|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Aug 01, 2012||
|Jul 20, 2012||
delivered to governor
|Jun 21, 2012||
returned to senate
ordered to third reading rules cal.572
substituted for a10677
|Jun 18, 2012||
referred to labor
delivered to assembly
ordered to third reading cal.1297
|Jun 13, 2012||
referred to rules
senate Bill S7677Signed By Governor
Requires employers to provide emergency escape systems to firefighters
Archive: Last Bill Status - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (11)
Jun 18, 2012 - floor VoteS7677560floor56Aye0Nay0Absent6Excused0Abstained
show floor vote details
Floor Vote: Jun 18, 2012aye (56)
Jun 18, 2012 - Rules committee VoteS7677230committee23Aye0Nay0Aye with Reservations0Absent2Excused0Abstained
- show floor vote details
S7677 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
- Labor Law
- Laws Affected:
- Amd §27-a, Lab L
S7677 - Bill Texts
Requires employers to provide emergency escape systems to firefighters.
view sponsor memo
TITLE OF BILL:
An act to amend the labor law, in relation to requiring employers to
provide emergency escape systems to firefighters
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would require employers to provide emergency escape
systems to firefighters.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 states that any employer except a city with one million or
more people who employs a firefighter determined to be at risk of
entrapment at elevations shall provide emergency escape systems for use
by such firefighter.
Further requires the commissioner to identify whether firefighters
employed by a municipality would be exposed to the entrapment at
elevated levels, identify those firefighters who would be exposed, and
to determine the appropriate emergency escape systems.
Further this section ensures that firefighters emergency escape systems
are continuously inspected and in proper shape.
Section 2 is the effective date.
On January 23, 2005, six (6) New York City Firefighters were caught on
the fourth floor of a burning building in the Bronx. The firefighters,
however, were not equipped with proper emergency escape components. All
six (6) men were forced to jump from the building, resulting in serious
injury to four (4) and the death of two (2). This incident has become
commonly referred to as "Black Sunday" in the firefighting community.
In response to the Black Sunday incident, the Legislature eventually
enacted Chapter 433 of the Laws of 2008 ("Chapter 433"), which required,
among other things, that the commissioner of the Department of Labor
(the "Commissioner") to promulgate regulations to adopt the codes, stan-
dards, and recommended practices promulgated by the "most recent"
edition (i.e., the 2006 edition) of the National Fire Protection Associ-
ation ("NFPA") 1983 Standard on Fire Service Life Safety Rope And System
Components. NFPA standards, however, are continually changing in order
to maintain pace with advancements in technology. By restricting the
Commissioner to the 2006 edition of the NFPA 1983 Standard, Chapter 433
has, in effect, hampered the Commissioner's ability to effectively
respond to changes in technology, which could have the unintended effect
of putting firefighters' lives at risk. In addition, firefighters carry
certain standard equipment, which may be used during a self rescue
escape, that may not be covered by the NFPA 1983 Standard. For example,
it is an accepted practice for a firefighter to carry a Halligan bar
(also called a Halligan tool) into a building. To be sure, in most fire
companies, firefighters do not enter a building without one. One of the
many accepted uses for the Halligan bar is for a firefighter to use it
during a self rescue escape - i.e., the exact situation covered by Chap-
ter 433. It is an accepted practice (and one that is taught during
training) for a firefighter who faces a self rescue/escape situation to
jam or wedge his Halligan bar into a wall or a corner as an anchor
point, tie off his rope to it and proceed to extract himself out a
window. The problem, however, is that a Halligan bar is currently not
covered by the NFPA 1983. In effect what Chapter 433 has inadvertently
done is to prevent the firefighting community to use equipment generally
recognized as acceptable because it is not covered by the NFPA 1983
Standard on Fire Service Life Safety Rope And System Components. This
Bill will provide the firefighting community with the latitude to effec-
tively respond to the needs of their locality, to consider appropriate
alternatives and to provide communities with the flexibility to equip
their firefighters with equipment that best suits their unique needs.
