(a) Definitions. For purposes of this section, the following terms shall have the following meanings:
Available. "Available" means accessible for use by bicyclists on whose behalf the tenant or subtenant has requested bicycle access.
Covered. "Covered" means enveloped by a roof or functional equivalent. For purposes of this definition, "roof" means the outer cover and its supporting structures on the top of a building.
Foldable bicycle. "Foldable bicycle" means a bicycle designed to fold into a compact assembly not exceeding 20 inches (508 mm) by 36 inches (914 mm) by 32 inches (813 mm).
Indoor. "Indoor" means situated in the interior of or within a building that is within four blocks or one thousand feet (304.8 m), whichever is less, of the building for which a bicycle access plan is requested.
Off-street. "Off-street" means located in an area other than the roadway or the public sidewalk within four blocks or one thousand (304.8 m) feet, whichever is less, of the building for which a bicycle access plan is requested.
Owner. "Owner" means the owner of the office building or such other person who controls such building and their agents.
Secure. "Secure" means that (i) the entry to or exit from the alternate bicycle parking is locked or supervised by building personnel and permitted only to (A) the owner and (B) bicycle owners on whose behalf the tenant or subtenant has requested bicycle access, and (ii) a bicycle owner can lock a bicycle to a fixed object (including, but not limited to, a bicycle rack) such that the bicycle is protected from damage or theft.
(b) Bicycle Access Plan.
(1) Request for Bicycle Access.
(i) The tenant or subtenant of an office building, as defined in Administrative Code § 28-504.1, may submit a request for bicycle access, in writing on a form provided by the Department, to the owner of such office building. Such request must 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 New York City 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 must be submitted by certified mail, return receipt requested.
(ii) The tenant or subtenant must file a copy of any request for bicycle access with the Department. Such request may be filed electronically by submitting it through the Department's website (www.nyc.govbikesinbuildings) or by submitting such request by regular mail to the Department of Transportation, 55 Water Street, 9th Floor, New York, NY 10041, Attention: Bikes in Buildings Program.
(iii) The owner of such office building must complete and implement a bicycle access plan for such building within thirty (30) days after receipt of a written request from such tenant or subtenant of such building.
(iv) The owner of the building may request an exception to the requirements of Administrative Code § 28-504.1.2 in accordance with subdivision (d) of this section.
(2) Contents of Bicycle Access Plan.
(i) Requirements. The bicycle access plan prepared by the owner of a building must, for bicyclists on whose behalf the tenant or subtenant has requested bicycle access, include but not be limited to:
A. provisions for at least one freight elevator that meets each of the following conditions:
1. such elevator will be made available for bicycle access for each building tenant or subtenant and employees thereof, who requests such access, during the regular operating hours of such elevator;
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;
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
4. a person transporting a bicycle to or from such elevator, and any package or other material in such person's possession, will be subject to the same or substantially similar security measures applicable to other persons entering such building or such elevator.
B. provisions allowing bicycles to be brought in or out of such building using one or more designated passenger elevators when the freight elevator described in Subparagraph (A) is not operational and at any time outside the regular operating hours of the freight elevator described in Subparagraph (A).
C. information about the location of building entrances;
D. information about the route to freight elevators that accommodate bicycle access;
E. the route to a designated area for bicycle parking on an accessible level if such bicycle parking is made available; and
F. a notice to tenants and subtenants informing them of their responsibilities with respect to bicycle storage.
(ii) For purposes of these rules it shall be presumed that if a freight elevator in the building is available for carrying freight, it is available for carrying a bicycle for purposes of providing bicycle access.
(iii) Bicycle access shall be available, at minimum, during the regular operating hours of the freight elevator in the event that such elevator is used for bicycle access.
(iv) Upon receiving and reviewing its copy of a request for a bicycle access plan that has been filed in accordance with subparagraph (ii) of paragraph one of subdivision (b) of this section, the Department may require that additional information be included in the plan because it has determined that such information is appropriate for the particular building in question.
(c) Amendments to plan. The owner of a building must either create a new plan or amend a plan as needed (1) to address changed circumstances which warrant a revision in a particular tenant's or subtenant's plan, or in a plan that is applicable to all tenants; or (2) to accommodate new requests from other tenants or subtenants requesting bicycle access. Should such owner of a building elect to amend a bicycle access plan pursuant to this section, such plan must be amended within thirty (30) days of receiving a request for bicycle access. Any such amendments that may materially affect the bicycle access plan shall be completed and implemented within thirty (30) days of the changed circumstances or to accommodate new requests from other tenants or subtenants requesting bicycle access, and do not preclude the requirement to comply with the provisions of this section. All amendments must be filed with the Department pursuant to the provisions of Subdivision (g) of this section.
(d) Exceptions.
(1) Bicycle access need not be provided if an owner of a building applies to the Commissioner for, and is granted, a letter of exception as set forth below. Such request must be sent by certified mail, return receipt requested within fifteen (15) days after such owner has received a request for a bicycle access plan to the Department of Transportation, 55 Water Street, 9th Floor, New York, NY 10041, Attention: Bikes in Buildings Program, and certifies the following:
(i) no freight elevator in such building is available because unique circumstances exist involving substantial safety risks directly related to the use of each such elevator pursuant to Administrative Code § 28-504.1.3(1) ("Exception 1"); or
(ii) there is sufficient secure alternate covered off-street no-cost bicycle parking within four blocks or 1,000 feet (304.8m), whichever is less; or there is sufficient secure alternate indoor no-cost bicycle parking available on the premises or within four blocks or 1,000 feet (304.8m), whichever is less, of such building to accommodate all tenants or subtenants of such building requesting bicycle access and that such off-street parking is accessible on a 24-hour basis pursuant to Administrative Code § 28-504.1.3(2) ("Exception 2"). The number of bicycle parking spaces available must be at least equal to the number of bicycles contained in the bicycle access tenant requests.
