Section 19-701
§ 19-701 Short title. This chapter shall be known and may be cited as
the "Accessible Water Borne Commuter Services Facilities Transportation
Act".
Section 19-702
§ 19-702 Legislative findings and intent. The Council hereby finds
that the city of New York's water borne commuter services facilities are
not uniformly accessible to disabled persons. This is a matter of
serious concern affecting the public safety and welfare. The Council
believes that there is an immediate need for regulation of water borne
commuter services in order to enable disabled members of the public to
have access to such services on an equal basis with non-disabled
persons. The Council believes that under the Americans with Disabilities
Act (ADA), disabled persons have the right to access commuter
transportation services on an equal and non-discriminatory basis.
However, the Council finds that no federal or state laws, rules or
regulations are in effect that establish specific standards regarding
access by disabled persons to water borne commuter services facilities
in the city or the safety of such persons when utilizing such
facilities. As a result, disabled persons in the city of New York are
not assured that they can safely and consistently access water borne
commuter services facilities. This legislation sets specific standards
in relation to mandating accessible water borne commuter services
facilities for disabled persons, thereby minimizing the tremendous and
unfair burden placed on disabled persons who rely on these services.
The Council further finds that the city's transportation needs and
system are unique in that, unlike many other cities, major waterways are
interspersed throughout the greater New York city area, resulting in
residential concentrations that are in many instances separated by water
from major centers of employment. Consequently, the city historically
has had an extensive passenger ferry system. Furthermore, because of
increasing levels of traffic congestion and air pollution, and concerns
regarding the threat of terrorism to other modes of transportation, the
city is rapidly developing an increasingly expansive system of passenger
ferry transportation. The Council finds that it is imperative that such
development results in water borne commuter services facilities that are
accessible to all persons.
Section 19-703
§ 19-703 Definitions. For purposes of this chapter, the following
terms shall be defined as follows:
a. "Accessible route" has the meaning set forth in section 19-705.
b. "ADA" means the Americans with Disabilities Act, title 42 of the
United States code annotated section 12101 et. seq.
c. "Coaming" means the vertical plating bounding a hatch or located at
the base of a door for the purpose of stiffening the edges of the
opening and resisting entry of water.
d. "Disabled persons" means persons with physical disabilities,
including but not limited to mobility impairments, sight impairments,
hearing impairments and speech impairments, and further includes persons
utilizing a service animal or wheelchair or other physical mobility aid.
e. "Gangway" means a pedestrian walkway that changes slope to
accommodate changes in water level, linking a fixed structure or land
with a barge, float, dock or other floating structure except a water
borne commuter vessel.
f. "Operator" means any person or private or governmental entity that
owns or operates a water borne commuter services facility.
g. "Passenger" means every person other than the captain and crew on
board a water borne commuter vessel.
h. "Point of embarkation or disembarkation" means any portal point of
entry or exit onto or off of a water borne commuter vessel, or into or
out of the main cabin area of such water borne commuter vessel.
i. "Transition plate" means any sloping pedestrian walking surface
located at the end of a gangway, vessel loading equipment, point of
embarkation or disembarkation or coaming.
j. "Vessel loading equipment" means any piece of equipment or assembly
of equipment, whether or not such equipment requires operation by water
borne commuter services facility personnel, that may be located on a
water borne commuter vessel or located on a landing, that bridges from a
water borne commuter vessel to a barge, float, dock or other floating
structure or landing, the purpose of which is to accommodate the
differences in elevation between such water borne commuter vessel and
such barge, float, dock or other floating structure or landing.
k. "Water borne commuter services facility" means any dock, pier, slip
or terminal located within the city of New York or its territorial
waters and utilized by a water borne commuter vessel, as well as water
borne commuter vessels and any concession, ticket purchasing or other
facility or amenity available at or on such dock, pier, slip, terminal
or water borne commuter vessel.
l. "Water borne commuter vessel" means every description of water
craft operating within the city of New York or its territorial waters,
including commuter ferries but excluding seaplanes, that is used as a
means of commuter passenger mass transportation by water.
Section 19-704
§ 19-704 Scope. All water borne commuter services facilities located
or operating within the city of New York or its territorial waters shall
be accessible to disabled persons as provided in this chapter.
