senate Bill S3925A

Establishes emergency evacuation plan for individuals with disabilities; and establishes $500 fine for failure to comply

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 27 / Feb / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 29 / Apr / 2014
    • AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 29 / Apr / 2014
    • PRINT NUMBER 3925A

Summary

Establishes an emergency evacuation plan for individuals with disabilities; establishes $500 fine for failure to comply with such plan within one year of the effective date.

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Bill Details

See Assembly Version of this Bill:
A8817A
Versions:
S3925
S3925A
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Executive Law
Laws Affected:
Add ยงยง378-a & 378-b, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3490, A6658
2009-2010: S8069, A7852
2007-2008: A7105, S3801, A7105

Sponsor Memo

BILL NUMBER:S3925A

TITLE OF BILL: An act to amend the executive law, in relation to
establishing and maintaining an emergency evacuation plan for
individuals with disabilities

PURPOSE OR GENERAL IDEA OF BILL: To ensure that there is an efficient
emergency evacuation plan for people with disabilities who work or
live in high-rise buildings in New York State.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill amends the executive law by adding two new
sections 378-a and 378-b. Section 378-a updates chapter four of the
New York state fire code as it pertains to fire safety and emergency
evacuation for persons with disabilities. The State Fire Prevention
and Building Code Council (SFPBCC), after consulting with the
independent agency as described in subdivision (b) of section five
hundred fifty-eight of this chapter, shall write regulations for
establishing and maintaining emergency evacuation plans. These plans
are to include the procedures for evacuating individuals with
disabilities and a list of the people who have notified the owner of
their need for assistance along with their floor and room numbers.
There is a provision in this section to ensure that all lists that are
generated are maintained only for the purpose of an emergency
evacuation and shall not be disseminated for any other purpose.
Furthermore, each plan would also have to identify any evacuation
assistance devices or assistive technologies available and provide for
areas of rescue assistance to be labeled in accordance with the
Federal Americans with Disabilities Act guidelines.

New section 378-b makes it the responsibility of high rise building
owners to create an emergency evacuation plan in accordance to the
regulations set forth by the SFPBCC. Building owners shall be
responsible for filing a copy of the plan with the Department of State
no later than one year after the effective date of this bill and with
filing an updated copy annually thereafter. Provisions are made for
specific areas where copies would have to be placed within the
building for local law enforcement and fire safety personnel.
Furthermore, copies of the plan shall be made available in accessible
formats, upon request. Failure to comply with these sections of law
shall carry a civil penalty of up to $500.

Section two provides that this act shall take effect on the ninetieth
day after it shall have become law; provided, however, that high-rise
building owners shall have one year from the effective date of this
act to establish an emergency evacuation plan.

JUSTIFICATION: Since the tragedy of September 11th, awareness and
education of high rise building evacuation plans have been heightened,
yet little is specified dealing with evacuating people with
disabilities in the event of an emergency. Most people with
disabilities, specifically those with mobility and/or sensory
impairments, rely on elevators to exit a building, making independent
evacuation during an emergency impossible for these individuals
because elevator use is prohibited. In the effort to create safer
environments in the buildings most difficult to vacate, this bill


requires every high-rise building owner to establish and maintain an
emergency evacuation plan for disabled occupants and visitors of the
building. Additionally, the building owner will be responsible for
maintaining and updating the emergency evacuation plan for persons
with disabilities as necessary and ensuring that such plan is readily
available to emergency personnel.

To ensure compliance, a fine of $500 is imposed for any building owner
who does not comply with the requirements set forth in this bill.

