NY State Senate Bill 2019-S2590

Senate Bill S2590

2019-2020 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development returned to senate died in assembly
May 30, 2019	referred to governmental operations delivered to assembly passed senate
May 29, 2019	advanced to third reading
May 22, 2019	2nd report cal.
May 21, 2019	1st report cal.880
Jan 28, 2019	referred to housing, construction and community development

Votes

- May 30, 2019 - Floor Vote
  S2590
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2019
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (4)
      
      Funke
      
      Kavanagh
      
      LaValle
      
      Sepúlveda
  May 21, 2019 - Housing, Construction And Community Development Committee Vote
  S2590
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: May 21, 2019
      
      aye (9)
      
      Boyle
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Little
      
      Mayer
      
      Myrie
      
      Rivera
      
      Salazar
      
      aye wr (2)
      
      Amedore
      
      Helming

co-Sponsors

View additional co-sponsors

2019-S2590 (ACTIVE) - Details

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
2011-2012: S3490
2013-2014: S3925
2015-2016: S2244
2017-2018: S768
2021-2022: S1104
2023-2024: S264

2019-S2590 (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.

2019-S2590 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2590

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing and main-
taining 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 evacu-
ation 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 assist-
ance to be labeled in accordance with the Federal Americans with Disa-
bilities 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 education of high
rise building evacuation plans have been heightened, yet little is spec-
ified 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 build-
ing, 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 main-
tain 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 avail-
able 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); S8069 Stewart-Cousins Died in Housing

2012: A.6658 (Passed Assembly); S3490 Stewart-Cousins Died in Housing

2014: A.6445 (Enacting Clause Stricken)

2013-14: S.3925A - Died in Housing; Passed Assembly A8817-A Weprin

2015-16: 5.2244 - Died in Housing; Passed Assembly A2200 Weprin

2017-18: S768A - Passed Senate 6/19/18;Passed Assembly A10201-A Skoufis

5/30/18 Recalled and Amended on Third Reading

 
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.

2019-S2590 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2590
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sens.  STEWART-COUSINS, LIU, SEPULVEDA -- 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:
   §  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.
                                                            LBD05063-01-9

 S. 2590                             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.
   §  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  EVACU-
 ATION  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.
   §  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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