Section 19-705
§ 19-705 Accessible route. Except as may otherwise be set forth
herein, there shall be at least one accessible route (i) to, (ii) into,
(iii) onto and (iv) throughout any water borne commuter services
facility consisting of a continuous, firm, stable and slip-resistant
path that is maintained free of ice and snow; provided, however, that
except as may be required pursuant to federal or state law, rule or
regulation, no water borne commuter services facility shall be required
to modify or install an elevator in order to satisfy the requirements of
this chapter. No accessible route may have any vertical steps or rises
greater than 1/2 inch unless made accessible by ramps, gangways or
transition plates complying with this section. No accessible route may
require that use thereof or accessibility thereto be conditioned upon
prearrangement except to the extent a ticket must be purchased or fare
must be paid. An accessible route shall provide or satisfy the following
additional criteria, as applicable:
a. Points of embarkation and disembarkation. Each point of embarkation
and disembarkation shall provide or satisfy each of the following
criteria:
1. A minimum clear width of 36 inches, exclusive of any bulwarks,
lifelines, deck rails and toe rails; provided, however, that where the
main deck area of a water borne commuter vessel is less than 3,000
square feet, such clear width shall be at least 32 inches, exclusive of
any bulwarks, lifelines, deck rails and toe rails.
2. Doors and doorways with a minimum width of 32 inches; provided,
however, that any projections into such clear opening shall be mounted
at least 34 inches above the finished deck surface; and provided,
further, that any projections situated 34 inches or higher than the
finished deck surface and 80 inches or lower from the finished deck
surface shall not exceed 4 inches.
3. Transition plates or ramps with a maximum slope of 1:12, or as
close thereto as is feasible for access to water borne commuter vessels
and the inner cabins of such vessels that have steps or coamings leading
into such cabins; provided, however, that such transition plates and
ramps may be removable. With respect to water borne commuter vessels
designed or constructed after the date of enactment of the local law
that added this chapter, removable coamings shall be utilized where
feasible and permitted by the United States Coast Guard, pursuant to
title 14 of the United States code or any rules or regulations
promulgated pursuant thereto.
4. Notwithstanding anything to the contrary contained herein, wherever
there are multiple points of embarkation or disembarkation, and two or
more such points are simultaneously utilized at any given docking, only
one such point need comply with the provisions of this section.
b. Gangways. Gangways shall provide or satisfy each of the following
criteria:
1. Handrails on each side.
2. A minimum clear width of 36 inches, which width shall be measured
between the inside edges of handrails.
3. A maximum running slope of 1:12 and a maximum cross slope of 1:48,
subject to reasonable and minor variations under extreme and unusual
tidal conditions.
4. Edge protection on each side.
5. A design that ensures that no water will accumulate on walking
surfaces.
6. A rise which may exceed 30 inches.
7. A length which may exceed 30 feet between level landings; provided,
however, that such slope may not exceed 1:12 subject to reasonable and
minor variations under extreme and unusual tidal conditions.
c. Transition plates. Transition plates shall provide or satisfy each
of the following criteria:
1. A maximum slope of 1:12.
2. A minimum clear width of 36 inches.
3. Handrails on each side, where the length of a transition plate
exceeds 24 inches.
4. The transition from the deck to the transition plate may be
vertical without edge treatment up to 1/4 inch. Changes in level between
1/4 inch and 1/2 inch shall be beveled with a slope no greater than 1:2.
5. Transition plates that are 36 inches or less in length shall
support a minimum load of 300 lbs. Transition plates that are greater
than 36 inches in length shall support a minimum load of 100 lbs. per
square foot.
d. On board maneuvering space and clear paths. On board maneuvering
space and clear paths shall provide or satisfy each of the following
criteria:
1. An on board maneuvering space shall be provided adjacent to the
accessible opening in the bulwarks, lifelines, deck rails or toe rails
which is either (i) 60 inches minimum by 60 inches minimum or (ii) 42
inches minimum in depth and starting at one side of the opening and
extending 80 inches minimum in width across the opening (see figure 1,
L-Shaped Space, as set forth in this subdivision).
2. At least one clear path of at least 32 inches in width shall run
from each point of embarkation and disembarkation to all facilities
available to the general public on the level of such water borne
commuter services vessel where such point of embarkation or
disembarkation is located.
