NY State Senate Bill 2011-S429A

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	committee discharged and committed to rules
Feb 21, 2012	notice of committee consideration - requested
Jan 04, 2012	referred to judiciary
May 17, 2011	print number 429a
May 17, 2011	amend and recommit to finance
Mar 01, 2011	reported and committed to finance
Jan 05, 2011	referred to judiciary

Votes

- Mar 1, 2011 - Judiciary Committee Vote
  S429A
  
  Aye
  
  19
  
  Nay
  
  2
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Judiciary Committee Vote: Mar 1, 2011
      
      aye (19)
      
      Adams
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      O'Mara
      
      Perkins
      
      Saland
      
      Serrano
      
      Squadron
      
      Stavisky
      
      nay (2)
      
      Little
      
      Ranzenhofer
      
      aye wr (2)
      
      Nozzolio
      
      Zeldin

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S429 - Details

See Assembly Version of this Bill:: A1918
Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Add Art 15 §§480 - 484, RP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8150, A9409
2013-2014: S3160, A5398, A5068
2015-2016: S4597, A6402
2017-2018: S3315, A1023
2019-2020: S2718, A1588
2021-2022: S942, A2247
2023-2024: S763, A1625
2025-2026: S656, A10844

2011-S429 - Summary

Requires access to new homes by persons with disabilities.

2011-S429 - Sponsor Memo

                                BILL NUMBER:S429

TITLE OF BILL:
An act
to amend the real property law, in relation to the visitability of new
homes by persons with disabilities

PURPOSE:
The purpose of this article is to establish minimum regulations for
the design and construction of new single family homes, townhouses or
the ground unit of a building with three or fewer dwellings units by
builders who receive state or federal funds and subsidies to provide
for the occupancy and 'visitability' for and by person with
disabilities.

SUMMARY OF PROVISIONS:
The real property law is amended by adding a new Article 15:
"Visitability" of New Construction.

The article establishes minimum standards for the accessibility by the
mobility impaired 1) from the public street or driveway to the
exterior door of a dwelling, 2) interior doors, 3) environmental
controls, 4) habitable space and 5) interior bathroom requirements.

The article also has an enforcement/penalty clause of not less than
fifty and not more than five hundred dollars for each offense and for

each day the violation continues to occur.

* Amendment: to include height and dimensions omitted from original
draft and enforcement provisions.

JUSTIFICATION:
The availability of accessible, affordable and integrated housing
opportunities for people with disabilities is critical to sustaining
fully independent lives in their communities.

"Visitability" is a movement to change home construction practices so
that new homes offer a few specific features that would make it
easier for people with a mobility impairment to occupy and visit. The
spirit of "Visitability" is the belief that it is unacceptable that
new homes continue to be built with gross barriers, given the ease of
building basic access into the majority of new homes and the harsh
effects major barriers have on people's lives, including physically
unsafe conditions, social isolation and unwanted institutionalization.

FISCAL IMPLICATIONS:
None.

PRIOR LEGISLATIVE HISTORY:
2010:     S.8150/A.9409A
2009-10:  S.1499
2008:     S.7193A/A.6837B

EFFECTIVE DATE:


One hundred eightieth day after it shall have become a law and shall
apply to dwelling units for which construction shall begin on or
after such date.

2011-S429 - Bill Text download pdf

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

                                   429

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. KRUEGER, VALESKY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation to  the  visitability
  of new homes by persons with disabilities

