Proposed Int. No. 871-A
By Council Members Yassky, Brewer, Comrie, Gonzalez, James, Koppell, Palma, Mendez, Gerson, Felder, White Jr., Vallone Jr., Foster, Mark-Viverito, Garodnick, Weprin, Seabrook, Gennaro, Nelson, Fidler, Gioia, DeBlasio, Reyna, Gentile, Jackson, Barron, Crowley, Sanders Jr., Sears, Mitcehll, Vacca and the Public Advocate (Ms. Gotbaum)
A Local
Law to amend the administrative code of the city of
Be it enacted by the
Council as follows:
Section
1. Chapter 5 of title 28 of the
administrative code of the city of
ARTICLE
504
BICYCLE ACCESS TO OFFICE
BUILDINGS
§ 28-504.1 Applicability. This article shall apply to buildings, the
main occupancy of which is offices, that (i) are in existence on the effective
date of this article, or for which a permit has been issued but which have not
yet been completed, and (ii) have a freight elevator that either complies with
ASME 17.1 with regard to the carrying of passengers on freight elevators, as
referenced in chapter thirty-five of the New York city building code, or is
operated by a freight elevator operator, and (iii) are not subject to the
bicycle parking provisions of sections 25-80, 36-70 and 44-60 of the zoning
resolution of the city of New York. It
shall be presumed that if a freight elevator is available for carrying freight,
it is available for carrying bicycles.
§ 28-504.2 Request for
bicycle access. The tenant or subtenant of a building to which
this article is applicable may request in writing, on a form provided by the
department of transportation, that the owner, lessee, manager or other person
who controls such building complete a bicycle access plan in accordance with
section 28-504.3. Such request shall be
sent to the owner, lessee, manager or other person who controls such building
by certified mail, return receipt requested, and a copy of the request shall be
filed with the department of transportation .
§
28-504.3 Bicycle
access plan.
1. Where a request for a
bicycle access plan has been submitted pursuant to this article, the owner,
lessee, manager or other person in control of the building shall within thirty
days after receipt of such request complete and implement a bicycle access plan
or provide to the tenant or subtenant a copy of the request for an exception
that has been filed with the department of transportation in accordance with
section 28-504.4.
2. A plan shall be completed on a form provided by the department of
transportation and shall include, at a minimum: the location of entrances;
route to freight elevators that accommodate bicycle access; the route to a
designated area for bicycle parking on an accessible level if such bicycle
parking is made available; and such other information as the department may
require. The plan shall provide that
bicycle access is available, at a minimum, during the regular operating hours
of the freight elevator, if such freight elevator is used for bicycle access in
such building. Bicycle access shall be
granted to the requesting tenant or subtenant and its employees in accordance
with such plan.
3. The plan may be amended from time to time to
accommodate requests from other tenants or subtenants to provide bicycle access
pursuant to this article.
§28-504.4 Exceptions. Bicycle access need not be provided pursuant
to this article if an owner, lessee, manager or other person who controls a
building applies to the commissioner of transportation for an exception, on a
form provided by such department and sent by certified mail, return receipt
requested, within fifteen days of receipt of a request for a bicycle access
plan, and certifies that either:
1. The building's freight elevator is not available for the use
described in this article because unique circumstances exist
involving substantial safety risks directly related to the use of such
elevator. Such application shall include
the reasons for such assertion and supporting documentation.
or
2. There is secure alternate
covered off-street or secure indoor no-cost bicycle parking available on the
premises or within three blocks or seven hundred fifty feet, whichever is less,
of such building. Such application shall include supporting documentation for
such assertion, including proof that such alternate off-street or indoor
parking is available to or under the control of such owner, lessee, manager or
other person who controls the building.
The department or the department of transportation shall thereafter conduct an inspection of the building and freight elevator, or the secure alternate covered off-street or secure indoor no-cost bicycle parking, whichever provides the basis for the exception sought. The commissioner of transportation shall thereafter issue a final determination as to whether to grant the exception, and a letter of exception or denial shall be sent by certified mail, return receipt requested, to the owner, lessee, manager, or other person in control of the building. If the exception is denied, a bicycle access plan shall be posted within twenty days of receipt of such determination. Failure to timely post a bicycle access plan shall be cause for the issuance of a violation.
