Bill Text: NY S02607 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 2607 (Prior Session Legislation)

Introduced

Bill Title: 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; waiver is authorized by a strong showing that strict compliance with these requirements would be physically or legally impossible or would be unnecessary in light of alternatives.

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CONSUMER PROTECTION [S02607 Detail]

Download: New_York-2009-S02607-Introduced.html

                           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:
    1    Section 1. The general business law is amended by adding a new section
    2  391-q to read as follows:
    3    S 391-Q.  BATHROOM FACILITIES IN PARKING LOTS. 1. FOR PURPOSES OF THIS
    4  SECTION:
    5    (A) "PARKING LOT" SHALL MEAN ANY LOT ASSOCIATED WITH A THEATER, STADI-
    6  UM, ARENA OR OTHER PLACE WHERE PERFORMANCES, CONCERTS, ATHLETIC GAMES OR
    7  CONTESTS ARE HELD WITH A  SEATING CAPACITY OF SIX THOUSAND OR MORE,
    8    (B) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF GENER-
    9  AL SERVICES.
   10    2. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL PARK-
   11  ING  LOTS SHALL  PROVIDE A BATHROOM FACILITY FOR INDIVIDUALS FREQUENTING
   12  THE PLACE OF BUSINESS ASSOCIATED WITH SUCH LOT.
   13    (B) THERE SHALL BE AT LEAST THREE WATER CLOSETS FOR MEN AND SIX  WATER
   14  CLOSETS FOR WOMEN FOR EVERY FOUR HUNDRED FIFTY PARKING SPACES.
   15    (C)  THERE  SHALL BE ONE ADDITIONAL WATER CLOSET FOR MEN AND TWO ADDI-
   16  TIONAL WATER CLOSETS FOR WOMEN FOR EVERY ADDITIONAL TWO HUNDRED  PARKING
   17  SPACES.
   18    (D)  URINALS MAY BE PROVIDED IN BATHROOMS IN LIEU OF WATER CLOSETS FOR
   19  MEN, BUT THE NUMBER SHALL NOT  EXCEED  FIFTY  PERCENT  OF  THE  REQUIRED
   20  NUMBER OF WATER CLOSETS.
   21    3.  (A) THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF SUBDIVISION TWO
   22  OF THIS SECTION, PROVIDED, HOWEVER, THAT SUCH WAIVER  IS  BASED  UPON  A
   23  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
    1  BE PHYSICALLY OR LEGALLY IMPOSSIBLE OR WOULD BE UNNECESSARY IN LIGHT  OF
    2  ALTERNATIVES  WHICH INSURE THE ACHIEVEMENT OF THE INTENDED  OBJECTIVE OR
    3  WHICH ACHIEVE THE INTENDED OBJECTIVE MORE  EFFICIENTLY,  EFFECTIVELY  OR
    4  ECONOMICALLY. ALTERNATIVES SHALL NOT INCLUDE BATHROOM FACILITIES LOCATED
    5  INSIDE THE PLACE OF BUSINESS ASSOCIATED WITH THE PARKING LOT.
    6    (B) EACH APPLICATION FOR A WAIVER UNDER PARAGRAPH (A) OF THIS SUBDIVI-
    7  SION  SHALL BE   MADE TO THE COMMISSIONER IN WRITING, SETTING FORTH EACH
    8  REQUIREMENT SOUGHT TO BE WAIVED   AND THE  SPECIFIC  REASON  OR  REASONS
    9  THEREFOR.  THE  COMMISSIONER  SHALL  DETERMINE, UNDER ALL OF THE CIRCUM-
   10  STANCES PRESENTED BY SUCH APPLICATION, WHICH OF  SUCH  REQUIREMENTS  MAY
   11  APPROPRIATELY  BE  WAIVED.  THE  COMMISSIONER SHALL RENDER SUCH DETERMI-
   12  NATION IN WRITING WITHIN SIXTY DAYS OF RECEIPT OF THE APPLICATION, WHICH
   13  SHALL SET FORTH IN DETAIL THE COMMISSIONER'S  FINDINGS  AND  CONCLUSIONS
   14  WITH  RESPECT  TO  EACH  REQUIREMENT SOUGHT TO BE WAIVED. A COPY OF SUCH
   15  WRITTEN DETERMINATION SHALL BE FORWARDED TO THE APPLICANT. SUCH  WRITTEN
   16  DETERMINATION  SHALL BE FILED WITH THE DEPARTMENT AND SHALL BE AVAILABLE
   17  FOR PUBLIC INSPECTION.
   18    (C) THE COMMISSIONER MAY ALLOW THE USE OF PORTABLE TOILET  SYSTEMS  IN
   19  PLACE  OF  A STATIONARY BUILDING WITH THE REQUIRED NUMBER OF WATER CLOS-
   20  ETS, BUT ONLY IN LIMITED  CIRCUMSTANCES AND FOR A SPECIFIED DURATION  OF
   21  TIME.
   22    S  2. This act shall take effect the first of July next succeeding the
   23  date on which it shall have become a  law.  Effective  immediately,  the
   24  commissioner  of  the  office  of  general  services  is  authorized and
   25  directed to make any addition, amendment and/or repeal of  any  rule  or
   26  regulation necessary for the implementation of this act on its effective
   27  date.