NY State Senate Bill S2590

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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In Committee
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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development returned to senate died in assembly
May 30, 2019	referred to governmental operations delivered to assembly passed senate
May 29, 2019	advanced to third reading
May 22, 2019	2nd report cal.
May 21, 2019	1st report cal.880
Jan 28, 2019	referred to housing, construction and community development

Votes

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May 30, 2019 - floor Vote

S2590

floor

Aye

Nay

Absent

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May 21, 2019 - Housing, Construction and Community Development committee Vote

S2590

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: May 21, 2019

aye (9)

aye wr (2)

Co-Sponsors

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S2590 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Add §§378-a & 378-b, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8069
2011-2012: S3490
2013-2014: S3925
2015-2016: S2244
2017-2018: S768
2021-2022: S1104
2023-2024: S264

S2590 (ACTIVE) - 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.

S2590 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2590

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing and main-
taining 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 evacu-
ation 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 assist-
ance to be labeled in accordance with the Federal Americans with Disa-
bilities 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 regu-
lations 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 spec-
ified 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 build-
ing, 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 main-
tain 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 avail-
able 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); S8069 Stewart-Cousins Died in Housing

2012: A.6658 (Passed Assembly); S3490 Stewart-Cousins Died in Housing

2014: A.6445 (Enacting Clause Stricken)

2013-14: S.3925A - Died in Housing; Passed Assembly A8817-A Weprin

2015-16: 5.2244 - Died in Housing; Passed Assembly A2200 Weprin

2017-18: S768A - Passed Senate 6/19/18;Passed Assembly A10201-A Skoufis

5/30/18 Recalled and Amended on Third Reading

 
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.

S2590 (ACTIVE) - Bill Text download pdf


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

                                  2590

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, LIU, SEPULVEDA -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Housing, Construction and Community Development

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:
  §  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
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.
                                                           LBD05063-01-9

S. 2590                             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.
  §  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  EVACU-
ATION  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.
  §  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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The New York State Senate

senate Bill S2590

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Your Voice

Actions

Votes

May 30, 2019 - floor Vote

Floor Vote: May 30, 2019

May 21, 2019 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: May 21, 2019

Co-Sponsors

S2590 (ACTIVE) - Details

S2590 (ACTIVE) - Summary

S2590 (ACTIVE) - Sponsor Memo

S2590 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2590

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Your Voice

Actions

Votes

May 30, 2019 - floor Vote

Floor Vote: May 30, 2019

May 21, 2019 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: May 21, 2019

Co-Sponsors

S2590 (ACTIVE) - Details

S2590 (ACTIVE) - Summary

S2590 (ACTIVE) - Sponsor Memo

S2590 (ACTIVE) - Bill Text download pdf

Comments