NY State Senate Bill 2021-S5383

Senate Bill S5383

2021-2022 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to housing, construction and community development
Mar 03, 2021	referred to housing, construction and community development

2021-S5383 (ACTIVE) - Details

See Assembly Version of this Bill:: A6370
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
2011-2012: S1137
2013-2014: S3257
2015-2016: S3983
2017-2018: S3595
2019-2020: S4959
2023-2024: S6841, A1973

2021-S5383 (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.

2021-S5383 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5383

SPONSOR: PARKER
 
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 rest-
rooms 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 afore-
mentioned 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, 2016,
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:

2019-20: S4959 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL-
OPMENT
2017-18: S3595 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL-
OPMENT
2015-16: S.3983A - Amend and Recommit to Housing
2013-14: S.3257A - Amend and Recommit to Housing
2011-12: S.1137/A.6808 - Referred to Housing
2009-10: S.2279-A/A.6424-A - Referred to Housing
2007-08: S.2485/A.4705 - Referred to Housing
2006: S.1351/A.12049 - Referred to Housing

 
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 queues for women's bath-
rooms, 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, Minne-
sota, 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.

2021-S5383 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5383
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 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:
   §  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-THREE, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09333-01-1

 S. 5383                             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  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.

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