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

  Section 1. The real property law is amended by adding a new article 15
to read as follows:
                               ARTICLE 15
                    VISITABILITY OF NEW CONSTRUCTION
SECTION 480. PURPOSE.
        481. APPLICABILITY OF NEW CONSTRUCTION.
        482. VISITABILITY REQUIREMENT.
        483. EXCLUSION.
        484. ENFORCEMENT.
  S 480. PURPOSE. THE PURPOSE OF THIS ARTICLE IS  TO  ESTABLISH  MINIMUM
REGULATIONS  FOR  THE  DESIGN  AND  CONSTRUCTION OF NEW HOMES TO PROVIDE
VISITABILITY TO SUCH HOMES BY PERSONS WITH DISABILITIES.
  S 481. APPLICABILITY OF NEW CONSTRUCTION. ANY NEW DWELLING UNIT  WHICH
WAS  DESIGNED,  CONSTRUCTED,  OR  COMMISSIONED,  CONTRACTED OR OTHERWISE
ARRANGED FOR DESIGN OR CONSTRUCTION, BY ANY PERSON OR ENTITY WHO, AT ANY
TIME DURING THE COMMISSIONING DESIGN OR CONSTRUCTION, RECEIVED NEW  YORK
STATE  OR  FEDERAL  FINANCIAL ASSISTANCE FOR SUCH DESIGN OR CONSTRUCTION
SHALL COMPLY WITH THE PROVISIONS OF THIS  ARTICLE.    FEDERAL  FINANCIAL
ASSISTANCE  SHALL  NOT INCLUDE LOANS BACKED BY FEDERAL NATIONAL MORTGAGE
ASSOCIATION (FANNIE MAE) OR FEDERAL HOUSING ADMINISTRATION (FHA) FINANC-
ING OR OTHER MORTGAGE LOANS BACKED BY A FEDERAL MORTGAGE  LOAN  PROGRAM.
FOR  PURPOSES  OF  THIS  SECTION,  THE TERM "DWELLING UNIT" SHALL MEAN A
DETACHED SINGLE FAMILY HOME, A GROUND FLOOR UNIT IN A TOWN HOUSE,  OR  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00729-01-1

