alternatives may not include indoor bathroom facilities
within the place of business itself Applications for waiver may be
made to the Commissioner in writing and decisions rendered thereon
within sixty days of receipt. The Commissioner may also allow the use
of portable toilets in place of a stationery building with the
required number of water closets under limited circumstances for a
defined period of time.

Section two of the bill specifies the effective date of the bill.

 JUSTIFICATION :

Clean public rest rooms in New York are often few and far between.
Rest room availability and accessibility protects the health and
welfare of the general public, reduces the spread of disease and
improves the viability of our communities. The need for safe, clean
public bathroom facilities is a significant quality of life issue. How
much more critical is providing such facilities in the parking lots of
concert, sport or theater venues where large numbers of the public
gather for major events. Convenient access and the availability of
secure sanitary facilities in the parking lots of structures having
seating capacities of six thousand or more as proposed by this
legislation will further the public good and general welfare of
society. It will help avoid the serious health conditions which arise
today at these venues when the only available rest room may be inside
the facility at an extended distance from the parking lot and lacking
in easy access for the disabled and others. Requiring convenient and
accessible lavatory facilities in certain large parking lots will be
an assist to patrons of these venues and will make their experiences
more enjoyable. It will also avoid the very serious health issues
which arise when persons are forced to postpone going to the bathroom
for an extended period of time. This bill goes a long way toward
protecting the health of New Yorkers and others when attending public
events in large venues.

 LEGISLATIVE HISTORY :

2007-08: Senate Consumer Protection Committee

 FISCAL IMPLICATIONS :

Undetermined.

 LOCAL FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act takes effect the first day of July next succeeding the date
on which it shall have become law. Effective immediately the
Commissioner of the Office of General Services is authorized and
directed to make any addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date.

2009-S2607 (ACTIVE) - Bill Text download pdf

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

                                  2607

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sens.  FLANAGAN,  DeFRANCISCO,  HANNON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Consumer Protection

AN ACT to amend the general business law, in relation to mandating bath-
  room  facilities  in  parking lots associated with structures having a
  seating capacity of six thousand or more

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

  Section 1. The general business law is amended by adding a new section
391-q to read as follows:
  S 391-Q.  BATHROOM FACILITIES IN PARKING LOTS. 1. FOR PURPOSES OF THIS
SECTION:
  (A) "PARKING LOT" SHALL MEAN ANY LOT ASSOCIATED WITH A THEATER, STADI-
UM, ARENA OR OTHER PLACE WHERE PERFORMANCES, CONCERTS, ATHLETIC GAMES OR
CONTESTS ARE HELD WITH A  SEATING CAPACITY OF SIX THOUSAND OR MORE,
  (B) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF GENER-
AL SERVICES.
  2. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL PARK-
ING  LOTS SHALL  PROVIDE A BATHROOM FACILITY FOR INDIVIDUALS FREQUENTING
THE PLACE OF BUSINESS ASSOCIATED WITH SUCH LOT.
  (B) THERE SHALL BE AT LEAST THREE WATER CLOSETS FOR MEN AND SIX  WATER
CLOSETS FOR WOMEN FOR EVERY FOUR HUNDRED FIFTY PARKING SPACES.
  (C)  THERE  SHALL BE ONE ADDITIONAL WATER CLOSET FOR MEN AND TWO ADDI-
TIONAL WATER CLOSETS FOR WOMEN FOR EVERY ADDITIONAL TWO HUNDRED  PARKING
SPACES.
  (D)  URINALS MAY BE PROVIDED IN BATHROOMS IN LIEU OF WATER CLOSETS FOR
MEN, BUT THE NUMBER SHALL NOT  EXCEED  FIFTY  PERCENT  OF  THE  REQUIRED
NUMBER OF WATER CLOSETS.
  3.  (A) THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF SUBDIVISION TWO
OF THIS SECTION, PROVIDED, HOWEVER, THAT SUCH WAIVER  IS  BASED  UPON  A
SPECIFIC  FINDING  THAT STRICT  COMPLIANCE WITH THESE REQUIREMENTS WOULD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02000-01-9

S. 2607                             2

BE PHYSICALLY OR LEGALLY IMPOSSIBLE OR WOULD BE UNNECESSARY IN LIGHT  OF
ALTERNATIVES  WHICH INSURE THE ACHIEVEMENT OF THE INTENDED  OBJECTIVE OR
WHICH ACHIEVE THE INTENDED OBJECTIVE MORE  EFFICIENTLY,  EFFECTIVELY  OR
ECONOMICALLY. ALTERNATIVES SHALL NOT INCLUDE BATHROOM FACILITIES LOCATED
INSIDE THE PLACE OF BUSINESS ASSOCIATED WITH THE PARKING LOT.
  (B) EACH APPLICATION FOR A WAIVER UNDER PARAGRAPH (A) OF THIS SUBDIVI-
SION  SHALL BE   MADE TO THE COMMISSIONER IN WRITING, SETTING FORTH EACH
REQUIREMENT SOUGHT TO BE WAIVED   AND THE  SPECIFIC  REASON  OR  REASONS
THEREFOR.  THE  COMMISSIONER  SHALL  DETERMINE, UNDER ALL OF THE CIRCUM-
STANCES PRESENTED BY SUCH APPLICATION, WHICH OF  SUCH  REQUIREMENTS  MAY
APPROPRIATELY  BE  WAIVED.  THE  COMMISSIONER SHALL RENDER SUCH DETERMI-
NATION IN WRITING WITHIN SIXTY DAYS OF RECEIPT OF THE APPLICATION, WHICH
SHALL SET FORTH IN DETAIL THE COMMISSIONER'S  FINDINGS  AND  CONCLUSIONS
WITH  RESPECT  TO  EACH  REQUIREMENT SOUGHT TO BE WAIVED. A COPY OF SUCH
WRITTEN DETERMINATION SHALL BE FORWARDED TO THE APPLICANT. SUCH  WRITTEN
DETERMINATION  SHALL BE FILED WITH THE DEPARTMENT AND SHALL BE AVAILABLE
FOR PUBLIC INSPECTION.
  (C) THE COMMISSIONER MAY ALLOW THE USE OF PORTABLE TOILET  SYSTEMS  IN
PLACE  OF  A STATIONARY BUILDING WITH THE REQUIRED NUMBER OF WATER CLOS-
ETS, BUT ONLY IN LIMITED  CIRCUMSTANCES AND FOR A SPECIFIED DURATION  OF
TIME.
  S  2. This act shall take effect the first of July next succeeding the
date on which it shall have become a  law.  Effective  immediately,  the
commissioner  of  the  office  of  general  services  is  authorized and
directed to make any addition, amendment and/or repeal of  any  rule  or
regulation necessary for the implementation of this act on its effective
date.

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Senate Bill S2607

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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co-Sponsors

2009-S2607 (ACTIVE) - Details

2009-S2607 (ACTIVE) - Summary

2009-S2607 (ACTIVE) - Sponsor Memo

2009-S2607 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

co-Sponsors

John A. DeFrancisco

Kemp Hannon

2009-S2607 (ACTIVE) - Details

2009-S2607 (ACTIVE) - Summary

2009-S2607 (ACTIVE) - Sponsor Memo

2009-S2607 (ACTIVE) - Bill Text download pdf

Comments