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