S T A T E O F N E W Y O R K
________________________________________________________________________
S. 550 A. 1562
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 7, 2009
___________
IN SENATE -- Introduced by Sens. BRESLIN, KRUEGER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Finance
IN ASSEMBLY -- Introduced by M. of A. CANESTRARI -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to enacting the educa-
tional buildings balanced fire safety act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "educa-
tional buildings balanced fire safety act".
S 2. Article 18-A of the executive law is relettered article 18-B and
a new article 18-A is added to read as follows:
ARTICLE 18-A
EDUCATIONAL BUILDINGS BALANCED
FIRE SAFETY ACT
SECTION 385. LEGISLATIVE FINDINGS.
385-A. DEFINITIONS.
385-B. REGULATIONS.
385-C. ENFORCEMENT.
385-D. CONSTRUCTION WITH OTHER LAWS; SEVERABILITY.
S 385. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT FIRES THAT
COULD HAVE BEEN PREVENTED OR CONTAINED HAVE TRAGICALLY CUT DOWN STUDENTS
IN THE PRIME OF THEIR LIVES. SCHOOLS SHOULD BE A SAFE PLACE FROM THE
RAVAGES OF FIRE AND UNWANTED ENVIRONMENTAL CONCERNS OVER QUALITY OF
BUILDING CONSTRUCTION. THE LEGISLATURE FURTHER FINDS THAT EDUCATIONAL
FACILITIES HOUSING K THROUGH TWELVE STUDENTS POSE A SIGNIFICANT FIRE
RISK GIVEN THE HIGH DENSITY OF STUDENTS OF VARIOUS AGES AND CAPABILI-
TIES. A DEPENDABLE AND BALANCED APPROACH TO FIRE SAFETY REQUIRES EARLY
WARNING DETECTION AND ALARMS, FIRE CONTROL AND FIRE CONTAINMENT VIA FIRE
RESISTIVE COMPARTMENTS. SPRINKLERS AND FIRE ALARM SYSTEMS ARE HIGHLY
EFFECTIVE WHEN PROPERLY INSPECTED AND MAINTAINED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03587-01-9
S. 550 2 A. 1562
THE LEGISLATURE ALSO FINDS THAT A BALANCED APPROACH TO FIRE SAFETY
EMPLOYS A COMBINATION OF FIRE PROTECTION STRATEGIES INCLUDING FIRE
RESISTIVE CONSTRUCTION, WELL DEFINED EXITING PATHS, SPRINKLERS AND FIRE
ALARM SYSTEMS. CONTAINING FIRE SPREAD WITH FIRE RESISTIVE CONSTRUCTION
PROVIDES A CRITICAL BASIC CORNERSTONE ENHANCING THE SAFETY AND WELL-BE-
ING OF STUDENTS, FACULTY AND VISITORS. SUBDIVIDING A FACILITY INTO
COMPARTMENTS WITH FIRE RESISTIVE CONSTRUCTION ALLOWS EXTRA TIME FOR
OCCUPANTS TO ESCAPE, CREATES TEMPORARY AREAS OF REFUGE AND ALLOWS TIME
FOR EMERGENCY RESPONDERS TO ENGAGE IN RESCUE AND ATTACK A FIRE. SUBDI-
VISIONS OF SPACES WITH BUILDING MATERIALS HAVING PROVEN FIRE RESISTANCE
CAPABILITY ALSO ENHANCES THE SOUND LIMITING PERFORMANCE OF THE
CONSTRUCTION ELEMENT DUE TO THE UNIQUE, MULTIPLE BENEFIT PROPERTIES OF
NON-COMBUSTIBLE MATERIALS. FIRE RESISTIVE CONSTRUCTION DOES NOT CONTRIB-
UTE TO THE EXPECTED FIRE LOAD OR ADD DEADLY, TOXIC SMOKE AND GASES.
ADDITIONALLY, FIRE RESISTIVE CONSTRUCTION WITHSTANDS THE HEAT AND
RAVAGES OF FIRE AS WELL AS THE IMPACT OF WATER FROM A FIREFIGHTER'S HOSE
STREAM. THIS TYPE OF CONSTRUCTION PROTECTS OCCUPANTS AND FIREFIGHTERS
FROM STRUCTURAL COLLAPSE CAUSED BY FIRE WEAKENED BUILDING ELEMENTS. FIRE
RESISTIVE WALLS MUST BE MOLD RESISTANT AND OF ACOUSTICALLY SOUND
CONSTRUCTION SO THAT ON A DAY TO DAY BASIS STUDENTS ARE WITHIN A LEARN-
ING ENVIRONMENT THAT IS HEALTHY AND FREE OF UNWARRANTED DISTRACTIONS
FROM OTHER ACTIVITIES WITHIN THE BUILDING.
