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A06964 Summary:

BILL NOA06964A
 
SAME ASSAME AS S07131-A
 
SPONSOREpstein
 
COSPNSRBurdick
 
MLTSPNSR
 
Amd §378, Exec L; add §403.5, NYC Ad Cd
 
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.
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A06964 Actions:

BILL NOA06964A
 
03/18/2025referred to governmental operations
04/25/2025amend and recommit to governmental operations
04/25/2025print number 6964a
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A06964 Memo:

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 *   JUSTIFICATION: New York State and New York City's outdated plumbing codes fail to accommodate modern design standards for multi-stall all-gender bath- rooms.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
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A06964 Text:



 
                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.
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