PRIOR LEGISLATIVE HISTORY: 2006: A.10361 (Passed Assembly); 2008:
A.7105 (Passed Assembly); 2009: A.7852 (Passed Assembly); 2010 A.10841
(Passed Assembly); 2012: A.6658 (Passed Assembly); 2014: A.6445
(Enacting Clause Stricken)

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it becomes law; provided, however, that high-rise building owners
shall have one year from the effective date of this act to establish
an emergency evacuation plan.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3925--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  ESPAILLAT, KRUEGER, MONTGOMERY,
  PERKINS, SAVINO, STAVISKY -- read twice and ordered printed, and  when
  printed  to be committed to the Committee on Housing, Construction and
  Community Development -- recommitted  to  the  Committee  on  Housing,
  Construction  and Community Development in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN ACT to amend the executive law, in relation to establishing and main-
  taining an emergency evacuation plan for individuals with disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by  adding  two  new  sections
378-a and 378-b to read as follows:
  S  378-A.  STANDARDS  FOR EMERGENCY PLANNING AND PREPAREDNESS. 1.  THE
STATE FIRE PREVENTION AND BUILDING CODE  COUNCIL  SHALL  UPDATE  CHAPTER
FOUR  OF  THE  NEW  YORK STATE FIRE CODE, TITLED "EMERGENCY PLANNING AND
PREPAREDNESS", TO ENSURE EMERGENCY EVACUATION DRILLS,  FIRE  SAFETY  AND
EMERGENCY  EVACUATION  PLANS, EMPLOYEE TRAINING AND RESPONSE PROCEDURES,
HAZARD COMMUNICATION, AND USE AND  OCCUPANCY-RELATED  STANDARDS  ADDRESS
THE  NEEDS  OF  INDIVIDUALS  WITH  DISABILITIES. THE PROCESS OF UPDATING
CHAPTER FOUR OF THE NEW YORK STATE FIRE CODE AS IT PERTAINS TO THE NEEDS
OF PERSONS WITH DISABILITIES SHALL BE  DONE  IN  CONSULTATION  WITH  THE
INDEPENDENT  AGENCY  AS  DESCRIBED  IN  SUBDIVISION  (B) OF SECTION FIVE
HUNDRED FIFTY-EIGHT OF THIS CHAPTER.
  2. THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL  SHALL  PROMUL-
GATE  REGULATIONS  TO  REQUIRE  THE FOLLOWING ELEMENTS TO BE INCLUDED IN
EACH EMERGENCY EVACUATION PLAN:
  (A) PROCEDURES FOR EVACUATING INDIVIDUALS WITH DISABILITIES;
  (B) A LIST OF INDIVIDUALS WITH  DISABILITIES  WHO  HAVE  NOTIFIED  THE
OWNER  THAT  THEY ARE DISABLED AND WOULD REQUIRE ASSISTANCE IN THE EVENT
OF AN EMERGENCY. THE LIST SHALL INCLUDE THE FLOOR AND ROOM  NUMBER  THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03314-03-4