(2) A request for Exception 1 shall include the basis for requesting such an exception and shall also include but not be limited to the following supporting documentation:
(i) A certification from a professional engineer who is licensed and registered in New York State. Such certification shall include but not be limited to the following facts:
(A) The date the building was constructed;
(B) The date the elevator was installed;
(C) The method of elevator door closing;
(D) Whether the elevator is self-service or there is an operator;
(E) Whether there is a car top;
(F) Whether there is a car gate or door; and
(G) The professional engineer's license number.
(ii) Upon receiving and reviewing a request based on Exception 1, the Department may require that additional information be submitted in support of the request because it has determined that such information is appropriate for the particular building in question.
(3) A request for Exception 2 must include the basis for requesting such an exception and must also include but not be limited to the following supporting documentation:
(i) Proof that secure alternate covered off-street no-cost bicycle parking or secure alternate indoor no-cost bicycle parking is available to or under the control of the owner of the building. Such proof may include but not be limited to a copy of a deed, lease, title, permit or contract evidencing such control.
(ii) The route to the secure alternate covered off-street no-cost bicycle parking that is within four blocks or 1,000 feet (304.8m), whichever is less; or the route to the secure alternate indoor no-cost bicycle parking available on the premises or is within four blocks or 1,000 feet (304.8m), whichever is less, of such building.
(iii) Upon receiving and reviewing a request based on Exception 2, the Department may require that additional information be submitted in support of the request because it has determined that such information is appropriate for the particular building in question.
(4) Pending the Department's inspection, review and determination of a request for a letter of exception, an owner of a building will be exempt from complying with the requirements of this section.
(e) Inspection and determination.
(1) If Exception 1 is sought: After conducting an inspection of the building and freight elevator, the Commissioner of the Department of Buildings will thereafter issue a final determination to the Department as to whether to grant Exception 1. Such final determination will be included in the Department's letter of exception or denial sent to the owner.
(2) If Exception 2 is sought: After conducting an inspection in consultation with the Department of Buildings of the secure alternate covered off-street no-cost bicycle parking or the secure alternate indoor no-cost bicycle parking, the Commissioner shall thereafter issue a final determination as to whether to grant Exception 2.
(3) A letter of exception or denial must be sent by the Department by certified mail, return receipt requested, to the owner.
(4) If a letter of denial is sent, a bicycle access plan must be posted within twenty (20) days after receipt of such letter.
(f) Posting.
(1) The owner of a building for which a bicycle access plan has been adopted must post in such building either a current bicycle access plan or a notice in the building lobby indicating that the plan is available in the building manager's office upon request. The posting of such plan or notice must be made within five (5) days after completion of such plan. Such posting or notice must indicate that other tenants or subtenants are entitled to access according to the plan upon request, provided such tenants and subtenants, upon making such request, certify 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 New York City Building or Fire Codes or any other applicable law, rule or code, or which would impede ingress or egress to such building.
(2) The owner of a building for which an exception to the bicycle access plan requirement has been granted must post in such building the letter of exception provided by the Commissioner pursuant to subdivision (d) of this section, or a notice in the building lobby indicating that such letter of exception is available in the building manager's office upon request. The posting of such letter or notice must be made within five (5) days after receipt of such letter of exception.
(3) Bicycle access plans, letters of exception and notices of availability of either such documents shall be made available to the Department, the Department of Buildings or authorized representatives of any other City agency upon request.
(g) Filing of bicycle access plan and subsequent amendments with the Department. A bicycle access plan must be filed with the Department by electronic submission through the Department's website (www.nyc.gov/bikesinbuildings) or by regular mail to the Department of Transportation, 55 Water Street, 9th Floor, New York, NY 10041, Attention: Bikes in Buildings Program, within ten (10) days of completion of such plan. Should the owner of a building amend their bicycle access plan pursuant to Subdivision (c) of this section, such amendment must be filed with the Department as outlined above within ten (10) business days of completion of such amendment.
(h) Foldable bicycle access. It is unlawful for an owner of a building the main occupancy of which is offices that are classified in occupancy group B to prohibit a tenant or subtenant from transporting a foldable bicycle to or from such tenant or subtenants space on a passenger elevator, provided that such bicycle is fully folded.
(i) Emergencies. In an emergency that requires the evacuation of all or part of a building, the owner may limit or restrict bicycles and foldable bicycles from being transported through any means of egress.
(j) Restriction or limitation on bicycle access. If the owner of a building is issued a violation of the New York City Administrative Code or the New York City Fire Code, or a rule promulgated thereunder, arising from the storage of a bicycle, and such owner shows that such violation occurred in an area of such building that is under the control of a tenant or subtenant, such owner may restrict or limit bicycle access under the bicycle access plan for such tenant or subtenant.
(Amended City Record 10/5/2017, eff. 11/4/2017)