S. 429                              2

GROUND  FLOOR  UNIT IN A BUILDING OF THREE OR FEWER DWELLING UNITS WHICH
IS DESIGNED AS, OR INTENDED FOR OCCUPANCY AS A RESIDENCE.
  S  482. VISITABILITY REQUIREMENT. THE DESIGN AND CONSTRUCTION OF A NEW
DWELLING UNIT SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
  1. ACCESSIBLE ENTRANCE. (A) EXCEPT AS PROVIDED  IN  PARAGRAPH  (B)  OF
THIS  SUBDIVISION,  THE GROUND LEVEL OF SUCH DWELLING UNIT SHALL CONTAIN
AT LEAST ONE ENTRANCE TO THE DWELLING UNIT THAT:
  (I) IS ACCESSIBLE TO, AND USABLE BY,  PEOPLE  WITH  DISABILITIES  SUCH
THAT ALL ROOMS ON THE LEVEL ARE CONNECTED BY AN ACCESSIBLE ROUTE;
  (II)  DOES  NOT  CONTAIN  ANY STEPS OR ANY DOOR THRESHOLD THAT EXCEEDS
ONE-HALF INCH IN HEIGHT; AND
  (III) IS LOCATED ON A CONTINUOUS UNOBSTRUCTED  PATH  FROM  THE  PUBLIC
STREET  OR  DRIVEWAY  THAT SERVES THE UNIT, WHICH PATH AT NO POINT HAS A
SLOPE EXCEEDING ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH,  HAS
A  WIDTH  OF  NOT  LESS THAN THIRTY-SIX INCHES AND HAS A CROSS SLOPE NOT
GREATER THAN TWO PERCENT OF THE WIDTH. SUCH UNOBSTRUCTED PATH  SHALL  BE
ABLE  TO  BE  NEGOTIATED BY A PERSON AND MAY INCLUDE CURB RAMPS, PARKING
ACCESS AISLES, WALKS, AND RAMPS.
  (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY TO A DWELLING UNIT IF:
  (I)  THE  FINISHED  GRADE  OF  THE SITE IS TOO STEEP TO PROVIDE A PATH
HAVING A SLOPE OF ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH  AT
THE FRONT, SIDE, OR BACK OF THE UNIT;
  (II) THERE IS NO DRIVEWAY SERVING THE UNIT; AND
  (III)  THERE IS NO ALLEY OR OTHER ROADWAY CAPABLE OF PROVIDING VEHICU-
LAR ACCESS TO THE REAR OR SIDE OF THE UNIT.
  2. ACCESSIBLE INTERIOR DOORS. ALL DOORS THAT  ARE  DESIGNED  TO  ALLOW
PASSAGE  WITHIN  THE  GROUND  LEVEL  OF SUCH DWELLING UNIT SHALL HAVE AN
UNOBSTRUCTED OPENING OF AT LEAST THIRTY-SIX INCHES WHEN THE DOOR IS OPEN
AT A NINETY-DEGREE ANGLE.
  3. ACCESSIBLE ENVIRONMENTAL CONTROLS. ALL ENVIRONMENTAL  CONTROLS  AND
OUTLETS  LOCATED  ON  THE  GROUND  LEVEL  OF SUCH DWELLING UNIT SHALL BE
LOCATED ON  THE  WALL  AT  LEAST  FIFTEEN  INCHES,  BUT  NOT  MORE  THAN
FORTY-EIGHT  INCHES,  ABOVE  THE  FLOOR OR, IN THE CASE OF ENVIRONMENTAL
CONTROLS AND OUTLETS LOCATED DIRECTLY ABOVE A COUNTER, SINK,  OR  APPLI-
ANCE, NOT MORE THAN THREE INCHES ABOVE SUCH COUNTER, SINK, OR APPLIANCE.
  4.  ACCESSIBLE  HABITABLE SPACE AND BATHROOM. THE GROUND LEVEL OF SUCH
DWELLING UNIT SHALL CONTAIN THE FOLLOWING:
  (A) AT LEAST ONE INDOOR ROOM THAT HAS AN AREA OF NOT LESS THAN SEVENTY
SQUARE FEET AND CONTAINS NO SIDE OR DIMENSION NARROWER THAN SEVEN  FEET;
AND
  (B) AT LEAST ONE BATHROOM THAT CONTAINS, AT A MINIMUM, THE FOLLOWING:
  (I)  CLEAR FLOOR SPACE OF THIRTY BY FORTY-EIGHT INCHES CENTERED ON AND
CONTIGUOUS TO THE SINK, WHICH IS NOT ENCROACHED BY THE SWING PATH OF THE
BATHROOM DOOR;
  (II) A SINK AND A TOILET THAT EACH ALLOW FOR  A  PARALLEL  OR  HEAD-ON
APPROACH BY A PERSON IN A WHEELCHAIR; AND
  (III)  WALLS THAT ARE REINFORCED TO BE CAPABLE OF SUPPORTING GRAB BARS
THAT RESIST SHEAR AND BENDING FORCES OF A MINIMUM OF TWO  HUNDRED  FIFTY
POUNDS, AS FOLLOWS:
  (A)  ALL  WALLS  ADJACENT  TO THE TOILET SHALL HAVE HORIZONTAL BACKING
REINFORCEMENTS, EACH AT LEAST THIRTY-THREE INCHES,  BUT  NOT  MORE  THAN
THIRTY-SIX  INCHES, ABOVE THE FLOOR, AND SUFFICIENT TO ALLOW FOR A TWEN-
TY-FOUR-INCH GRAB  BAR  ON  THE  WALL  BEHIND  THE  TOILET  AND  ANOTHER
FORTY-TWO-INCH  GRAB  BAR  ON  ONE  OR  THE  OTHER WALLS ADJACENT TO THE
TOILET.

