S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1973
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of A. ZINERMAN, BURDICK, FORREST, SIMON -- read once
   and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in  relation  to  standards  for  the
   number  of  water  closets  in  certain  places of public assembly and
   increases the number of water closets for women

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 378-a
 to read as follows:
   § 378-A. STANDARDS FOR WATER  CLOSETS  IN  CERTAIN  PLACES  OF  PUBLIC
 ASSEMBLY.  1. NOTWITHSTANDING ANY RULE, REGULATION OR LAW TO THE CONTRA-
 RY, STANDARDS FOR WATER CLOSETS IN THE  BUILDINGS  CONTAINING  AREAS  OF
 PUBLIC  ASSEMBLY  ENUMERATED  IN THIS SECTION SHALL BE AS STATED IN THIS
 SECTION.
   2. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY ARENA,  AUDITORI-
 UM, OR BUILDING WHERE ALCOHOLIC BEVERAGES ARE SOLD AND CONSUMED, MEETING
 HALL,  MOTION PICTURE THEATRE, PUBLIC DANCE HALL, STADIUM, OR THEATRE IN
 THE FOLLOWING BUILDINGS OR SPACES:
   A. NEW BUILDINGS OR SPACES;
   B. EXISTING BUILDINGS OR SPACES THAT ARE ALTERED  WHERE  THE  COST  OF
 MAKING  ALTERATIONS  IN  ANY  TWELVE-MONTH  PERIOD  SHALL  EXCEED THIRTY
 PERCENT OF THE VALUE OF THE BUILDING OR SPACE; AND
   C. EXISTING BUILDINGS OR SPACES THAT ARE ALTERED WHERE THE  ALTERATION
 OF  THE  BUILDING  OR  SPACE  RESULTS IN A CHANGE IN THE OCCUPANCY GROUP
 CLASSIFICATION OF THE BUILDING OR SPACE  UNDER  THE  PROVISIONS  OF  THE
 BUILDING CODES APPLICABLE IN THE STATE OF NEW YORK.
   3.  BY JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, ANY ARENA, AUDITORIUM,
 OR BUILDING WHERE ALCOHOLIC BEVERAGES ARE  SOLD  AND  CONSUMED,  MEETING
 HALL, MOTION PICTURE THEATRE, PUBLIC DANCE HALL, STADIUM, OR THEATRE NOT
 SUBJECT  TO  SUBDIVISION TWO OF THIS SECTION SHALL RE-DESIGNATE EXISTING
 BATHROOMS FOR THE USE BY PERSONS OF ONE SEX TO THE OTHER, IF  MORE  THAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01181-01-3
              

 A. 1973                             2
 
 TWO  BATHROOMS  EXIST  IN SUCH FACILITY, AND IF DOING SO WOULD PRODUCE A
 RATIO OF WATER CLOSETS DESIGNATED FOR THE USE OF WOMEN AND MEN THAT MORE
 CLOSELY APPROXIMATES  THE  RATIO  OF  WOMEN'S  TO  MEN'S  WATER  CLOSETS
 REQUIRED UNDER SUBDIVISION FOUR OF THIS SECTION.
   4. A. THE MINIMUM REQUIREMENT FOR THE NUMBER OF WATER CLOSETS PURSUANT
 TO  THIS  SECTION FOR ANY ARENA, AUDITORIUM, OR BUILDING WHERE ALCOHOLIC
 BEVERAGES ARE SOLD AND CONSUMED, MEETING HALL, MOTION  PICTURE  THEATRE,
 PUBLIC DANCE HALL, STADIUM, OR THEATRE SHALL BE AS LISTED IN TABLE 1.
                                   TABLE 1
 
 NUMBER OF PERSONS    NUMBER OF WATER CLOSETS    NUMBER OF WATER CLOSETS
                             FOR MEN                    FOR WOMEN
 1-150                           1                        2
 151-300                         2                        4
 301-450                         3                        6
 FOR  OCCUPANCY  BY  MORE THAN FOUR HUNDRED FIFTY PERSONS, THERE SHALL BE
 ONE WATER CLOSET FOR MEN AND TWO WATER CLOSETS FOR WOMEN FOR EACH  ADDI-
 TIONAL  THREE  HUNDRED  PERSONS.  THE  POPULATION  USED TO DETERMINE THE
 NUMBER OF WATER CLOSETS REQUIRED SHALL BE BASED ON THE NUMBER OF  PEOPLE
 TO  OCCUPY THE SPACE; PROVIDED, HOWEVER, THAT IN NO CASE SHALL THE POPU-
 LATION BE DEEMED LESS THAN THAT DETERMINED BY ALLOWING ONE HUNDRED TWEN-
 TY-FIVE SQUARE FEET OF FLOOR AREA PER PERSON.
   B. URINALS MAY BE PROVIDED IN BATHROOMS IN LIEU OF WATER  CLOSETS  BUT
 THE  NUMBER  SHALL  NOT  EXCEED  FIFTY PERCENT OF THE REQUIRED NUMBER OF
 SANITARY FIXTURES.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.  Effective immediately the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  on  or  before
 such date.