THE LEGISLATURE FINDS THAT BUILDINGS CONSTRUCTED OF LESS DURABLE
CONSTRUCTION INCREASES THE LIFE CYCLE COST OF THE STRUCTURE AND REDUCES
INDOOR QUALITY THUS PLACING AN ADDED BURDEN ON THE TAXPAYER. THE
STUDENTS AND TEACHERS OF NEW YORK STATE ARE A VITAL RESOURCE AND REPRE-
SENT THE FUTURE OF THIS STATE AND COUNTRY. TRAINING YOUNG MINDS TO LEAD
THIS STATE AND COUNTRY THROUGH THE TWENTY-FIRST CENTURY SHOULD BE A SAFE
AND REWARDING EXPERIENCE. UNFORTUNATELY STUDENTS IN HIGHLY POPULATED
AREAS ARE ESPECIALLY SUSCEPTIBLE TO THE RAVAGES OF FIRE. FIRE PROTECTION
OF STUDENTS AND TEACHERS RELIES UPON A BALANCED APPROACH TO FIRE SAFETY
INCLUDING EARLY WARNING DETECTION THROUGH A FIRE ALARM SYSTEM, FIRE
CONTROL BY SPRINKLERS, READILY AVAILABLE MEANS OF ESCAPE AND FIRE/SMOKE
CONTAINMENT VIA FIRE RESISTIVE COMPARTMENTS. MANY STUDENTS AND TEACHERS
REQUIRE EXTRA TIME TO EVACUATE IN A FIRE EMERGENCY OR CANNOT BE EVACU-
ATED AT ALL. CONTAINING FIRE SPREAD WITH FIRE RESISTIVE AND ACOUSTICALLY
SOUND CONSTRUCTION PROVIDES A CRITICAL CORNERSTONE TO THE SAFETY, WELL-
BEING AND QUIET ENJOYMENT OF STUDENTS AND TEACHERS. USING MATERIALS THAT
DO NOT PROMOTE THE GROWTH OF MOLD CREATES A SAFER INDOOR ENVIRONMENT AND
REDUCES LIFE CYCLE COSTS. FIRE RESISTIVE MATERIALS READILY PERFORM FOR
FIFTY YEARS OR MORE, PROVIDING A SUBSTANTIALLY GREATER SERVICE LIFE AS
COMPARED TO POROUS, CORROSIVE AND MORE BRITTLE CONSTRUCTION SUSCEPTIBLE
TO MOLD ATTACK, RUSTING, ROTTING AND DAMAGE.
IN ADDITION, THE LEGISLATURE FINDS THAT SUBDIVIDING A BUILDING INTO
STRATEGIC COMPARTMENTS USING FIRE RESISTIVE CONSTRUCTION ALLOWS FOR
EXTRA TIME TO ESCAPE, PROVIDES TEMPORARY AREAS OF REFUGE AND ALLOWS TIME
FOR EMERGENCY RESPONSE TO EFFECTUATE RESCUE AND FIREFIGHTING. COMPART-
MENTALIZATION OR SUBDIVISION OF SPACE UTILIZING BUILDING MATERIALS
HAVING HIGH FIRE RESISTANCE ALSO ENHANCES THE SOUND LIMITING PERFORMANCE
OF THE CONSTRUCTION ELEMENT DUE TO THE UNIQUE, MULTIPLE BENEFIT PROPER-
TIES OF NON-COMBUSTIBLE MATERIALS. FIRE RESISTIVE CONSTRUCTION DOES NOT
CONTRIBUTE TO THE EXPECTED FIRE LOAD IN BUILDING OR ADD DEADLY, TOXIC
SMOKE AND GASES TO THE AIR WHILE OCCUPANTS ESCAPE. FIRE RESISTIVE
CONSTRUCTION IS INHERENTLY MORE STRUCTURALLY STABLE AND WITHSTANDS THE
HEAT AND RAVAGES OF FIRE. FIRE RESISTIVE CONSTRUCTION PROTECTS OCCUPANTS
AND FIREFIGHTERS FROM STRUCTURAL COLLAPSE CAUSED BY FIRE WEAKENED
S. 550 3 A. 1562
CONSTRUCTION. MOISTURE INTRUSION AND WATER DAMAGE IN BUILDINGS IS ONE OF
THE MOST SIGNIFICANT CAUSES OF MOLD GROWTH ATTRIBUTING TO POOR INDOOR
AIR QUALITY AND THE DETERIORATION OF BUILDING MATERIALS.
