Bill Text: NY A10201 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2018-06-18 - amended on third reading 10201a [A10201 Detail]

Download: New_York-2017-A10201-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10201
                   IN ASSEMBLY
                                     March 22, 2018
                                       ___________
        Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
          tee on Governmental Operations
        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:
     1    Section  1.  The  executive  law is amended by adding two new sections
     2  378-a and 378-b to read as follows:
     3    § 378-a. Standards for emergency planning and preparedness.  1.    The
     4  state  fire  prevention  and  building code council shall update chapter
     5  four of the New York state fire code,  titled  "Emergency  planning  and
     6  preparedness",  to  ensure  emergency evacuation drills, fire safety and
     7  emergency evacuation plans, employee training and  response  procedures,
     8  hazard  communication,  and  use and occupancy-related standards address
     9  the needs of individuals with  disabilities.  The  process  of  updating
    10  chapter four of the New York state fire code as it pertains to the needs
    11  of  persons  with  disabilities  shall  be done in consultation with the
    12  independent agency as described  in  subdivision  (b)  of  section  five
    13  hundred fifty-eight of this chapter.
    14    2.  The  state fire prevention and building code council shall promul-
    15  gate regulations to require the following elements  to  be  included  in
    16  each emergency evacuation plan:
    17    (a) procedures for evacuating individuals with disabilities;
    18    (b)  a  list  of  individuals  with disabilities who have notified the
    19  owner that they are disabled and would require assistance in  the  event
    20  of  an  emergency. The list shall include the floor and room number that
    21  the individual with a disability occupies within the building. Such list
    22  shall only be maintained for the purpose of an emergency evacuation, and
    23  shall not be disseminated for any other purpose;
    24    (c) a notification mechanism to the occupants that a list  of  persons
    25  with  disabilities  in need of assistance in case of an emergency exists
    26  and is maintained by the owner and the method  by  which  occupants  can
    27  place their name on such list;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02752-01-7
        A. 10201                            2
     1    (d)  the  location and type of evacuation assistance devices or assis-
     2  tive technologies that are available within the building; and
     3    (e)  areas  of  rescue.  These areas shall be identified by signs that
     4  state "Area of Rescue Assistance" and display the  international  symbol
     5  of  accessibility.  Lettering  must be permanent and comply with federal
     6  Americans with Disabilities Act guidelines.
     7    § 378-b. Emergency evacuation plan. 1. Notwithstanding  any  provision
     8  of  law  to the contrary, it shall be the duty of every owner of a high-
     9  rise building, as defined in section four hundred three of the  building
    10  code  of  New  York state, to establish and maintain an emergency evacu-
    11  ation plan as provided for in regulations  issued  pursuant  to  section
    12  three hundred seventy-eight-a of this article.
    13    2.  Such owner shall make the plan available in a large-print document
    14  (18-point font size or larger) and Braille (Grade II) upon request to:
    15    (a) local law enforcement and fire safety personnel; and
    16    (b) employees, tenants, or guests located in the high-rise building.
    17    3. A copy of such plan shall be maintained at all  times  in  a  place
    18  easily  accessible  by  law  enforcement  and/or  fire safety personnel,
    19  including but not limited to the management office, the  security  desk,
    20  in the vicinity of the firefighter's elevator recall key, the life safe-
    21  ty  panel, or the fire pump room. In the absence of any of the locations
    22  listed in this subdivision, a copy of such plan shall be posted  in  the
    23  front entry of the building.
    24    4.  On  an  annual  basis, every high-rise building owner shall update
    25  such emergency evacuation plan  and  provide  occupants  with  a  notice
    26  detailing the provisions of the emergency evacuation plan.
    27    5.  A  copy  of  such plan shall be filed with the department of state
    28  within one year of the effective date of this section,  and  an  updated
    29  emergency  evacuation  plan  shall be filed with the department of state
    30  annually thereafter.
    31    6. Owners located in municipalities with  a  population  of  over  one
    32  million are exempt from developing such plan if such municipalities have
    33  ordinances,  rules, codes or regulations that establish emergency evacu-
    34  ation procedures specifically for people with disabilities in  high-rise
    35  buildings.
    36    7.  Knowing  failure  to comply with any provision within this section
    37  shall be punishable by a civil penalty of up to five hundred dollars.
    38    § 2. This act shall take effect on the ninetieth day  after  it  shall
    39  have  become  a  law;  provided, however, that high-rise building owners
    40  shall have one year from the effective date of this act to establish  an
    41  emergency evacuation plan.