NY State Senate Bill 2011-S1137

Senate Bill S1137

2011-2012 Legislative Session

Provides standards for the number of water closets in certain areas of public assembly and increases the required number of water closets for women

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to housing, construction and community development
Jan 05, 2011	referred to housing, construction and community development

2011-S1137 (ACTIVE) - Details

See Assembly Version of this Bill:: A6808
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Add §378-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2279, A6424
2013-2014: S3257, A6486
2015-2016: S3983
2017-2018: S3595
2019-2020: S4959
2021-2022: S5383
2023-2024: S6841

2011-S1137 (ACTIVE) - Summary

Provides standards for the number of water closets in certain areas of public assembly and increases the required number of water closets for women; sets deadlines for compliance.

2011-S1137 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1137

TITLE OF BILL:
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

PURPOSE:
To require twice as many sanitary facilities for women as for
men in buildings used for public assembly.

SUMMARY OF PROVISIONS:
Creates a new section 378-a of the Executive
law to require that restrooms in arenas, stadiums, auditoriums,
meeting halls, theaters, public dance halls, or buildings where
alcohol is sold and consumed, must provide twice as many water
closets for women as for men if: the aforementioned public space is
newly constructed; the aforementioned public space has undergone
renovations where the cost of such alterations in any 12 month period
exceeds 30% of the value of the building or space, or; an existing
building or space has been altered to now become a public space as
listed above.

Provides that arenas, stadiums, auditoriums, meeting halls, theaters,
public dance halls or buildings where alcohol is sold and consumed

that do not meet the conditions outlined above, shall by January 1,
2011, re-designate existing bathrooms if doing so would produce a
ratio that approximates the 2: 1 requirement.

Provides that urinals may be provided in bathrooms in lieu of water
closets but the number shall not exceed 50% of the number of sanitary
facilities in such bathrooms.

LEGISLATIVE HISTORY:
2010:    S.2279-A  Referred to Housing, Construction & Community
         Development
         A.6424-A  Referred to Governmental Operations
2008:    S.2485    Referred to Housing, Construction & Community
         Development
         A.4705    Referred to Governmental Operations
2006:    S.1351    Referred to Housing, Construction & Community
                   Development
         A.12049   Referred to Governmental Operations

JUSTIFICATION:
According to studies by Dr. Sandra Rawls on patterns of
behavior in the use of bathrooms, it frequently takes women twice as
long to use the bathroom as it does men. The absence of sufficient
women's bathrooms in places of public assembly, and the resultant
hues for women's bathrooms, is one of the most blatant, demeaning, and
visible forms of gender discrimination. The 2003 International
Building Code requires approximately twice as many water closets for
women as for men in places of public assembly. Numerous
jurisdictions, including California, Minnesota, Pennsylvania,


Tennessee, Texas and Washington, have enacted laws requiring more
rest rooms for women.

This bill recognizes the different rest room needs of men and women
and is in keeping with changes in the International Building Code.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law.

2011-S1137 (ACTIVE) - Bill Text download pdf

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

                                  1137

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

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:
  S  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, 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 THIRTEEN, ANY ARENA, AUDITORIUM,
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01726-01-1

S. 1137                             2

BATHROOMS  FOR  THE USE BY PERSONS OF ONE SEX TO THE OTHER, IF MORE THAN
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  WOMENS'  TO  MENS'  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,  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.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the secretary of state  is  immediately
authorized and directed to promulgate, amend and/or repeal any rules and
regulations  necessary  to  implement  the provisions of this act on its
effective date.

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