S 385-A. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "AUTHORITY HAVING JURISDICTION" MEANS THE ORGANIZATION, OFFICE OR
INDIVIDUAL RESPONSIBLE FOR APPROVING EQUIPMENT AND CONSTRUCTION.
2. "BUILDING" MEANS ANY STRUCTURE USED OR INTENDED FOR SUPPORTING OR
SHELTERING ANY USE OR OCCUPANCY.
3. "BUILDING CODE" MEANS THE PROVISIONS GOVERNING THE CONSTRUCTION,
ALTERATION, ENLARGEMENT, REPLACEMENT, REPAIR, EQUIPMENT, USE AND OCCU-
PANCY, LOCATION, MAINTENANCE, REMOVAL AND DEMOLITION OF EVERY BUILDING
OR STRUCTURE OR ANY APPURTENANCES CONNECTED OR ATTACHED TO SUCH BUILD-
INGS OR STRUCTURES.
4. "EXISTING BUILDING" MEANS A BUILDING ERECTED OR OFFICIALLY AUTHOR-
IZED PRIOR TO THE EFFECTIVE DAY OF THIS ARTICLE. ADDITIONS, ALTERATIONS
OR REPAIRS TO ANY BUILDING OR STRUCTURE SHALL CONFORM TO THE REQUIRE-
MENTS OF THE STATE BUILDING CONSTRUCTION CODE, THE STATE BUILDING
CONSERVATION FIRE PREVENTION CODE AND THE STATE UNIFORM FIRE PREVENTION
AND BUILDING CODE ACT FOR NEW CONSTRUCTION AND THIS ARTICLE.
5. "NEW CONSTRUCTION" MEANS A BUILDING OR CONSTRUCTION ERECTED OR
OFFICIALLY AUTHORIZED AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND MEET-
ING THE REQUIREMENTS OF THE STATE BUILDING CONSTRUCTION CODE, THE STATE
BUILDING CONSERVATION FIRE PREVENTION CODE OR THE STATE UNIFORM FIRE
PREVENTION AND BUILDING CODE.
6. "COMBUSTIBLE" MEANS A MATERIAL THAT, IN THE FORM IN WHICH IT IS
USED AND UNDER THE CONDITIONS ANTICIPATED WILL IGNITE AND BURN OR A
MATERIAL THAT DOES NOT MEET THE DEFINITION OF NONCOMBUSTIBLE.
7. "EDUCATIONAL FACILITY" MEANS THE USE OF A BUILDING OR STRUCTURE, OR
A PORTION THEREOF, BY SIX OR MORE PERSONS AT ANY ONE TIME FOR EDUCA-
TIONAL PURPOSES THROUGH THE TWELFTH GRADE.
8. "FIRE COMPARTMENT" MEANS A SPACE WITHIN A BUILDING THAT IS ENCLOSED
BY FIRE PARTITIONS ON ALL SIDES, INCLUDING THE TOP AND BOTTOM.
9. "FIRE PARTITION" MEANS A THREE HOUR FIRE RESISTANCE RATED, NONCOM-
BUSTIBLE, FIRE RESISTIVE VERTICAL FIRE SEPARATION ASSEMBLY DESIGNED TO
RESTRICT THE SPREAD OF FIRE IN WHICH OPENINGS ARE PROTECTED. FIRE PARTI-
TIONS SHALL BE CONSTRUCTED OF NONPOROUS OR PAPER LINED MATERIALS.