§ 28-504.5 Emergencies. In an emergency, whenever elevator use is
prohibited, bicycles shall not be permitted to be transported through any means
of egress.
§ 28-504.6 Posting and
availability of bicycle access plan or letter of exception.
1. Every owner, lessee, manager
or other person in control of a building subject to this article shall either
post in such building each bicycle access plan that is in effect, notifying the
requesting tenants and subtenants of their right to bicycle access in
accordance with such plan, or shall post a notice in the building lobby
indicating that such plan is available in the office of the building manager
upon request. Either such posting shall
be made within five days of completion and implementation of such plan.
2. Every owner, lessee, manager
or other person in control of such building shall post in such building any
letter of exception granted by the commissioner of transportation, including
the basis or bases for the exception and, if applicable, the route to alternate
off-street or indoor parking, as provided in section 28-504.4, or shall post a
notice in the building lobby indicating that such letter is available in the
office of the building manager upon request. Either such posting shall be made
within five days of receipt of such letter of exception.
3. Plans, letters of exception or notices of
availability of either shall be posted in a prominent location easily visible
to a building's tenants, subtenants and the building's employees, and shall be
made available upon request by the department, the department of transportation
or authorized representatives of any other city agency.
§ 28-504.7 Filing of plan.
The department or department of transportation may require that plans
implemented pursuant to the provisions of this article be filed with either
such agency.
§ 28-504.8 Construction. Nothing in this article shall be construed to
require an owner, lessee, manager or other person who is in control of a
building governed by this article to provide space for bicycles brought into
such building or to permit a bicycle to be parked in a manner that violates
building or fire codes or any other applicable law, rule or code, or which
otherwise impedes ingress or egress to such building.
§ 2. a. There shall be a temporary bicycle commuting task force to examine establishing partnerships with private entities to develop sheltered bicycle parking in public and/or private spaces. The task force shall be comprised of the commissioner of transportation or his or her designee, the commissioner of buildings or his or her designee, the commissioner of parks and recreation or his or her designee, the director of the department of city planning or his or her designee and three representatives to be appointed by the speaker of the council. Upon the appointment of all of its members, the task force shall elect a chair from its membership at the first meeting of such task force. Members of the task force shall serve without compensation and shall meet when deemed necessary by the chair or upon the request of three members of the task force. The task force shall issue a report to the mayor and speaker by December 31, 2010. Such report shall include, but not be limited to, recommendations on establishing partnerships with private entities to develop sheltered bicycle storage in public and/or private spaces. Such report shall be posted on the city’s website within seven days from its submission to the speaker and mayor. The task force shall cease to exist three months after the issuance of its report.
b. At any time after the publication of the report required by subdivision a of this section, any group of geographically-related buildings that are subject to the provisions of section one of this local law may submit to the department of transportation a pilot project plan for a public/private partnership to provide sheltered bicycle storage in the vicinity of such buildings, which parking would be located within three blocks or seven hundred fifty feet, whichever is less, from each building in the group. Such plan shall be consistent with the goals and recommendations of the bicycle commuting task force. If the commissioner of transportation, in consultation with other relevant city agencies, determines that such pilot project plan is in the best interest of the city and the community and that the proposed sheltered bicycle storage can accommodate the bicycles of riders seeking access to such buildings, the commissioner may authorize the implementation of such pilot project. Upon such authorization, the commissioner shall recommend to the commissioner of buildings to suspend the applicability of section one of this local law to such buildings during the time that such pilot project is operational. If at any time during the operation of such pilot project the commissioner of transportation determines that such project no longer furthers the objectives of this local law, the commissioner may terminate such project, upon sixty days’ notice to the buildings which are participating in such project, and the provisions of section one of this local law on bicycle access shall thereafter apply. Determinations made by the commissioner of transportation pursuant to this subdivision shall be final.
§ 3. This local law shall take effect one hundred twenty days after its enactment, except that the commissioner of buildings and/or the commissioner of transportation shall take all actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect.
PH
LS # 6241
6.22.09 – 7:30 pm