NY State Senate Bill 2011-S3490

Senate Bill S3490

2011-2012 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 - 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to housing, construction and community development
Feb 23, 2011	referred to housing, construction and community development

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2011-S3490 (ACTIVE) - Details

See Assembly Version of this Bill:: A6658
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, A9756, A7852, A10841
2013-2014: S3925, A6445, A8817
2015-2016: S2244, A2200
2017-2018: S768, A6287, A10201
2019-2020: S2590
2021-2022: S1104
2023-2024: S264

2011-S3490 (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.

2011-S3490 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3490

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:
This bill will ensure that there is an efficient emergency evacuation
plan for people with disabilities who work or live in high-rise
buildings in New York.

SUMMARY OF PROVISIONS:
Section one of the 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 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 11 th, awareness and education of
high-rise 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.

LEGISLATIVE HISTORY:
2010: S.8069 (Died in Housing)

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect on the nineteenth 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 plan.

2011-S3490 (ACTIVE) - Bill Text download pdf

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

                                  3490

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  HUNTLEY,  MONTGOMERY,  PERKINS,
  STAVISKY -- 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07564-01-1

S. 3490                             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.
  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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