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A06658 Summary:

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A06658 Floor Votes:

A06658 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6658
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 2011
                                       ___________
 
        Introduced  by  M.  of A. CUSICK, BING, TITUS, PAULIN, PHEFFER, MILLMAN,
          ORTIZ, WEISENBERG, SCHROEDER,  SPANO,  ROSENTHAL,  KELLNER,  ROBINSON,
          CASTRO,  MAISEL,  WEPRIN,  KAVANAGH  -- Multi-Sponsored by -- M. of A.
          ABBATE, BARRON, COOK, GABRYSZAK,  GIBSON,  GLICK,  GOTTFRIED,  HIKIND,
          HOOPER,  JEFFRIES,  MAGEE,  McENENY,  MENG,  REILLY  --  read once and

          referred to the Committee 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 New
    12  York state commission on quality of care and advocacy for  persons  with
    13  disabilities.
    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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07564-01-1
        A. 6658                             2
 
     1  shall only be maintained for the purpose of an emergency evacuation, and
     2  shall not be disseminated for any other purpose;
     3    (c)  a  notification mechanism to the occupants that a list of persons
     4  with disabilities in need of assistance in case of an  emergency  exists

     5  and  is  maintained  by  the owner and the method by which occupants can
     6  place their name on such list;
     7    (d) the location and type of evacuation assistance devices  or  assis-
     8  tive technologies that are available within the building; and
     9    (e)  areas  of  rescue.  These areas shall be identified by signs that
    10  state "Area of Rescue Assistance" and display the  international  symbol
    11  of  accessibility.  Lettering  must be permanent and comply with federal
    12  Americans with Disabilities Act guidelines.
    13    § 378-b. Emergency evacuation plan. 1. Notwithstanding  any  provision
    14  of  law  to the contrary, it shall be the duty of every owner of a high-
    15  rise building, as defined in section four hundred three of the  building

    16  code  of  New  York state, to establish and maintain an emergency evacu-
    17  ation plan as provided for in regulations  issued  pursuant  to  section
    18  three hundred seventy-eight-a of this article.
    19    2.  Such owner shall make the plan available in a large-print document
    20  (18-point font size or larger) and Braille (Grade II) upon request to:
    21    (a) local law enforcement and fire safety personnel; and
    22    (b) employees, tenants, or guests located in the high-rise building.
    23    3. A copy of such plan shall be maintained at all  times  in  a  place
    24  easily  accessible  by  law  enforcement  and/or  fire safety personnel,
    25  including but not limited to the management office, the  security  desk,

    26  in the vicinity of the firefighter's elevator recall key, the life safe-
    27  ty  panel, or the fire pump room. In the absence of any of the locations
    28  listed in this subdivision, a copy of such plan shall be posted  in  the
    29  front entry of the building.
    30    4.  On  an  annual  basis, every high-rise building owner shall update
    31  such emergency evacuation plan  and  provide  occupants  with  a  notice
    32  detailing the provisions of the emergency evacuation plan.
    33    5.  A  copy  of  such plan shall be filed with the department of state
    34  within one year of the effective date of this section,  and  an  updated
    35  emergency  evacuation  plan  shall be filed with the department of state
    36  annually thereafter.

    37    6. Owners located in municipalities with  a  population  of  over  one
    38  million are exempt from developing such plan if such municipalities have
    39  ordinances,  rules, codes or regulations that establish emergency evacu-
    40  ation procedures specifically for people with disabilities in  high-rise
    41  buildings.
    42    7.  Knowing  failure  to comply with any provision within this section
    43  shall be punishable by a civil penalty of up to five hundred dollars.
    44    § 2. This act shall take effect on the ninetieth day  after  it  shall
    45  have  become  a  law;  provided, however, that high-rise building owners
    46  shall have one year from the effective date of this act to establish  an
    47  emergency evacuation plan.