Requires employers to provide emergency escape systems to firefighters

Summary of specific provisions

Section 1 states that any employer except a city with one million or more people who employs a firefighter determined to be at risk of entrapment at elevations shall provide emergency escape systems for use by such firefighter.

Further requires the commissioner to identify whether firefighters employed by a municipality would be exposed to the entrapment at elevated levels, identify those firefighters who would be exposed, and to determine the appropriate emergency escape systems.

Further this section ensures that firefighters emergency escape systems are continuously inspected and in proper shape.

Section 2 is the effective date.

Justification

On January 23, 2005, six (6) New York City Firefighters were caught on the fourth floor of a burning building in the Bronx. The firefighters, however, were not equipped with proper emergency escape components. All six (6) men were forced to jump from the building, resulting in serious injury to four (4) and the death of two (2). This incident has become commonly referred to as "Black Sunday" in the firefighting community. In response to the Black Sunday incident, the Legislature eventually enacted Chapter 433 of the Laws of 2008 ("Chapter 433"), which required, among other things, that the commissioner of the Department of Labor (the "Commissioner") to promulgate regulations to adopt the codes, stan- dards, and recommended practices promulgated by the "most recent" edition (i.e., the 2006 edition) of the National Fire Protection Associ- ation ("NFPA") 1983 Standard on Fire Service Life Safety Rope And System Components. NFPA standards, however, are continually changing in order to maintain pace with advancements in technology. By restricting the Commissioner to the 2006 edition of the NFPA 1983 Standard, Chapter 433 has, in effect, hampered the Commissioner's ability to effectively respond to changes in technology, which could have the unintended effect of putting firefighters' lives at risk. In addition, firefighters carry certain standard equipment, which may be used during a self rescue escape, that may not be covered by the NFPA 1983 Standard. For example, it is an accepted practice for a firefighter to carry a Halligan bar (also called a Halligan tool) into a building. To be sure, in most fire companies, firefighters do not enter a building without one. One of the

many accepted uses for the Halligan bar is for a firefighter to use it during a self rescue escape - i.e., the exact situation covered by Chap- ter 433. It is an accepted practice (and one that is taught during training) for a firefighter who faces a self rescue/escape situation to jam or wedge his Halligan bar into a wall or a corner as an anchor point, tie off his rope to it and proceed to extract himself out a window. The problem, however, is that a Halligan bar is currently not covered by the NFPA 1983. In effect what Chapter 433 has inadvertently done is to prevent the firefighting community to use equipment generally recognized as acceptable because it is not covered by the NFPA 1983 Standard on Fire Service Life Safety Rope And System Components. This Bill will provide the firefighting community with the latitude to effec- tively respond to the needs of their locality, to consider appropriate alternatives and to provide communities with the flexibility to equip their firefighters with equipment that best suits their unique needs.

Prior legislative history

New Bill.

Fiscal implications

None to the state

Effective date

This act shall take effect in 30 days.