S. 3925--A                          2

THE INDIVIDUAL WITH A DISABILITY OCCUPIES WITHIN THE BUILDING. SUCH LIST
SHALL ONLY BE MAINTAINED FOR THE PURPOSE OF AN EMERGENCY EVACUATION, AND
SHALL NOT BE DISSEMINATED FOR ANY OTHER PURPOSE;
  (C)  A  NOTIFICATION MECHANISM TO THE OCCUPANTS THAT A LIST OF PERSONS
WITH DISABILITIES IN NEED OF ASSISTANCE IN CASE OF AN  EMERGENCY  EXISTS
AND  IS  MAINTAINED  BY  THE OWNER AND THE METHOD BY WHICH OCCUPANTS CAN
PLACE THEIR NAME ON SUCH LIST;
  (D) THE LOCATION AND TYPE OF EVACUATION ASSISTANCE DEVICES  OR  ASSIS-
TIVE TECHNOLOGIES THAT ARE AVAILABLE WITHIN THE BUILDING; AND
  (E)  AREAS  OF  RESCUE.  THESE AREAS SHALL BE IDENTIFIED BY SIGNS THAT
STATE "AREA OF RESCUE ASSISTANCE" AND DISPLAY THE  INTERNATIONAL  SYMBOL
OF  ACCESSIBILITY.  LETTERING  MUST BE PERMANENT AND COMPLY WITH FEDERAL
AMERICANS WITH DISABILITIES ACT GUIDELINES.
  S 378-B. EMERGENCY EVACUATION PLAN. 1. NOTWITHSTANDING  ANY  PROVISION
OF  LAW  TO  THE  CONTRARY,  IT  SHALL  BE  THE DUTY OF EVERY OWNER OF A
HIGH-RISE BUILDING, AS DEFINED IN SECTION  FOUR  HUNDRED  THREE  OF  THE
BUILDING  CODE OF NEW YORK STATE, TO ESTABLISH AND MAINTAIN AN EMERGENCY
EVACUATION PLAN AS  PROVIDED  FOR  IN  REGULATIONS  ISSUED  PURSUANT  TO
SECTION THREE HUNDRED SEVENTY-EIGHT-A OF THIS ARTICLE.
  2.  SUCH OWNER SHALL MAKE THE PLAN AVAILABLE IN A LARGE-PRINT DOCUMENT
(18-POINT FONT SIZE OR LARGER) AND BRAILLE (GRADE II) UPON REQUEST TO:
  (A) LOCAL LAW ENFORCEMENT AND FIRE SAFETY PERSONNEL; AND
  (B) EMPLOYEES, TENANTS, OR GUESTS LOCATED IN THE HIGH-RISE BUILDING.
  3. A COPY OF SUCH PLAN SHALL BE MAINTAINED AT ALL  TIMES  IN  A  PLACE
EASILY  ACCESSIBLE  BY  LAW  ENFORCEMENT  AND/OR  FIRE SAFETY PERSONNEL,
INCLUDING BUT NOT LIMITED TO THE MANAGEMENT OFFICE, THE  SECURITY  DESK,
IN THE VICINITY OF THE FIREFIGHTER'S ELEVATOR RECALL KEY, THE LIFE SAFE-
TY  PANEL, OR THE FIRE PUMP ROOM. IN THE ABSENCE OF ANY OF THE LOCATIONS
LISTED IN THIS SUBDIVISION, A COPY OF SUCH PLAN SHALL BE POSTED  IN  THE
FRONT ENTRY OF THE BUILDING.
  4.  ON  AN  ANNUAL  BASIS, EVERY HIGH-RISE BUILDING OWNER SHALL UPDATE
SUCH EMERGENCY EVACUATION PLAN  AND  PROVIDE  OCCUPANTS  WITH  A  NOTICE
DETAILING THE PROVISIONS OF THE EMERGENCY EVACUATION PLAN.
  5.  A  COPY  OF  SUCH PLAN SHALL BE FILED WITH THE DEPARTMENT OF STATE
WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION,  AND  AN  UPDATED
EMERGENCY  EVACUATION  PLAN  SHALL BE FILED WITH THE DEPARTMENT OF STATE
ANNUALLY THEREAFTER.
  6. OWNERS LOCATED IN MUNICIPALITIES WITH  A  POPULATION  OF  OVER  ONE
MILLION ARE EXEMPT FROM DEVELOPING SUCH PLAN IF SUCH MUNICIPALITIES HAVE
ORDINANCES,  RULES, CODES OR REGULATIONS THAT ESTABLISH EMERGENCY EVACU-
ATION PROCEDURES SPECIFICALLY FOR PEOPLE WITH DISABILITIES IN  HIGH-RISE
BUILDINGS.
  7.  KNOWING  FAILURE  TO COMPLY WITH ANY PROVISION WITHIN THIS SECTION
SHALL BE PUNISHABLE BY A CIVIL PENALTY OF UP TO FIVE HUNDRED DOLLARS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law;  provided, however, that high-rise building owners
shall have one year from the effective date of this act to establish  an
emergency evacuation plan.

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