NY State Senate Bill 2015-S2244

Senate Bill S2244

2015-2016 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to housing, construction and community development
Jun 01, 2015	reported and committed to finance
Jan 22, 2015	referred to housing, construction and community development

Votes

- Jun 1, 2015 - Housing, Construction And Community Development Committee Vote
  S2244
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Jun 1, 2015
      
      aye (9)
      
      Avella
      
      Bonacic
      
      Boyle
      
      Espaillat
      
      Gallivan
      
      Krueger
      
      Nozzolio
      
      Panepinto
      
      Young

co-Sponsors

View additional co-sponsors

2015-S2244 (ACTIVE) - Details

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

2015-S2244 (ACTIVE) - Summary

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

2015-S2244 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2244

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
independent agency as described in subdivision (b) of section five
hundred fifty-eight of this chapter, 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);
2008:  A.7105 (Passed Assembly);
2009: A.7852 (Passed Assembly);
2010 A.10841 (Passed Assembly);
2012: A.6658 (Passed Assembly);
2014:  A.6445 (Enacting Clause Stricken)
2013-14. S.3925A - Died in Housing

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.

2015-S2244 (ACTIVE) - Bill Text download pdf

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

                                  2244

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  ESPAILLAT, KRUEGER, MONTGOMERY,
  PERKINS, STAVISKY -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Housing, Construction and Communi-
  ty 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
INDEPENDENT  AGENCY  AS  DESCRIBED  IN  SUBDIVISION  (B) OF SECTION FIVE
HUNDRED FIFTY-EIGHT OF THIS CHAPTER.
  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.
                                                           LBD02590-01-5

S. 2244                             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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Senate Bill S2244

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Sponsored By

Andrea Stewart-Cousins

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

co-Sponsors

Adriano Espaillat

Liz Krueger

Velmanette Montgomery

Bill Perkins

2015-S2244 (ACTIVE) - Details

2015-S2244 (ACTIVE) - Summary

2015-S2244 (ACTIVE) - Sponsor Memo

2015-S2244 (ACTIVE) - Bill Text download pdf

Comments