§ 2-19 Bicycle Access in Office Buildings.
RCNY § 2-19
(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.
(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.
(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.
(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.
(f)Posting.
(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.
(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)
