S T A T E   O F   N E W   Y O R K
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                                  7852

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2009
                               ___________

Introduced  by M. of A. TITUS, ARROYO, BENEDETTO, BENJAMIN, CLARK, COOK,
  ESPAILLAT,  JAFFEE,  KAVANAGH,  LATIMER,  MILLMAN,  PAULIN,   PHEFFER,
  P. RIVERA,   STIRPE,  TITONE,  WEISENBERG,  PEOPLES-STOKES,  GALEF  --
  Multi-Sponsored by --  M.  of  A.  ALFANO,  AMEDORE,  BACALLES,  BALL,
  BARCLAY,  BARRA,  BOYLE,  BRADLEY,  BRENNAN,  CAHILL,  COLTON, CORWIN,
  CROUCH, DESTITO, DUPREY, ERRIGO,  FITZPATRICK,  GIGLIO,  GLICK,  GOTT-
  FRIED,  HAWLEY, HOOPER, JOHN, JORDAN, KOLB, LAVINE, MARKEY, McDONOUGH,
  McENENY, J. MILLER, NOLAN, OAKS, RABBITT,  RAIA,  REILICH,  ROSENTHAL,
  SCOZZAFAVA,  TEDISCO,  THIELE,  TOBACCO,  TOWNSEND,  --  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;

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

A. 7852                             2

  (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;
  (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.