S. 429                              3

  (B) IF A BATHTUB IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
INCLUDE:
  (I)  TWO  BACKING REINFORCEMENTS ON THE BACK WALL OF THE BATHTUB, EACH
AT LEAST TWENTY-FOUR INCHES LONG, AT LEAST TWENTY INCHES  WIDE  AND  NOT
MORE  THAN  TWENTY-FOUR  INCHES FROM THE HEAD END WALL AND NOT MORE THAN
TWELVE INCHES FROM THE FOOT END WALL, ONE IN A  HORIZONTAL  POSITION  AT
LEAST  THIRTY-THREE  INCHES,  BUT NOT MORE THAN THIRTY-SIX INCHES, ABOVE
THE FLOOR, AND ONE NINE INCHES ABOVE THE RIM OF THE BATHTUB;
  (II) ONE BACKING REINFORCEMENT ON THE FOOT END WALL OF THE BATHTUB, AT
LEAST TWENTY INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE AND  LOCATED  AT
THE FRONT EDGE OF THE BATHTUB; AND
  (III)  ONE  BACKING REINFORCEMENT ON THE HEAD END WALL OF THE BATHTUB,
AT LEAST TWELVE INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE  AND  LOCATED
AT THE FRONT EDGE OF THE BATHTUB.
  (C)  IF A SHOWER IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
INCLUDE BACKING REINFORCEMENTS ON  AT  LEAST  TWO  WALLS  ON  WHICH  THE
CONTROL  VALVES  ARE  NOT  LOCATED,  EACH CENTERED AT LEAST THIRTY-THREE
INCHES, BUT NOT MORE THAN THIRTY-SIX INCHES,  ABOVE  THE  FLOOR  AND  AT
LEAST EIGHTEEN INCHES WIDE.
  S 483. EXCLUSION. THIS ARTICLE SHALL NOT APPLY TO SITES WHOSE PHYSICAL
CHARACTERISTICS RENDERS COMPLIANCE WITH THIS ARTICLE UNREASONABLE.
  S  484. ENFORCEMENT. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP OR ANY
OTHER BUSINESS ENTITY THAT VIOLATES ANY PROVISION OF THIS ARTICLE  SHALL
BE  SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN FIFTY NOR MORE THAN FIVE
HUNDRED DOLLARS FOR EACH  SUCH  OFFENSE  AND  EACH  DAY  ON  WHICH  SUCH
VIOLATION OCCURS OR CONTINUES TO OCCUR SHALL BE A SEPARATE OFFENSE.  ANY
VIOLATION  OF  THIS ARTICLE SHALL BE ENFORCEABLE BY THE ATTORNEY GENERAL
AND ANY AGGRIEVED PARTY, AND ANY SUCH PARTY SHALL HAVE THE RIGHT TO SEEK
LEGAL AND EQUITABLE RELIEF AND THE COURT MAY AWARD REASONABLE COSTS  AND
ATTORNEY'S FEES ASSOCIATED WITH SUCH ACTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law  and  shall  apply to dwelling units the
construction of which begins on or after such date.

co-Sponsors

2011-S429A (ACTIVE) - Details

See Assembly Version of this Bill:: A1918
Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Add Art 15 §§480 - 484, RP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8150, A9409
2013-2014: S3160, A5398, A5068
2015-2016: S4597, A6402
2017-2018: S3315, A1023
2019-2020: S2718, A1588
2021-2022: S942, A2247
2023-2024: S763, A1625
2025-2026: S656, A10844

2011-S429A (ACTIVE) - Summary

Requires access to new homes by persons with disabilities.

2011-S429A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S429A

TITLE OF BILL:
An act
to amend the real property law, in relation to the visitability of new
homes by persons with disabilities

PURPOSE:
The purpose of this article is to establish minimum regulations for
the design and construction of new single family homes, townhouses or
the ground unit of a building with three or fewer dwellings units by
builders who receive state or federal funds and subsidies to provide
for the occupancy and 'visitability' for and by person with
disabilities.

SUMMARY OF PROVISIONS:
The real property law is amended by adding a new Article 15:
"Visitability" of New Construction.

The article establishes minimum standards for the accessibility by the
mobility impaired 1) from the public street or driveway to the
exterior door of a dwelling, 2) interior doors, 3) environmental
controls, 4) habitable space and 5) interior bathroom requirements.

The article also has an enforcement/penalty clause of not less than
fifty and not more t:han five hundred dollars for each offense and

for each day the violation continues to occur.

* Amendment: to include height and dimensions omitted from original
draft and enforcement provisions.

JUSTIFICATION:
The availability of accessible, affordable and integrated housing
opportunities for people with disabilities is critical to sustaining
fully independent lives in their communities.

"Visitability" is a movement to change home construction practices so
that new homes offer a few specific features that would make it
easier for people with a mobility impairment to occupy and visit. The
spirit of "Visitability" is the belief that it is unacceptable that
new homes continue to be built with gross barriers, given the ease of
building basic access into the majority of new homes and the harsh
effects major barriers have on people's lives, including physically
unsafe conditions, social isolation and unwanted institutionalization.

FISCAL IMPLICATIONS:
None.