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1 |
2 |
3 COPY OF FIGURE 1 |
4 MAY BE OBTAINED FROM: |
5 NYS LEGISLATIVE BILL DRAFTING COMMISSION |
6 CONTACT: LEGISLATIVE RETRIEVAL SYSTEM'S HELPLINE |
7 |
8 |
9____________________________________________________________|
NOTE: A and B = Door Locations
_________________________________
L-Shaped Space
FIGURE 1
e. Clear deck spaces. Clear deck spaces shall provide or satisfy each
of the following criteria:
1. Measure at least 30 inches by at least 48 inches for placement of
wheelchairs, exclusive of legroom for other passengers. Such clear
spaces may also be provided in the form of readily folding or removable
seats.
2. A tie down system that complies with subdivision (f) of this
section.
3. The number of clear deck spaces shall be provided in accordance
with Table 1 of this subdivision and shall be dispersed throughout the
water borne commuter vessel's passenger areas; provided, however, that
at least one such space shall be provided on any outdoor passenger area
on water borne commuter vessels with a passenger capacity of 101 or
more.
Table 1. Clear Deck Spaces
Passenger capacity of water borne commuter vessel Minimum Number
0 to 100 2
101 to 149 4
150 and above 6
4. This subdivision does not apply to spaces reachable only by
vertical or inclined ladder.
f. Tie-down systems. Tie-down systems for securing wheelchairs within
water borne commuter vessels shall provide or satisfy each of the
following criteria:
1. Each tie-down system shall consist of any tie-down system
acceptable for taxi, van or bus transportation as provided under the
United States department of transportation regulations or four d-rings
securely fastened to the deck.
2. Where d-rings are used, lashings, also known as marine-strength
quality rope, shall be provided to secure a wheelchair to the d-rings.
3. Security belts for securing disabled persons in their wheelchairs
for use by disabled persons at their discretion.
g. Toilet rooms. Where one or more toilet rooms are provided on a
water borne commuter vessel at least one such toilet room shall provide
or satisfy each of the following criteria:
1. An entry door with a clear width of at least 32 inches that is
capable of being opened and closed by the occupant.
2. A maneuvering space of at least 48 inches in depth and at least 80
inches in width outside the entry door (see figure 1, subdivision (d));
provided, however, that where the entry door has a clear width of at
least 42 inches, the maneuvering space at the door shall be at least 32
inches by 48 inches.
3. A horizontal grab bar at least 24 inches in length and located 33
inches to 36 inches above the finished deck surface and adjacent to the
toilet; provided, however, that this requirement shall not apply to
those water borne commuter vessels the deck length of which is 48 feet
or less.
4. A toilet positioned 17 inches to 19 inches above the finished deck
surface, measured to the top of the toilet seat.
5. Clear deck space of at least 30 inches by at least 48 inches
adjacent to the toilet.
6. Notwithstanding anything to the contrary contained herein, any
water borne commuter vessel with a passenger capacity of 1000 or more
persons currently scheduled to be decommissioned before November 1, 2005
shall be exempt from the requirements of this subdivision.
h. Vessel loading equipment. Vessel loading equipment shall provide or
satisfy each of the following criteria:
1. A maximum slope of 1:12 where feasible; provided, however, that
where achieving such a maximum slope is not feasible, any vessel loading
equipment exceeding such slope shall comply with the following
additional criteria:
(i) A slope no greater than 1:10.
(ii) Must be designed and operated such that disabled persons are able
to embark onto and disembark from a water borne commuter vessel without
water borne commuter services facilities personnel pushing, carrying,
pulling, lifting or otherwise physically handling disabled persons.
2. Deck surfaces that do not have protrusions from the surface greater
than 1/4 inch.
3. No opening along the bottom surface shall permit passage of a 1/2
inch diameter sphere. Elongated openings shall be placed so that the
long dimension is perpendicular to the predominant direction of travel.
4. Handrails on each side.
5. A minimum clear width of 36 inches, which width shall be measured
between the inside edges of handrails; provided, however, that where
vessel loading equipment leads directly to a point of embarkation or
disembarkation that is permitted to be 32 inches in width under the
terms of this chapter, such vessel loading equipment may narrow to a
width of 32 inches at that end that abuts such 32 inch point of
embarkation or disembarkation.
