A Local Law amend the New York city charter, in relation to requiring the installation of induction loops systems for certain capital projects paid in whole or in part from the city treasury and requiring the publication of public locations where such systems are available.

Int. No. 882-A

By Council Members Rosenthal, Torres, Eugene, Koo, Koslowitz, Cabrera, Chin, Van Bramer, Crowley, Levin, Reynoso, Palma, Deutsch, Dromm, Menchaca, Cohen, Vallone, Kallos, Johnson and Borelli

A Local Law amend the New York city charter, in relation to requiring the installation of induction loops systems for certain capital projects paid in whole or in part from the city treasury and requiring the publication of public locations where such systems are available.

Be it enacted by the Council as follows:

                                          Section 1.  Chapter 9 of the New York city charter is amended by adding a new section 224.3 to read as follows:

§ 224.3 Induction loop systems. a. As used in this section, the following terms have the following meanings:

Assembly area. The term “assembly area” means an assembly area, as defined in section 106.5 of the 2010 Americans with Disabilities Act standards for accessible design, in which audible communication is integral to the use of the space, except that such term shall not include classrooms in schools; facilities primarily used to deploy first responders, courthouses and outdoor facilities such as athletic fields and stadiums.

Baseline construction cost. The term "baseline construction cost" means the total cost of a proposed capital project not including the cost of installing an assistive listening system.

Capital project. The term "capital project" means a capital project as defined in section 210 of this chapter that is paid for in whole or in part from the city treasury.

b. Each capital project with an estimated baseline construction cost of $950,000  or more involving the construction or reconstruction of one or more assembly areas shall be designed and constructed to include in at least one assembly area the installation of an induction loop assistive listening system that complies with section N102 of appendix N of the New York city building code, or an alternative assistive listening system that complies with appendix N of the New York city building code that has been determined by the mayor in accordance with subdivision i of this section to be  significantly more effective for the hard of hearing than an induction loop system. Each security, information, or reception desk used for the checking-in or screening of persons attending a meeting or event held in a looped assembly area shall be equipped with microloops. This section shall not apply to a capital project involving the reconstruction of an assembly area if the estimated cost of installing an induction loop system or alternative system exceeds 5% of the baseline construction cost of the project.

c. Directional signage that includes guidance to an assistive listening assembly area, including raised graphics and letters with Braille descriptors, must be provided in accordance with section 1110.2 of the New York city building code, and other signage indicating any special accessibility features must be provided in accordance with section 1110.3 of such code.  

d. The entrance to any building containing an assistive listening assembly area and any security, information, or reception area used for the checking-in or screening of persons attending a meeting or event held in such assembly area shall display the international symbol of access for hearing loss pursuant to figure 703.6.3.3 of ICC A117.1-2009 and a “T” in the lower right-hand corner of such symbol indicating the availability of an induction loop system or a symbol indicating an alternative system if applicable.

e. No later than July 1, 2018, the mayor or an office or agency designated by the mayor shall post on its website the locations of facilities owned or operated by the city at which an assistive listening system such as an induction loop, infrared, FM, or other type of system, is permanently available or in the process of being installed, as well as which type of assistive listening system is permanently available or in the process of being installed, including the cost associated with installation of new assistive listening systems. The list shall be updated annually thereafter.

f. This section shall not apply to capital projects involving the construction or reconstruction of assembly areas that are not owned by the city unless 50 percent or more of the estimated cost of such project is to be paid for out of the city treasury, provided that this exemption shall not apply to any capital project that receives $1,000,000 or more out of the city treasury.

g. The mayor may exempt from this section projects accounting for up to 20% of the capital dollars in each fiscal year subject to this section for the installation of assistive listening systems if in his or her sole judgment such exemption is necessary in the public interest.  At the conclusion of each fiscal year the mayor shall report to the council the exemptions granted pursuant to this section, including the basis for such exemption.

h. The mayor or an office or agency designated by the mayor shall promulgate rules to carry out the provisions of this section.

i. Where the mayor determines, after consulting with experts in the field of hearing disabilities and assistive listening systems and advocates for people who are hard of hearing, that there is new technology with respect to an assistive listening system that makes such system significantly more effective than an induction loop system, the mayor may promulgate a rule allowing the use of such system as an alternative to an induction loop system in accordance with subdivision b.

§ 2. This local law takes effect on January 1, 2018, and applies to projects for which an application for construction document approval is filed with the department of buildings on and after such date, except that prior to such effective date the mayor or office or agency designated by the mayor shall take all actions necessary for the timely implementation of this local law, including the promulgation of rules.

LS 2333

NKA/AES

3/8/2017