Bill Text: NY S01104 | 2021-2022 | General Assembly | Introduced
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) 2022-03-07 - referred to governmental operations [S01104 Detail]
Download: New_York-2021-S01104-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1104 2021-2022 Regular Sessions IN SENATE January 7, 2021 ___________ Introduced by Sen. STEWART-COUSINS -- 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: 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; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07341-01-1S. 1104 2 1 (c) a notification mechanism to the occupants that a list of persons 2 with disabilities in need of assistance in case of an emergency exists 3 and is maintained by the owner and the method by which occupants can 4 place their name on such list; 5 (d) the location and type of evacuation assistance devices or assis- 6 tive technologies that are available within the building; and 7 (e) areas of rescue. These areas shall be identified by signs that 8 state "Area of Rescue Assistance" and display the international symbol 9 of accessibility. Lettering must be permanent and comply with federal 10 Americans with Disabilities Act guidelines. 11 § 378-b. Emergency evacuation plan. 1. Notwithstanding any provision 12 of law to the contrary, it shall be the duty of every owner of a high- 13 rise building, as defined in section four hundred three of the building 14 code of New York state, to establish and maintain an emergency evacu- 15 ation plan as provided for in regulations issued pursuant to section 16 three hundred seventy-eight-a of this article. 17 2. Such owner shall make the plan available in a large-print document 18 (18-point font size or larger) and Braille (Grade II) upon request to: 19 (a) local law enforcement and fire safety personnel; and 20 (b) employees, tenants, or guests located in the high-rise building. 21 3. A copy of such plan shall be maintained at all times in a place 22 easily accessible by law enforcement and/or fire safety personnel, 23 including but not limited to the management office, the security desk, 24 in the vicinity of the firefighter's elevator recall key, the life safe- 25 ty panel, or the fire pump room. In the absence of any of the locations 26 listed in this subdivision, a copy of such plan shall be posted in the 27 front entry of the building. 28 4. On an annual basis, every high-rise building owner shall update 29 such emergency evacuation plan and provide occupants with a notice 30 detailing the provisions of the emergency evacuation plan. 31 5. A copy of such plan shall be filed with the department of state 32 within one year of the effective date of this section, and an updated 33 emergency evacuation plan shall be filed with the department of state 34 annually thereafter. 35 6. Owners located in municipalities with a population of over one 36 million are exempt from developing such plan if such municipalities have 37 ordinances, rules, codes or regulations that establish emergency evacu- 38 ation procedures specifically for people with disabilities in high-rise 39 buildings. 40 7. Knowing failure to comply with any provision within this section 41 shall be punishable by a civil penalty of up to five hundred dollars. 42 § 2. This act shall take effect on the ninetieth day after it shall 43 have become a law; provided, however, that high-rise building owners 44 shall have one year from the effective date of this act to establish an 45 emergency evacuation plan.
