Establishes standards for the design and construction of all-gender bathrooms in the state and in New York city; provides standards will be permitted in both new construction and existing structures undergoing repair, renovation, or alteration work.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6964A
SPONSOR: Epstein TITLE OF BILL:
An act to amend the executive law and the administrative code of the
city of New York, in relation to establishing standards for the design
and construction of all-gender bathrooms
SUMMARY OF PROVISIONS:
Section 1 amends section 378 of the executive law by adding a new subdi-
vision 21 establishing design and construction standards for all-gender
bathrooms
Section 2 amends chapter 4 of the plumbing code of the administrative
code of the city of New York by adding a new section 403.5 establishing
design and construction standards for all-gender bathrooms
Section 3 provides the effective date.
** The A-print updates the legislation with reference to industry stand-
ards. *
JUSTIFICATION:
New York State and New York City's outdated plumbing codes fail to
accommodate modern design standards for multi-stall all-gender bath-
rooms. The market has spoken and the demand for inclusive design is
here, and the plumbing code needs to be updated to meet the moment. The
current code requires architects and engineers to navigate an onerous
variance process, adding unnecessary time, cost, and uncertainty to
projects.
Multi-stall all-gender bathrooms are not without precedent. Forest Hills
Stadium has been using these facilities successfully since 2018, reduc-
ing need for additional wayfinding and meeting the needs of diverse
users, such as families and caretakers.
A wide variety of architecture clients, including private developers,
non-profit organizations, institutions, and agencies (ex: Parks Depart-
ment), seek inclusive design in their projects and require multi-stall
all- gender bathrooms that are safe and provide sufficient privacy. The
challenge is for an architect to incorporate multi-stall all-gender
bathrooms in their design, they need to engage in a lengthy variance
application and review process with the Department of Buildings (DOB),
often negatively impacting the project budget and schedule. This vari-
ance process serves as a deterrent and a risk to clients who aspire to
include all-gender bathrooms because, at the end, approval is subject to
the discretion of individual DOB reviewers. The uncertainty of approval,
along with the added costs and delays, often outweighs the interest in
'the pursuit of incorporating these inclusive features.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
Cost savings
EFFECTIVE DATE:
90 days after becoming law
STATE OF NEW YORK
________________________________________________________________________
6964--A
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law and the administrative code of the
city of New York, in relation to establishing standards for the design
and construction of all-gender bathrooms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 378 of the executive law is amended by adding a new
2 subdivision 21 to read as follows:
3 21. a. Standards for all-gender bathrooms to provide privacy and secu-
4 rity, incorporating best practices in restroom design, including but not
5 limited to:
6 (i) lockable individual toilet stalls with a minimum door height of
7 eighty-four inches and a maximum undercut of four inches;
8 (ii) no visual gaps at the sides of doors and pilasters;
9 (iii) shared sink areas positioned outside of individual toilet
10 stalls;
11 (iv) allowance for separate sinks within individual stalls; and
12 (v) installation of privacy partitions compliant with the interna-
13 tional association of plumbing and mechanical officials' standards
14 published under the IAPMO/ANSI/CAN Z124.10-2022, or the most recently
15 published version of such publication.
16 b. All-gender bathrooms may include urinals provided they are enclosed
17 within individual lockable stalls meeting the privacy standards in para-
18 graph a of this subdivision.
19 c. (i) The department shall promulgate or amend regulations to allow
20 and facilitate the designation, installation, and use of all-gender
21 bathrooms in any use group as defined in the state building code,
22 including but not limited to commercial, institutional, educational, and
23 public facilities.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09382-04-5
A. 6964--A 2
1 (ii) All-gender bathrooms shall be permitted in both new construction
2 and existing structures undergoing repair, renovation, or alteration
3 work.
4 (iii) Standards developed pursuant to this subdivision shall include
5 requirements for signage and wayfinding standards to ensure clear iden-
6 tification of all-gender bathrooms while maintaining inclusivity and
7 accessibility.
8 d. For the purposes of this subdivision, "all-gender bathrooms" shall
9 mean multi-fixture toilet rooms with separate, lockable partitions and a
10 shared sink area that can be used by individuals of all gender identi-
11 ties.
12 § 2. PC 403 of chapter 4 of the plumbing code of the administrative
13 code of the city of New York is amended by adding a new section 403.5 to
14 read as follows:
15 § 403.5 All-gender bathrooms. 1. (a) All-gender bathrooms shall be
16 designed to provide privacy and security, incorporating best practices
17 in restroom design, including but not limited to:
18 (i) lockable individual toilet stalls with a minimum door height of 84
19 inches and a maximum undercut of 4 inches;
20 (ii) no visual gaps at the sides of doors and pilasters;
21 (iii) shared sink areas positioned outside of individual toilet
22 stalls;
23 (iv) allowance for separate sinks within individual stalls; and
24 (v) installation of privacy partitions compliant with the interna-
25 tional association of plumbing and mechanical officials' standards
26 published under the IAPMO/ANSI/CAN Z124.10-2022, or the most recently
27 published version of such publication.
28 (b) All-gender bathrooms may include urinals provided they are
29 enclosed within individual lockable stalls meeting the privacy standards
30 in paragraph (a) of this subdivision.
31 2. All-gender bathrooms shall be permitted in both new construction
32 and existing structures undergoing repair, renovation, or alteration
33 work.
34 3. Standards developed pursuant to this section shall include require-
35 ments for signage and wayfinding standards to ensure clear identifica-
36 tion of all-gender bathrooms while maintaining inclusivity and accessi-
37 bility.
38 4. For the purposes of this section, "all-gender bathrooms" shall mean
39 multi-fixture toilet rooms with separate, lockable partitions and a
40 shared sink area that can be used by individuals of all gender identi-
41 ties.
42 § 3. This act shall take effect on the ninetieth day after it shall
43 have become a law. Effective immediately, the addition, amendment and/or
44 repeal of any rule or regulation necessary for the implementation of
45 this act on its effective date are authorized to be made and completed
46 on or before such effective date.