PRIOR LEGISLATIVE HISTORY:
2010:    S.8150/A.9409A
2009-10: S.1499
2008:    S.7193A/A.6837B

EFFECTIVE DATE:


One hundred eightieth day after it shall have become a law and shall
apply to dwelling units for which construction shall begin on or
after such date.

2011-S429A (ACTIVE) - Bill Text download pdf

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

                                 429--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. KRUEGER, ADDABBO, DUANE, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary  --  reported favorably from said committee and committed to
  the Committee  on  Finance  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the real property law, in relation to the visitability
  of new homes by persons with disabilities

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

  Section 1. The real property law is amended by adding a new article 15
to read as follows:
                               ARTICLE 15
                    VISITABILITY OF NEW CONSTRUCTION
SECTION 480. PURPOSE.
        481. APPLICABILITY OF NEW CONSTRUCTION.
        482. VISITABILITY REQUIREMENT.
        483. EXCLUSION.
        484. ENFORCEMENT.
  S  480.  PURPOSE.  THE PURPOSE OF THIS ARTICLE IS TO ESTABLISH MINIMUM
REGULATIONS FOR THE DESIGN AND CONSTRUCTION  OF  NEW  HOMES  TO  PROVIDE
VISITABILITY TO SUCH HOMES BY PERSONS WITH DISABILITIES.
  S  481. APPLICABILITY OF NEW CONSTRUCTION. ANY NEW DWELLING UNIT WHICH
WAS DESIGNED, CONSTRUCTED,  OR  COMMISSIONED,  CONTRACTED  OR  OTHERWISE
ARRANGED FOR DESIGN OR CONSTRUCTION, BY ANY PERSON OR ENTITY WHO, AT ANY
TIME  DURING THE COMMISSIONING DESIGN OR CONSTRUCTION, RECEIVED NEW YORK
STATE OR FEDERAL FINANCIAL ASSISTANCE FOR SUCH  DESIGN  OR  CONSTRUCTION
SHALL  COMPLY  WITH  THE  PROVISIONS  OF THIS ARTICLE.   STATE FINANCIAL
ASSISTANCE SHALL NOT INCLUDE LOANS BACKED BY THE STATE OF NEW YORK MORT-
GAGE AGENCY (SONYMA).  FEDERAL FINANCIAL ASSISTANCE  SHALL  NOT  INCLUDE
LOANS  BACKED  BY  FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE) OR

