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

                                  10841

                          I N  A S S E M B L Y

                             April 23, 2010
                               ___________

Introduced  by  M.  of  A. CUSICK, BING, TITUS, PAULIN, PHEFFER, STIRPE,
  BENJAMIN, MILLMAN, ORTIZ, WEISENBERG, JAFFEE, M. MILLER, ARROYO, CRES-
  PO, BENEDETTO, CAHILL, MARKEY, KOON, SCHROEDER, SPANO  --  Multi-Spon-
  sored  by  --  M.  of A. ABBATE, COOK, GABRYSZAK, GIBSON, GLICK, GOTT-
  FRIED, HIKIND, HOOPER, JOHN, MAGEE, McENENY, MENG, REILLY -- read once
  and referred to the Committee on Governmental Operations

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 NEW
YORK STATE COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR  PERSONS  WITH
DISABILITIES.
  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
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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08524-01-9
              

A. 10841                            2

  (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.