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Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/052.
This section shall apply to buildings that satisfy each of the following conditions: (i) the main occupancy of such building is offices that are classified as occupancy group B, (ii) such building was in existence on December 11, 2009, or a permit for such building has been issued on or before such date but such building has not yet been completed, (iii) such building has a freight elevator that either complies with ASME A17.1 with regard to the carrying of passengers on freight elevators, as referenced in chapter 35 of the New York city building code, or is operated by a freight elevator operator, and (iv) is not subject to the bicycle parking provisions of section 25-80, 36-70 and 44-60 of the New York city zoning resolution. It shall be presumed that if a freight elevator is available for carrying freight, it is available for carrying bicycles.
(Am. L.L. 2016/105, 9/28/2016, eff. 9/28/2016; Am. L.L. 2016/107, 9/28/2016, eff. 9/28/2016; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/052 and L.L. 2021/126.
The tenant or subtenant of a building to which this section is applicable may request in writing, on a form provided by the department of transportation, that the owner of such building complete a bicycle access plan in accordance with section 28-504.1.2 and provide bicycle access in accordance with such plan. Such request shall include a certification by such tenant or subtenant that there is sufficient space within such tenant's or subtenant's premises to store the requested number of bicycles in a manner that does not violate the building or fire code or any other applicable law, rule or code, or which would impede ingress or egress to such premises or building. Such request shall be sent to such owner by certified mail, return receipt requested, and a copy of the request shall be filed with the department of transportation.
(Am. L.L. 2016/105, 9/28/2016, eff. 9/28/2016; Am. L.L. 2016/107, 9/28/2016, eff. 9/28/2016; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/052 and L.L. 2021/126.
Bicycle access plans shall comply with sections 28-504.1.2.1 through 28-504.1.2.4.
(Am. L.L. 2016/105, 9/28/2016, eff. 9/28/2016; Am. L.L. 2016/107, 9/28/2016, eff. 9/28/2016; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/052 and L.L. 2021/126.
Where a request for a bicycle access plan has been submitted pursuant to this section, the owner of such building shall, within 30 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 28-504.1.3.
(Am. L.L. 2016/105, 9/28/2016, eff. 9/28/2016; Am. L.L. 2016/107, 9/28/2016, eff. 9/28/2016)
A bicycle access plan shall be completed on a form provided by the department of transportation and shall include, at a minimum:
1. Provisions for at least one freight elevator to satisfy each of the following conditions:
1.1. Such elevator will be made available for bicycle access for each building tenant or subtenant, and employees thereof, during the regular operating hours of such elevator;
1.2. Bicycles will be allowed to be transported to and from such elevator along each route that is used to transport freight to and from such elevator, to the extent practicable and where such routes do not present substantial safety risks;
1.3. No escort by building personnel will be required for a person transporting a bicycle to or from such elevator if no such escort is required when a person is transporting freight to or from such elevator; and
1.4. A person transporting a bicycle to or from such elevator, and any package or other material in such person's possession, shall be subject to the same or substantially similar security measures applicable to other persons entering such building or such elevator;
2. Provisions allowing bicycles to be brought in or out of such building using one or more designated passenger elevators at any time when no freight elevator satisfying the conditions of item 1 is operational;
3. The location of building entrances;
4. The route to freight elevators that accommodate bicycle access;
5. The route to a designated area for bicycle parking on an accessible level if such bicycle parking is made available;
6. A notice to tenants and subtenants informing them of their responsibilities in regards to bicycle storage; and
7. Such other information as the department of transportation may require.
(Am. L.L. 2016/105, 9/28/2016, eff. 9/28/2016; Am. L.L. 2016/107, 9/28/2016, eff. 9/28/2016; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
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