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

                                                           LBD00729-03-1

S. 429--A                           2

FEDERAL HOUSING ADMINISTRATION (FHA) FINANCING OR OTHER  MORTGAGE  LOANS
BACKED  BY  A  FEDERAL  MORTGAGE  LOAN  PROGRAM.    FOR PURPOSES OF THIS
SECTION, THE TERM "DWELLING UNIT" SHALL MEAN A  DETACHED  SINGLE  FAMILY
HOME,  A  GROUND FLOOR UNIT IN A TOWN HOUSE, OR A GROUND FLOOR UNIT IN A
BUILDING OF THREE OR FEWER DWELLING  UNITS  WHICH  IS  DESIGNED  AS,  OR
INTENDED FOR OCCUPANCY AS A RESIDENCE.
  S  482. VISITABILITY REQUIREMENT. THE DESIGN AND CONSTRUCTION OF A NEW
DWELLING UNIT SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
  1. ACCESSIBLE ENTRANCE. (A) EXCEPT AS PROVIDED  IN  PARAGRAPH  (B)  OF
THIS  SUBDIVISION,  THE GROUND LEVEL OF SUCH DWELLING UNIT SHALL CONTAIN
AT LEAST ONE ENTRANCE TO THE DWELLING UNIT THAT:
  (I) IS ACCESSIBLE TO, AND USABLE BY,  PEOPLE  WITH  DISABILITIES  SUCH
THAT ALL ROOMS ON THE LEVEL ARE CONNECTED BY AN ACCESSIBLE ROUTE;
  (II)  DOES  NOT  CONTAIN  ANY STEPS OR ANY DOOR THRESHOLD THAT EXCEEDS
ONE-HALF INCH IN HEIGHT; AND
  (III) IS LOCATED ON A CONTINUOUS UNOBSTRUCTED  PATH  FROM  THE  PUBLIC
STREET  OR  DRIVEWAY  THAT SERVES THE UNIT, WHICH PATH AT NO POINT HAS A
SLOPE EXCEEDING ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH,  HAS
A  WIDTH  OF  NOT  LESS THAN THIRTY-SIX INCHES AND HAS A CROSS SLOPE NOT
GREATER THAN TWO PERCENT OF THE WIDTH. SUCH UNOBSTRUCTED PATH  SHALL  BE
ABLE  TO  BE  NEGOTIATED BY A PERSON AND MAY INCLUDE CURB RAMPS, PARKING
ACCESS AISLES, WALKS, AND RAMPS.
  (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY TO A DWELLING UNIT IF:
  (I)  THE  FINISHED  GRADE  OF  THE SITE IS TOO STEEP TO PROVIDE A PATH
HAVING A SLOPE OF ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH  AT
THE FRONT, SIDE, OR BACK OF THE UNIT;
  (II) THERE IS NO DRIVEWAY SERVING THE UNIT; AND
  (III)  THERE IS NO ALLEY OR OTHER ROADWAY CAPABLE OF PROVIDING VEHICU-
LAR ACCESS TO THE REAR OR SIDE OF THE UNIT.
  2. ACCESSIBLE INTERIOR DOORS. ALL DOORS THAT  ARE  DESIGNED  TO  ALLOW
PASSAGE  WITHIN  THE  GROUND  LEVEL  OF SUCH DWELLING UNIT SHALL HAVE AN
UNOBSTRUCTED OPENING OF AT LEAST THIRTY-SIX INCHES WHEN THE DOOR IS OPEN
AT A NINETY-DEGREE ANGLE.
  3. ACCESSIBLE ENVIRONMENTAL CONTROLS. ALL ENVIRONMENTAL  CONTROLS  AND
OUTLETS  LOCATED  ON  THE  GROUND  LEVEL  OF SUCH DWELLING UNIT SHALL BE
LOCATED ON  THE  WALL  AT  LEAST  FIFTEEN  INCHES,  BUT  NOT  MORE  THAN
FORTY-EIGHT  INCHES,  ABOVE  THE  FLOOR OR, IN THE CASE OF ENVIRONMENTAL
CONTROLS AND OUTLETS LOCATED DIRECTLY ABOVE A COUNTER, SINK,  OR  APPLI-
ANCE, NOT MORE THAN THREE INCHES ABOVE SUCH COUNTER, SINK, OR APPLIANCE.
  4.  ACCESSIBLE  HABITABLE SPACE AND BATHROOM. THE GROUND LEVEL OF SUCH
DWELLING UNIT SHALL CONTAIN THE FOLLOWING:
  (A) AT LEAST ONE INDOOR ROOM THAT HAS AN AREA OF NOT LESS THAN SEVENTY
SQUARE FEET AND CONTAINS NO SIDE OR DIMENSION NARROWER THAN SEVEN  FEET;
AND
  (B) AT LEAST ONE BATHROOM THAT CONTAINS, AT A MINIMUM, THE FOLLOWING:
  (I)  CLEAR FLOOR SPACE OF THIRTY BY FORTY-EIGHT INCHES CENTERED ON AND
CONTIGUOUS TO THE SINK, WHICH IS NOT ENCROACHED BY THE SWING PATH OF THE
BATHROOM DOOR;
  (II) A SINK AND A TOILET THAT EACH ALLOW FOR  A  PARALLEL  OR  HEAD-ON
APPROACH BY A PERSON IN A WHEELCHAIR; AND
  (III)  WALLS THAT ARE REINFORCED TO BE CAPABLE OF SUPPORTING GRAB BARS
THAT RESIST SHEAR AND BENDING FORCES OF A MINIMUM OF TWO  HUNDRED  FIFTY
POUNDS, AS FOLLOWS:
  (A)  ALL  WALLS  ADJACENT  TO THE TOILET SHALL HAVE HORIZONTAL BACKING
REINFORCEMENTS, EACH AT LEAST THIRTY-THREE INCHES,  BUT  NOT  MORE  THAN

