Establishes emergency evacuation plan for individuals with disabilities; and establishes $500 fine for failure to comply

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 New York State Commission on Quality of Care and Advocacy for Persons with Disabili- ties, shall write regulations for establishing and maintaining emergency evacuation plans. These plans are to include the procedures for evacuat- ing 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 evacu- ation 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 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 diffi- cult to vacate, this bill requires every high-rise building owner to establish and maintain an emergency evacuation plan for disabled occu- pants and visitors of the building. Additionally, the building owner will be responsible for maintaining and updating the emergency evacu- ation 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) 2007-08: A.7105 (Passed Assembly) 2009: A.7852 (Passed Assembly)

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.