10. "FIRE RESISTANCE RATING" MEANS THE PERIOD OF TIME A BUILDING
ELEMENT, COMPONENT OR ASSEMBLY MAINTAINS THE ABILITY TO CONFINE A FIRE,
WITHSTAND A HOSE STREAM FOR THE EQUIVALENT TIME PERIOD OF THE FIRE EXPO-
SURE USING A SINGLE SPECIMEN, AND CONTINUES TO PERFORM A GIVEN STRUCTURE
FUNCTION AS DETERMINED BY THE TEST METHODS PRESCRIBED IN "ASTM E 119 -
STANDARD METHODS OF TESTING OF FIRE ENDURANCE OF BUILDING CONSTRUCTIONS
AND MATERIALS."
11. "FIRE RESISTIVE CONSTRUCTION" MEANS STRUCTURAL ELEMENTS COMPRISED
OF NON-COMBUSTIBLE MATERIALS INCLUDING STRUCTURAL STEEL, IRON, CONCRETE
OR MASONRY AND OTHER MATERIALS THAT DO NOT SUPPORT COMBUSTION.
12. "FIRE WALL" MEANS A FOUR HOUR FIRE RESISTANCE RATED WALL HAVING
PROTECTED OPENINGS, WHICH RESTRICTS THE SPREAD OF FIRE AND EXTENDS
CONTINUOUSLY FROM THE FOUNDATION TO OR THROUGH THE ROOF, WITH SUFFICIENT
STRUCTURAL STABILITY UNDER FIRE CONDITIONS TO ALLOW A COLLAPSE OF
CONSTRUCTION ON EITHER SIDE WITHOUT COLLAPSE OF THE WALL.
13. "FIRE ALARM SYSTEM" MEANS A SYSTEM OR PORTION OF A COMBINATION
SYSTEM CONSISTING OF COMPONENTS AND CIRCUITS ARRANGED TO MONITOR AND
ANNUNCIATE THE STATUS OF FIRE ALARM OR SUPERVISORY SIGNAL-INITIATING
DEVICES AND TO INITIATE THE APPROPRIATE RESPONSE TO THOSE SIGNALS.
S. 550 4 A. 1562
14. "NON-COMBUSTIBLE MATERIAL" MEANS A MATERIAL THAT, IN THE FORM IN
WHICH IT IS USED AND UNDER THE CONDITIONS ANTICIPATED, WILL NOT IGNITE,
BURN, SUPPORT COMBUSTION OR RELEASE FLAMMABLE VAPORS WHEN SUBJECT TO
FIRE OR HEAT. MATERIALS THAT ARE REPORTED AS PASSING "ASTM E - 136 STAN-
DARD TEST METHOD FOR BEHAVIOR OF MATERIALS IN A VERTICAL TUBE FURNACE AT
750° C", SHALL BE CONSIDERED NON-COMBUSTIBLE MATERIALS.
15. "STUDENT" MEANS AN INDIVIDUAL LEARNER WHO IS ENROLLED IN AN EDUCA-
TIONAL INSTITUTION K THROUGH TWELFTH GRADE.
16. "SOUND TRANSMISSION COEFFICIENT" MEANS THE VALUE ASSIGNED TO A
MATERIAL'S ABILITY TO MINIMIZE SOUND TRANSMISSION AS PART OF A BUILDING
SYSTEM.
17. "AUTOMATIC SPRINKLER SYSTEM" MEANS A SPRINKLER SYSTEM FOR FIRE
PROTECTING PURPOSES THAT IS AN INTEGRATED SYSTEM OF UNDERGROUND AND
OVERHEAD PIPING DESIGNED IN ACCORDANCE WITH FIRE PROTECTION ENGINEERING
STANDARDS. A SYSTEM REQUIRES A SUITABLE WATER SUPPLY. THE PORTION OF THE
SYSTEM ABOVE GROUND IS A NETWORK OF SPECIALLY OR HYDRAULICALLY DESIGNED
PIPING INSTALLED IN A BUILDING, TO WHICH THE AUTOMATIC SPRINKLERS ARE
CONNECTED IN A SYSTEMATIC PATTERN. THE SYSTEM IS USUALLY ACTIVATED BY
HEAT FROM A FIRE AND DISCHARGES WATER OVER THE DESIGNATED AREA.
