Chapter 7 - ACCESSIBLE WATER BORNE COMMUTER SERVICES FACILITIES TRANSPORTATION ACT

Section 19-701

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

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

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

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

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.

   ______________________________________________________________
   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

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

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

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

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

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

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

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.