S. 429--A                           3

THIRTY-SIX  INCHES, ABOVE THE FLOOR, AND SUFFICIENT TO ALLOW FOR A TWEN-
TY-FOUR-INCH GRAB  BAR  ON  THE  WALL  BEHIND  THE  TOILET  AND  ANOTHER
FORTY-TWO-INCH  GRAB  BAR  ON  ONE  OR  THE  OTHER WALLS ADJACENT TO THE
TOILET.
  (B) IF A BATHTUB IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
INCLUDE:
  (I)  TWO  BACKING REINFORCEMENTS ON THE BACK WALL OF THE BATHTUB, EACH
AT LEAST TWENTY-FOUR INCHES LONG, AT LEAST TWENTY INCHES  WIDE  AND  NOT
MORE  THAN  TWENTY-FOUR  INCHES FROM THE HEAD END WALL AND NOT MORE THAN
TWELVE INCHES FROM THE FOOT END WALL, ONE IN A  HORIZONTAL  POSITION  AT
LEAST  THIRTY-THREE  INCHES,  BUT NOT MORE THAN THIRTY-SIX INCHES, ABOVE
THE FLOOR, AND ONE NINE INCHES ABOVE THE RIM OF THE BATHTUB;
  (II) ONE BACKING REINFORCEMENT ON THE FOOT END WALL OF THE BATHTUB, AT
LEAST TWENTY INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE AND  LOCATED  AT
THE FRONT EDGE OF THE BATHTUB; AND
  (III)  ONE  BACKING REINFORCEMENT ON THE HEAD END WALL OF THE BATHTUB,
AT LEAST TWELVE INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE  AND  LOCATED
AT THE FRONT EDGE OF THE BATHTUB.
  (C)  IF A SHOWER IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
INCLUDE BACKING REINFORCEMENTS ON  AT  LEAST  TWO  WALLS  ON  WHICH  THE
CONTROL  VALVES  ARE  NOT  LOCATED,  EACH CENTERED AT LEAST THIRTY-THREE
INCHES, BUT NOT MORE THAN THIRTY-SIX INCHES,  ABOVE  THE  FLOOR  AND  AT
LEAST EIGHTEEN INCHES WIDE.
  S 483. EXCLUSION. THIS ARTICLE SHALL NOT APPLY TO SITES WHOSE PHYSICAL
CHARACTERISTICS RENDERS COMPLIANCE WITH THIS ARTICLE UNREASONABLE.
  S  484. ENFORCEMENT. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP OR ANY
OTHER BUSINESS ENTITY THAT VIOLATES ANY PROVISION OF THIS ARTICLE  SHALL
BE  SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN FIFTY NOR MORE THAN FIVE
HUNDRED DOLLARS FOR EACH  SUCH  OFFENSE  AND  EACH  DAY  ON  WHICH  SUCH
VIOLATION OCCURS OR CONTINUES TO OCCUR SHALL BE A SEPARATE OFFENSE.  ANY
VIOLATION  OF  THIS ARTICLE SHALL BE ENFORCEABLE BY THE ATTORNEY GENERAL
AND ANY AGGRIEVED PARTY, AND ANY SUCH PARTY SHALL HAVE THE RIGHT TO SEEK
LEGAL AND EQUITABLE RELIEF AND THE COURT MAY AWARD REASONABLE COSTS  AND
ATTORNEY'S FEES ASSOCIATED WITH SUCH ACTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law  and  shall  apply to dwelling units the
construction of which begins on or after such date.

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Senate Bill S429A

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Mar 1, 2011 - Judiciary Committee Vote

Judiciary Committee Vote: Mar 1, 2011

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2011-S429 - Details

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2011-S429A (ACTIVE) - Details

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Rules Committee

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Joseph P. Addabbo Jr.

Thomas K. Duane

David J. Valesky

2011-S429 - Details

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2011-S429 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

Thomas K. Duane

David J. Valesky

2011-S429A (ACTIVE) - Details

2011-S429A (ACTIVE) - Summary

2011-S429A (ACTIVE) - Sponsor Memo

2011-S429A (ACTIVE) - Bill Text download pdf

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