Section 28-504.1
§ 28-504.1 Applicability. This article shall apply to buildings, the
main occupancy of which is offices, that (i) are in existence on the
effective date of this article, or for which a permit has been issued
but which have not yet been completed, and (ii) have a freight elevator
that either complies with ASME 17.1 with regard to the carrying of
passengers on freight elevators, as referenced in chapter thirty-five of
the New York city building code, or is operated by a freight elevator
operator, and (iii) are not subject to the bicycle parking provisions of
sections 25-80, 36-70 and 44-60 of the zoning resolution of the city of
New York. It shall be presumed that if a freight elevator is available
for carrying freight, it is available for carrying bicycles.
Section 28-504.2
§ 28-504.2 Request for bicycle access. The tenant or subtenant of a
building to which this article is applicable may request in writing, on
a form provided by the department of transportation, that the owner,
lessee, manager or other person who controls such building complete a
bicycle access plan in accordance with section 28-504.3. Such request
shall be sent to the owner, lessee, manager or other person who controls
such building by certified mail, return receipt requested, and a copy of
the request shall be filed with the department of transportation.
Section 28-504.3
§ 28-504.3 Bicycle access plan.
1. Where a request for a bicycle access plan has been submitted
pursuant to this article, the owner, lessee, manager or other person in
control of the building shall within thirty days after receipt of such
request complete and implement a bicycle access plan or provide to the
tenant or subtenant a copy of the request for an exception that has been
filed with the department of transportation in accordance with section
28-504.4.
2. A plan shall be completed on a form provided by the department of
transportation and shall include, at a minimum: the location of
entrances; route to freight elevators that accommodate bicycle access;
the route to a designated area for bicycle parking on an accessible
level if such bicycle parking is made available; and such other
information as the department may require. The plan shall provide that
bicycle access is available, at a minimum, during the regular operating
hours of the freight elevator, if such freight elevator is used for
bicycle access in such building. Bicycle access shall be granted to the
requesting tenant or subtenant and its employees in accordance with such
plan.
3. The plan may be amended from time to time to accommodate requests
from other tenants or subtenants to provide bicycle access pursuant to
this article.
Section 28-504.4
§ 28-504.4 Exceptions. Bicycle access need not be provided pursuant to
this article if an owner, lessee, manager or other person who controls a
building applies to the commissioner of transportation for an exception,
on a form provided by the department of transportation and sent to the
department of transportation by certified mail, return receipt
requested, within fifteen days of receipt of a request for a bicycle
access plan, and certifies that either:
1. The building's freight elevator is not available for the use
described in this article because unique circumstances exist involving
substantial safety risks directly related to the use of such elevator.
Such application shall include the reasons for such assertion and
supporting documentation.
or
2. There is sufficient secure alternate covered off-street or
sufficient secure alternate indoor no-cost bicycle parking available on
the premises or within three blocks or seven hundred fifty feet,
whichever is less, of such building to accommodate all tenants or
subtenants of such building requesting bicycle access. Such application
shall include supporting documentation for such assertion, including
proof that such alternate off-street or indoor parking is available to
or under the control of such owner, lessee, manager or other person who
controls the building.
If an exception is sought for the reasons set forth in subdivision one
of this section, the department shall conduct an inspection of the
building and freight elevator and shall thereafter issue a final
determination as to whether to grant an exception. If an exception is
sought for the reasons set forth in subdivision two of this section, the
department, in consultation with the department of transportation, shall
thereafter conduct an inspection of the secure alternate covered
off-street or secure indoor no-cost bicycle parking and the department
of transportation shall thereafter issue a final determination as to
whether to grant an exception. In either event, a letter of exception or
denial shall be sent by certified mail, return receipt requested, to the
owner, lessee, manager, or other person in control of the building. If
the exception is denied, a bicycle access plan shall be posted within
twenty days of receipt of such determination. Failure to timely post a
bicycle access plan shall be cause for the issuance of a violation.
Section 28-504.5
§ 28-504.5 Emergencies. In an emergency, whenever elevator use is
prohibited, bicycles shall not be permitted to be transported through
any means of egress.
Section 28-504.6
§ 28-504.6 Posting and availability of bicycle access plan or letter
of exception.
1. Every owner, lessee, manager or other person in control of a
building subject to this article shall either post in such building each
bicycle access plan that is in effect, notifying the requesting tenants
and subtenants of their right to bicycle access in accordance with such
plan, or shall post a notice in the building lobby indicating that such
plan is available in the office of the building manager upon request.
Either such posting shall be made within five days of completion and
implementation of such plan.
2. Every owner, lessee, manager or other person in control of such
building shall post in such building any letter of exception granted by
the commissioner or commissioner of transportation, including the basis
or bases for the exception and, if applicable, the route to alternate
off-street or indoor parking, as provided in section 28-504.4, or shall
post a notice in the building lobby indicating that such letter is
available in the office of the building manager upon request. Either
such posting shall be made within five days of receipt of such letter of
exception.
3. Plans, letters of exception or notices of availability of either
shall be posted in a prominent location easily visible to a building's
tenants, subtenants and the building's employees, and shall be made
available upon request by the department, the department of
transportation or authorized representatives of any other city agency.
Section 28-504.7
§ 28-504.7 Filing of plan. The department or department of
transportation may require that plans implemented pursuant to the
provisions of this article be filed with either such agency.
Section 28-504.8
§ 28-504.8 Construction. Nothing in this article shall be construed to
require an owner, lessee, manager or other person who is in control of a
building governed by this article to provide space for bicycles brought
into such building or to permit a bicycle to be parked in a manner that
violates building or fire codes or any other applicable law, rule or
code, or which otherwise impedes ingress or egress to such building.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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