§ 51. Construction of public buildings. 1. (a) In addition to any other requirements respecting the construction of a public building and facilities thereof, the new construction, reconstruction, rehabilitation, alteration or improvement of all such buildings and facilities shall conform to the requirements of the state building construction code relating to facilities for the physically handicapped, except work already completed, work in progress, or work for which schematic designs have been approved by the effective date of this act. This section shall not be effective if its provisions will impair the structural stability of the public building or its facilities.

Terms Used In N.Y. Public Buildings Law 51

  • Facilities: shall mean and include those facilities as defined in the provisions of the state building construction code relating to facilities for the physically handicapped. See N.Y. Public Buildings Law 50
  • Physically handicapped: means

    (a) impairment requiring confinement to a wheel chair; or

    (b) impairment causing difficulty or insecurity in walking or climbing stairs or requiring the use of braces, crutches or other artificial supports; or impairment caused by amputation, arthritis, spastic condition or pulmonary, cardiac or other ills rendering the individual semi-ambulatory; or

    (c) total or partial impairment of hearing or sight causing insecurity or likelihood of exposure to danger in public places; or

    (d) impairment due to conditions of aging and incoordination. See N.Y. Public Buildings Law 50
  • Public building: means any building or portion thereof, other than a privately owned residential structure, public housing structure, police, fire or correction structure, constructed wholly or partially with state or municipal funds, whether tax funds, funds obtained through bond issues or grants or loans under any state law, which is likely to be used by physically handicapped persons, including, but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreation facilities, transportation terminals and stations, factories, office buildings and business establishments. See N.Y. Public Buildings Law 50
  • State: shall mean the state of New York and any state board, bureau, commission, department, authority, division, officer or public benefit corporation. See N.Y. Public Buildings Law 50

* (b) This section shall not apply to the reconstruction, rehabilitation, alteration or improvement of rapid transit terminals or stations in New York city, which shall be governed by subdivision two of this section.

* 2. With respect to the reconstruction, rehabilitation, alteration or improvement of any rapid transit terminal or station of the New York city transit authority or of the Staten Island rapid transit operating authority, the obligations of such authorities for complying with the requirements of the state building construction code relating to facilities for individuals with disabilities shall be limited to its compliance with the requirements of subdivision three of § 15-b of the transportation law.

* NB The provisions of par (b) of sub. 1 and sub. 2 are subject to expiration on July 26, 2020 if the Metropolitan Transportation Authority does not comply with the provisions of sub. 3 of sec. 15-b of the transportation law.