In follow up to our recent article, How Building Owners Can Comply with NYC’s Bike Accessibility Laws for Office Buildings, we have provided an update on recent actions taken by the Department of Transportation (DOT) related to bicycles in office buildings.
On September 12, 2017, the DOT promulgated changes in rules for bicycle access to address certain issues with both tenant bicycle storage in buildings and denial of service by owners.
Local Law 105 and 107 of 2016 amended Article 504 – Bicycle Access to Office Buildings, of the NYC Administrative Code (part of the NYC Construction Codes) and became effective on September 28, 2016. These changes in the Administrative Code also amended Sec. 2 – 19, of Title 34 (Dept. of Transportation) of the Rules of the City of New York and, in general, sought to expand opportunities for people to use bicycles in NYC.
The following changes to NYC’s bike rules were made:
- The definitions “accessible level” and “control” have been eliminated, while new definitions for “foldable bicycle” and “owner” have been added.
- New requirements for bicycle access plans, such as providing at least one freight elevator that enhances the opportunities for tenants to transport their bicycles to and from buildings, have been added.
- The requirements for amending bicycle access plans and the exceptions from providing a bicycle access plan were updated. Clarifications were made related to exception or denial determinations and the filing of a bicycle access plan.
- There are new requirements for the posting of a bicycle access plan indicating when tenants or subtenants are entitled to access.
- New provisions were added to address foldable bicycles access and the identification of emergency conditions that would restrict the transportation of bicycles or foldable bicycles.
- There is a new provision that allows owners to restrict or limit bicycle access if an owner is issued a violation that results from storage of a bicycle in an area of the building that is under the control of a tenant/subtenant.
If you have additional questions about NYC’s updated bicycle access in buildings laws, please contact Milrose’s DOT Department and we will be more than happy to assist you.