S 385-B. REGULATIONS. 1. THE CHAIRPERSON OF THE STATE FIRE PREVENTION
AND BUILDING CODE COUNCIL SHALL, AS MUCH AS FEASIBLY POSSIBLE, IMPLEMENT
THE PROVISIONS OF THIS SECTION INTO THE BUILDING CODE SPECIFICALLY
DESIGNED TO FOSTER FIRE SAFE EDUCATIONAL FACILITIES PROTECTING THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE STATE. THE PROVISIONS
OF THIS ARTICLE SHALL BE DESIGNED FOR USE THROUGHOUT THE STATE AND SHALL
HAVE PARTICULAR APPLICATION TO EDUCATIONAL FACILITIES. THE PROVISIONS OF
THIS ARTICLE SHALL BE APPLICABLE TO NEW BUILDINGS AND CONSTRUCTION
RELATED TO ALTERATIONS AND REMODELING THAT REQUIRES A BUILDING PERMIT.
THE PROVISIONS OF THIS ARTICLE SHALL BE IN ADDITION TO AND SHALL SUPPLE-
MENT THE STATE BUILDING CONSTRUCTION CODE, THE STATE BUILDING CONSERVA-
TION AND FIRE PREVENTION CODE AND THE UNIFORM FIRE PREVENTION AND BUILD-
ING CODE AND SHALL BE ENFORCED PURSUANT TO SECTION THREE HUNDRED
EIGHTY-FIVE-C OF THIS ARTICLE.
2. ALL NEW EDUCATIONAL CONSTRUCTION AS DEFINED IN SUBDIVISION FIVE OF
SECTION THREE HUNDRED EIGHTY-FIVE-A OF THIS ARTICLE SHALL BE NON-COM-
BUSTIBLE FIRE RESISTIVE CONSTRUCTION CONSTRUCTED PURSUANT TO THE BUILD-
ING CODE.
3. ADDITIONS, ALTERATIONS OR REPAIRS TO ANY BUILDING OR STRUCTURE
SHALL CONFORM TO THE REQUIREMENTS OF THE BUILDING CODE FOR NEW
CONSTRUCTION AND OF THIS ARTICLE.
4. BUILDINGS PROTECTED WITH AN AUTOMATIC SPRINKLER SYSTEM AND IN
COMPLIANCE WITH THIS SECTION MAY BE OF ANY CONSTRUCTION TYPE PERMITTED
BY THE BUILDING CODE.
5. A FIRE PARTITION CONSTRUCTED OF FIRE RESISTIVE CONSTRUCTION SHALL
BE REQUIRED IN ALL NEW BUILDINGS AND THE REMODELING AND ALTERATION
CONSTRUCTION OF EXISTING BUILDINGS OR PORTIONS THEREOF USED FOR EDUCA-
TIONAL PURPOSES AS DEFINED IN SUBDIVISION FOUR OF SECTION THREE HUNDRED
EIGHTY-FIVE-A OF THIS ARTICLE. SPECIFICALLY FIRE PARTITIONS SHALL BE
REQUIRED IN THE FOLLOWING LOCATIONS:
(A) BETWEEN EACH INDIVIDUAL LIVING UNIT IN A FIRE COMPARTMENT;
(B) ALL EXIT CORRIDORS;
(C) ALL ENCLOSED EXIT STAIRWAYS;
(D) OCCUPANCY SEPARATIONS PURSUANT TO THE BUILDING CODE;
(E) EXTERIOR LOAD BEARING WALLS;
(F) INTERIOR LOAD BEARING WALLS; AND
(G) WALLS SEPARATING CLASSROOMS USED FOR EDUCATIONAL PURPOSES.
S. 550 5 A. 1562
6. FIRE WALLS SHALL BE CONSTRUCTED OF FIRE RESISTIVE CONSTRUCTION AND
SHALL HAVE A MINIMUM FOUR HOUR FIRE RESISTANCE RATING. ALL OTHER FIRE
RATED PARTITIONS SHALL HAVE A MINIMUM HOURLY RATING OF TWO HOURS.
7. OPENINGS IN FIRE PARTITIONS AND FIRE WALLS SHALL BE PROTECTED IN
ACCORDANCE WITH THE BUILDING CODE.
8. FIRE PARTITIONS AND FIRE WALLS SHALL HAVE A SOUND TRANSMISSION
COEFFICIENT OF FIFTY OR GREATER WHEN TESTED IN ACCORDANCE WITH "ASTM
E90-TEST METHOD FOR LABORATORY MEASUREMENT OF AIRBORNE SOUND TRANS-
MISSION LOSS OF BUILDING PARTITIONS."
