NY State Assembly Bill 2009-A9756

Assembly Bill A9756

2009-2010 Legislative Session

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

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 14, 2010	enacting clause stricken
Jan 21, 2010	referred to governmental operations

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2009-A9756 (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Add §§378-a & 378-b, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6658
2013-2014: A6445, A8817
2015-2016: A2200
2017-2018: A6287, A10201

2009-A9756 (ACTIVE) - Summary

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

2009-A9756 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9756

TITLE OF BILL:  An act to amend the executive law, in relation to estab-
lishing 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 consult-
ing with the New York State Commission on Quality of Care and Advocacy
for Persons with Disabilities, 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 identi-
fy 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 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 educa-
tion 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 diffi-
cult to vacate, this bill requires every high-rise building owner to
establish and maintain an emergency evacuation plan for disabled occu-
pants and visitors of the building. Additionally, the building owner
will be responsible for maintaining and updating the emergency evacu-
ation 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.

HISTORY OF PRIOR LEGISLATION:  2006 - A. 10361 (Passed Assembly); 200708
- A.7105 (Passed Assembly); 2009 - A. 7852 (Passed Assembly)

FISCAL IMPLEMENTATIONS: 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 emer-
gency evacuation plan.

2009-A9756 (ACTIVE) - Bill Text download pdf

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

                                  9756

                          I N  A S S E M B L Y

                            January 21, 2010
                               ___________

Introduced  by M. of A. BING, PHEFFER, STIRPE, BENJAMIN, MILLMAN, ORTIZ,
  WEISENBERG -- Multi-Sponsored by -- M. of A. BALL,  BRENNAN,  CALHOUN,
  CORWIN,  CROUCH,  FITZPATRICK,  GLICK,  JORDAN, KOON, LIFTON, LUPARDO,
  McENENY,  MOLINARO,  REILICH,  TEDISCO,  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;
  (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

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

                                                           LBD08524-01-9

A. 9756                             2

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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Assembly Bill A9756

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Sponsored By

BING

Archive: Last Bill Status - Stricken

co-Sponsors

Audrey Pheffer

Albert A. Stirpe

Michael Benjamin

Joan Millman

multi-Sponsors

Greg Ball

James F. Brennan

Nancy Calhoun

Jane Corwin

2009-A9756 (ACTIVE) - Details

2009-A9756 (ACTIVE) - Summary

2009-A9756 (ACTIVE) - Sponsor Memo

2009-A9756 (ACTIVE) - Bill Text download pdf

Comments