6. Edge protection on each side.
7. Any vessel loading equipment that is 30 inches or longer in length
shall support a minimum load of 600 lbs. placed at the center of such
vessel loading equipment and distributed over an area of 26 inches by 26
inches, with a safety factor of at least 3 based on the ultimate
strength of the material. Vessel loading equipment shorter than 30
inches shall support a minimum load of 300 lbs.
Section 19-706
§ 19-706 Posting of schedules, rates, departure and arrival
information and complaint number.
a. All schedules, rates, departure and arrival information shall be
posted in accordance with the ADA.
b. Wherever there may be multiple points of embarkation onto a water
borne commuter vessel, operators of water borne commuter services
facilities shall prominently post signage and make regular announcements
notifying passengers of which point of embarkation is part of an
accessible route for each boarding.
c. Operators of water borne commuter services facilities shall post a
sign to be prominently displayed at the ticket counter as well as inside
each water borne commuter vessel in accordance with the ADA and stating
the following:
"ANY COMPLAINTS REGARDING THE ACCESSIBILITY OF THIS FACILITY TO
DISABLED PERSONS MAY BE REPORTED TO THE CITY OF NEW YORK BY DIALING
311."
Section 19-707
§ 19-707 Transportation to and from water borne commuter services
facilities.
a. Seventy-five percent of all buses and vans operated, sponsored,
chartered, leased or otherwise placed into operation within the city of
New York by water borne commuter services facilities operators or their
affiliates as of the date of enactment of the local law that added this
chapter shall meet the standards for accessibility for new vehicles as
set forth in department of transportation regulations at title 49 of the
code of federal regulations, part 38, subpart B by March 1, 2007.
b. One hundred percent of all buses and vans operated, sponsored,
chartered, leased or otherwise placed into operation within the city of
New York by water borne commuter services facilities operators or their
affiliates as of the date of enactment of the local law that added this
chapter shall meet the standards for accessibility for new vehicles as
set forth in department of transportation regulations at title 49 of the
code of federal regulations, part 38, subpart B by December 31, 2008.
c. Buses and vans purchased or newly chartered or leased by water
borne commuter services facilities operators or their affiliates after
the date of enactment of the local law that added this chapter shall
meet the standards for accessibility for new vehicles, as set forth in
department of transportation regulations at title 49 of the code of
federal regulations, part 38, subpart B.
Section 19-708
§ 19-708 Safety and training. Operators shall ensure that an
appropriate number of water borne commuter services facility personnel,
and in no event less than one such person, be aboard each water borne
commuter vessel during all crossings who are trained in appropriate
safety and evacuation procedures for disabled persons.
Section 19-709
§ 19-709 Enforcement. The commission on human rights shall enforce the
provisions of this chapter pursuant to the adjudication and mediation
provisions as set forth in chapter 1 of title 8 of the administrative
code of the city of New York.
Section 19-710
§ 19-710 Violations
a. Any violation of any provision of this chapter or any rules
promulgated hereto shall be liable for a civil penalty of not less than
two hundred and fifty dollars per violation per day for every day that
such violation occurs until such violation is remedied or removed.
b. Penalties imposed pursuant to this section shall not affect any
right or remedy available or civil or criminal penalty applicable under
law to any individual or entity, or in any way diminish or reduce the
remedy or damages recoverable in any action in equity or law before a
court of law with competent jurisdiction.
Section 19-711
§ 19-711 Reporting requirements. The department, the commission on
human rights and operators of any water borne commuter services facility
each shall provide the mayor and the city council with a semiannual
report by January thirty-first and July first of each year setting forth
information regarding compliance and non-compliance with this chapter at
each water borne commuter services facility, as applicable, regulated
pursuant to this chapter. Such information shall include, but not be
limited to, any violations, fines, complaints reported to the city of
New York 311 Citizen Service Center or otherwise reported to the
department, the commission on human rights or operators of any water
borne commuter services facility, litigation instituted as a result of
the provisions of this chapter and a detailed description of safety and
training procedures implemented pursuant to section 19-708 of this
chapter.
Section 19-712
§ 19-712 Severability. If any section, subdivision, sentence, clause,
phrase or other portion of the local law that added this chapter is, for
any reason, declared unconstitutional or invalid, in whole or in part,
by any court of competent jurisdiction such portion shall be deemed
severable, and such unconstitutionality or invalidity shall not affect
the validity of the remaining portions of the local law that added this
chapter, which remaining portions shall continue in full force and
effect.