9. BUILDINGS PROTECTED WITH AN AUTOMATIC SPRINKLER SYSTEM AND IN
COMPLIANCE WITH SUBDIVISIONS TWO AND THREE OF THIS SUBDIVISION SHALL BE
ALLOWED TO BE OF UNLIMITED AREA AND INCREASE THE BUILDING HEIGHT BY
TWENTY-FIVE PERCENT. REDUCTIONS IN THE HOURLY RATING OF FIRE PARTITIONS
AND FIRE WALLS ARE NOT PERMITTED WHEN THE SPACE IS ALSO PROTECTED BY AN
ACTIVE SPRINKLER SYSTEM.
10. ALL FLOOR ASSEMBLIES IN EDUCATIONAL BUILDINGS SHALL HAVE A MINIMUM
THREE HOUR FIRE RESISTANCE RATING AND BE OF NONCOMBUSTIBLE CONSTRUCTION.
11. FIRE PARTITIONS AND FIRE WALLS SHALL NOT BE CONSTRUCTED OF POROUS
OR PAPER BASED OR PAPER LINED PRODUCTS OR HAVE BEEN DOCUMENTED TO
SUPPORT THE GROWTH OF MOLD.
S 385-C. ENFORCEMENT. THE APPROPRIATE STATE AND LOCAL AUTHORITIES
HAVING JURISDICTION PURSUANT TO THE BUILDING CODE SHALL BE RESPONSIBLE
FOR ENFORCING THE PROVISIONS OF THIS ARTICLE.
S 385-D. CONSTRUCTION WITH OTHER LAWS; SEVERABILITY. 1. THE PROVISIONS
OF THIS ARTICLE AND OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE
SHALL SUPERSEDE ANY OTHER PROVISION OF A GENERAL, SPECIAL OR LOCAL LAW,
ORDINANCE, ADMINISTRATIVE CODE, RULE OR REGULATION INCONSISTENT OR IN
CONFLICT THEREWITH PROVIDED HOWEVER:
(A) NOTHING HEREIN SHALL IMPAIR THE VALIDITY OF ANY ACTION TAKEN
PURSUANT TO OR IN COMPLIANCE WITH SUCH LAW OR REGULATION BEFORE THE
EFFECTIVE DATE OF THIS ARTICLE.
(B) ANY IMPROVEMENT, MODIFICATION, ALTERATION, ADAPTATION, REDESIGN OR
REPAIR REQUIRED BY OR PURSUANT TO ANY GENERAL, SPECIAL OR LOCAL LAW,
ADMINISTRATIVE CODE, RULE OR REGULATION ENACTED AND EFFECTIVE BEFORE THE
EFFECTIVE DATE OF THIS ARTICLE SHALL BE MADE IN THE MANNER AND WITHIN
THE TIME SO REQUIRED.
2. NOTHING HEREIN SHALL BE CONSTRUED AS AFFECTING THE AUTHORITY OF THE
STATE LABOR DEPARTMENT TO ENFORCE A SAFETY OR HEALTH STANDARD ISSUED
UNDER THE PROVISIONS OF SECTIONS TWENTY-SEVEN AND TWENTY-SEVEN-A OF THE
LABOR LAW.
3. NOTHING HEREIN SHALL BE CONSTRUED TO RELIEVE A PERSON FROM COMPLY-
ING WITH A STRICTER STANDARD ISSUED PURSUANT TO THE OCCUPATIONAL SAFETY
AND HEALTH ACT OF 1970, AS AMENDED.
4. IF ANY SECTION OF THIS ARTICLE OR THE APPLICATION THEREOF TO ANY
PERSON OR CIRCUMSTANCES SHALL BE ADJUDGED INVALID BY A COURT OF COMPE-
TENT JURISDICTION, SUCH ORDER OR JUDGEMENT SHALL BE CONFINED IN ITS
OPERATION TO THE CONTROVERSY IN WHICH IT WAS RENDERED, AND SHALL NOT
AFFECT OR INVALIDATE THE REMAINDER OF ANY PROVISION OF ANY SECTION OR
THE APPLICATION OF ANY PART THEREOF TO ANY OTHER PERSON OR CIRCUMSTANCES
AND TO THIS END THE PROVISIONS OF EACH SECTION OF THIS ARTICLE ARE HERE-
BY DECLARED TO BE SEPARABLE.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.