PRIOR LEGISLATIVE HISTORY:
None to the state
This act shall take effect in 30 days.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 7677 I N S E N A T E June 13, 2012 ___________ Introduced by Sens. GRISANTI, MARTINS, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the labor law, in relation to requiring employers to provide emergency escape systems to firefighters THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph c of subdivision 4 of section 27-a of the labor law, as amended by chapter 433 of the laws of 2007, is amended to read as follows: c. Except for an employer located in a city with a population of over one million, any employer who employs a firefighter DETERMINED TO BE AT RISK OF ENTRAPMENT AT ELEVATIONS PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER, shall provide [safety ropes and system components] EMERGENCY ESCAPE SYSTEMS for use by such firefighter. The commissioner shall by rule [adopt] IDENTIFY the codes, standards and recommended practices [promulgated by the most recent edition] of THE National Fire Protection Association [1983, Standard on Fire Service Life Safety Rope and System Components, and] AND OTHER APPROPRIATE STANDARDS APPROVED BY THE COMMISSIONER as are appropriate to the nature of the risk to which the firefighter shall be exposed AND SHALL, AT A MINIMUM, INCLUDE IN SUCH RULE LANGUAGE REQUIRING EMPLOYERS TO (1) IDENTIFY WHETHER FIRE- FIGHTERS EMPLOYED BY THEM WOULD BE EXPOSED TO THE HAZARD OF ENTRAPMENT AT ELEVATED SURFACES; (2) IDENTIFY THOSE FIREFIGHTERS WHO WOULD BE EXPOSED TO THE HAZARD; AND (3) DETERMINE THE APPROPRIATE EMERGENCY ESCAPE SYSTEMS TO ADDRESS THE HAZARD. Such [safety ropes and system components] EMERGENCY ESCAPE SYSTEMS shall be adequate to protect the health and safety of the firefighter. The employer shall ensure that the firefighter is instructed in the proper use of the [safety ropes and system components] EMERGENCY ESCAPE SYSTEMS. AS USED IN THIS SUBDIVI- SION, THE TERM "ENTRAPMENT AT ELEVATIONS" SHALL MEAN A SITUATION WHERE A FIRE OR OTHER EMERGENCY CONDITIONS REQUIRE A FIREFIGHTER INSIDE A STRUC- TURE TO IMMEDIATELY EXIT THE STRUCTURE BUT WHERE SUCH CONDITIONS MAKE THE NORMAL ROUTE OF EXIT UNUSABLE, THEREBY REQUIRING THE FIREFIGHTER TO EXIT THE STRUCTURE FROM AN OPENING THAT IS NOT DESIGNED AS AN EXIT AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16238-02-2 S. 7677 2 IS ABOVE THE GROUND FLOOR OR AT AN ELEVATION ABOVE THE SURROUNDING TERRAIN THAT WOULD REASONABLY BE EXPECTED TO CAUSE INJURY TO A FIRE- FIGHTER EXITING BY MEANS OF THIS OPENING WITHOUT ANY EMERGENCY ESCAPE SYSTEMS. AS USED IN THIS SUBDIVISION, THE TERM "EMERGENCY ESCAPE SYSTEM" SHALL MEAN SAFETY ROPES AND SYSTEM COMPONENTS AND ANY OTHER SYSTEM THAT (1) IS COMPLIANT WITH THE CODES, STANDARDS AND RECOMMENDED PRACTICES OF THE NATIONAL FIRE PROTECTION ASSOCIATION OR OTHER APPROPRIATE STANDARD IDENTIFIED BY THE COMMISSIONER THROUGH REGULATION, AS A MEANS OF EMER- GENCY SELF-RESCUE FROM AN ABOVE GRADE, IMMEDIATELY HAZARDOUS ENVIRON- MENT, (2) HAS BEEN CERTIFIED BY A NATIONALLY RECOGNIZED SAFETY TESTING AND CERTIFICATION ORGANIZATION, AND (3) THE COMMISSIONER HAS RECOGNIZED THROUGH REGULATION. In order to ensure the adequacy of the [safety ropes and system compo- nents] EMERGENCY ESCAPE SYSTEMS, the employer must routinely inspect and ensure that: (1) Existing [safety ropes and system components] EMERGENCY ESCAPE SYSTEMS meet the codes, standards and recommended practices adopted by the commissioner. (2) Existing [safety ropes and system components] EMERGENCY ESCAPE SYSTEMS still perform their function and to identify any of their limi- tations such as but not limited to: (i) Checking the labels or stamps on the equipment; and (ii) Checking any documentation or equipment specifications; and (iii) Contacting the supplier or the approval agency; (3) Firefighters are informed of the limitations of [any safety ropes and system components] EMERGENCY ESCAPE SYSTEMS; (4) Firefighters are not allowed or required to use any [safety ropes or system components] EMERGENCY ESCAPE SYSTEMS beyond their limitations; (5) Existing and new [safety ropes and system components] EMERGENCY ESCAPE SYSTEMS have no visible defects that limit their safe use; (6) [Safety ropes and system components] EMERGENCY ESCAPE SYSTEMS are used, cleaned, maintained and stored according to manufacturer's instructions; (7) The firefighter is instructed in identifying to the employer any defects that the firefighter may find in [safety ropes and system compo- nents] EMERGENCY ESCAPE SYSTEMS; and (8) Any identified defects are corrected or immediate action is taken by the employer to eliminate the use of this equipment. S 2. This act shall take effect on the thirtieth day after it shall have become a law.
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