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A11620 Summary:

BILL NOA11620
 
SAME ASNo Same As
 
SPONSORRules (Chang)
 
COSPNSR
 
MLTSPNSR
 
Add §399-ww, Gen Bus L; amd §28-315.7.1, NYC Ad Cd
 
Prohibits local laws from requiring certain storefront security gates or grilles comply with certain conditions; extends the provisions concerning existing storefront security gates or grilles.
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A11620 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11620
 
                   IN ASSEMBLY
 
                                      July 29, 2026
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Chang) --
          read once and referred to the Committee on Local Governments
 
        AN ACT to amend the general business law and the administrative code  of
          the  city  of New York, in relation to protecting small businesses and
          commercial property owners from local mandates requiring the  replace-
          ment  of  certain  storefront security gates or grilles, and extending
          the compliance deadline  for  existing  storefront  security  gate  or
          grille visibility requirements
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-ww to read as follows:
     3    § 399-ww. Storefront security gates and grilles. 1. For  the  purposes
     4  of this section:
     5    (a)  "Existing storefront security gate or grille" shall mean a store-
     6  front security gate or grille installed prior to July first,  two  thou-
     7  sand twenty-six.
     8    (b)  "Local government" shall mean any county, city, town, village, or
     9  any agency, department, board,  bureau,  commission,  office,  or  other
    10  entity thereof.
    11    (c)  "Storefront  security  gate  or  grille" shall mean any roll down
    12  gate, roll down grille, security grille, metal gate, or similar  protec-
    13  tive  barrier  installed  at  or  near the exterior entrance, window, or
    14  storefront of a building or premises used in whole or in part for  busi-
    15  ness, professional, commercial, retail, or mercantile purposes.
    16    2.  Notwithstanding any inconsistent provision of any local law, ordi-
    17  nance, rule, regulation, building code, construction  code,  administra-
    18  tive  code,  or  policy,  no local government shall require the owner or
    19  operator of a business, or the owner of real property used in  whole  or
    20  in  part  for  business, professional, commercial, retail, or mercantile
    21  purposes, to remove, replace, alter, modify, or discontinue the  use  of
    22  an  existing storefront security gate or grille solely on the basis that
    23  such gate or grille does not satisfy a required percentage of  transpar-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16085-01-6

        A. 11620                            2
 
     1  ency, openness, visibility, or visual access from a sidewalk, street, or
     2  other public place.
     3    3.  No  local  government shall impose a civil penalty, fine, summons,
     4  violation, permit condition, certificate of correction  requirement,  or
     5  other  enforcement  action  against  any person or entity for failure to
     6  remove, replace, alter, modify, or discontinue the use  of  an  existing
     7  storefront security gate or grille where such enforcement is based sole-
     8  ly on a requirement described in subdivision two of this section.
     9    4.  Nothing  in  this  section  shall be construed to prohibit a local
    10  government from enforcing laws, rules, regulations, or codes relating to
    11  fire safety, emergency egress, structural safety,  accessibility,  elec-
    12  trical  safety,  landmark  preservation,  or unsafe conditions, provided
    13  that such enforcement is not based solely on the transparency, openness,
    14  visibility, or visual access percentage of an existing storefront  secu-
    15  rity gate or grille.
    16    5.   Any  local  law,  ordinance,  rule,  regulation,  building  code,
    17  construction code, administrative code, or policy inconsistent with this
    18  section shall be preempted and superseded to the extent of  such  incon-
    19  sistency.
    20    §  2. Section 28-315.7.1 of the administrative code of the city of New
    21  York, as amended by section 3 of part A of local law number 126  of  the
    22  city of New York for the year 2021, is amended to read as follows:
    23    § 28-315.7.1 Security grilles on buildings in occupancy groups B or M.
    24  Security  grilles  abutting sidewalks on buildings in occupancy groups B
    25  or M shall comply with the retroactive requirements of item 4 of section
    26  1010.1.4.4 of the New York city building code.  On  and  after  July  1,
    27  [2026]  2031,  such grilles when closed shall permit visibility from the
    28  sidewalk of at least 70 percent of the area covered by such grille.
    29    § 3. This act shall take effect immediately.
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