NY State Senate Bill 2009-S8069

Senate Bill S8069

2009-2010 Legislative Session

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

download bill text pdf

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

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2010	referred to housing, construction and community development

co-Sponsors

View additional co-sponsors

2009-S8069 (ACTIVE) - Details

See Assembly Version of this Bill:: A10841
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:: 2011-2012: S3490, A6658
2013-2014: S3925, A6445, A8817
2015-2016: S2244, A2200
2017-2018: S768, A6287, A10201
2019-2020: S2590
2021-2022: S1104
2023-2024: S264

2009-S8069 (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-S8069 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8069

TITLE OF BILL:
An act
to amend the executive law,
in relation to establishing 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 consulting 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 identify
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
regulations 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 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
difficult to vacate, this bill requires every high-rise building
owner to establish and maintain 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 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.

PRIOR LEGISLATIVE HISTORY:
2006:    A.10361 (Passed Assembly)
2007-08: A.7105 (Passed Assembly)
2009 -   A.7852 (Passed Assembly)

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.

2009-S8069 (ACTIVE) - Bill Text download pdf

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

                                  8069

                            I N  S E N A T E

                              June 4, 2010
                               ___________

Introduced  by Sens. STEWART-COUSINS, ADAMS, ESPADA, ONORATO, OPPENHEIM-
  ER, PARKER, PERALTA, STAVISKY, THOMPSON  --  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:
  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

S. 8069                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.