S T A T E O F N E W Y O R K
________________________________________________________________________
3695
2011-2012 Regular Sessions
I N A S S E M B L Y
January 26, 2011
___________
Introduced by M. of A. J. 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.
LBD08170-01-1
A. 3695 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.