Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC RCNY § 41-12?

Quick Answer

(a) The risk management plan shall include an emergency response program. (b) The emergency response program shall contain the following components: (1) A general site plan which shall consist of a general site map layout.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →
Effective: 3/8/2019Last amended: 3/8/2019

§ 41-12 Emergency Response Program.

RCNY § 41-12

(a)The risk management plan shall include an emergency response program.

(b)The emergency response program shall contain the following components: (1) A general site plan which shall consist of a general site map layout. A general site map example and list of map symbols is set forth in Appendix B of this chapter. If it becomes necessary to use any other symbol on such map, the preparer shall include a reference of the symbol. Colors shall not be used on the site map. For sites with more than one building, a general layout on one page and separate map pages for floor or area shall be used. An 8 1/2" by 11" size map on grid paper shall be used only. The following elements shall be included as part of the general site map layout: (i) outline of buildings and areas within the property including parking lots, internal roads, alleys, and streets adjacent to a facility; (ii) designation of all adjacent property uses such as commercial or residential, and a list of the exact street address of all public institutions (e.g., hospitals, health care facilities, day care centers, schools, hospices, places of assembly), within one-half mile of the facility; (iii) a layout of all storage areas for EHS's and regulated toxic substances, and turn-off valves for water, electricity, and gas; (iv) directional orientation (north arrow); (v) water supplies to include the nearest fire hydrants, size of mains and cross connects, pressure/gravity tanks, suctions from rivers and bodies of water; (vi) all sewers, transformer vaults, high voltage lines, air conditiong intakes, tunnels, bridges, railroads, and subways within 200 feet of the facility.

(2)An individual site plan which shall consist of an individual facility/building map layout. A specific floor or area map is required for each building in accordance with the 8 1/2 × 11 map grid provided in Appendix B of this chapter. Colors shall not be used on the map grid. An individual facility/building map shall include the following elements: (i) outline of building including the height, area, and type of construction areas; (ii) fire rated corridors within the building, if known; (iii) location of each building with respect to the street; (iv) location of all areas where EHS's and regulated toxic substances are stored or used.

(3)A responsible party shall appoint an emergency response coordinator who shall be knowledgeable about EHS's and regulated toxic substances and shall be knowledgeable about all facility operations and the layout of a facility. The emergency response coordinator shall be on duty during normal working hours or when otherwise required by the Department. The emergency response coordinator shall have the following responsibilities: (i) coordinate emergency response efforts with the emergency response agencies on a 24-hour basis. The emergency response coordinator shall maintain a list at a facility of the names, titles, and office and home telephone numbers of contacts in each emergency response agency; (ii) review the emergency response plan with each facility employee, upon its completion and approval each year the plan is submitted to the Department, upon the initial assignment of emergency response duties, and when the emergency response plan is changed in accordance with subdivision (b)(5)(xiii) of this section; (iii) maintain a log of all reviews required by this section. These logs shall be available for inspection for three years; (iv) critique the facilities response in follow-up to an accidental release of an EHS or regulated toxic substance within thirty days of such a release. Such critique shall be written and copies retained at the facility for three years; (v) identify a deputy emergency response coordinator who shall perform the duties of the emergency response coordinator when he or she is not present at the facility. The deputy emergency response coordinator must meet the qualification requirement set forth in subdivision (b)(3) of this section.

(4)An emergency response plan which shall include: (i) a list of all employees designated response duties in the emergency response plan, including a description of such duties.

(ii)a list of emergency response, personal protective, and mitigation equipment, and the location of such equipment at the facility. The list shall include portable monitoring equipment for detecting EHS's and regulated toxic substances. Such equipment shall be placed in a location that will reduce the likelihood of its damage, inoperability or inacessibility, should an accidental release occur; (iii) written procedures for the use of emergency response equipment and for the inspection, testing, and maintenance of such equipment by facility personnel. The maintenance of such equipment shall be recorded in a log book. Such log books shall be kept on the premises for a three-year period and be readily available for inspection; (iv) training of employees given response duties in the emergency response plan in emergency response procedures. Such training shall address the use of personal protective equipment and emergency response equipment.

(v)conduct a minimum of one drill per year to evaluate the effectiveness of the emergency response plan, and prepare a written assessment of the emergency response plan following each drill and when the emergency response plan is actually implemented. Such written assessments shall be kept on the premises for a three-year period and shall be readily available for inspection.

(vi)procedures for reporting fires and other emergencies to emergency response agencies, including back-up reporting procedures; (vii) emergency evacuation procedures including: (A) routes and protective actions for employees that are not given response duties in the emergency response plan; (B) on-site notification procedures to identify evacuation areas. (C) maps of primary and alternate evacuation routes. (D) designation of primary and alternate assembly areas. (E) a list of all personnel and procedures to account for all personnel after emergency evacuation has been completed. (F) procedures for determining a safe distance from the facility and, if needed, a primary and alternate place or refuge. (G) site security and control.

(vii)installation of an audible employee alarm system that complies with 29 C.F.R. § 1910.165.

(ix)procedures for the administration of first aid and other emergency medical treatment necessary to treat human exposure to each EHS and regulated toxic substance located at the facility.

(x)procedures for medical surveillance of emergency responders at the facility if any exists.

(xi)decontamination procedures for employees.

(xii)a training program designated to train a sufficient number of persons to assist in a safe and orderly emergency evacuation of employees.

(xiii)the emergency response plan shall be updated annually and within thirty days of the following occurrences: (A) When a reported quantity of an EHS or regulated toxic substance is increased by 25% or more. (B) A previously unreported EHS or regulated toxic substance is added to a facility's inventory. (C) A significant change is made to the operations of a facility, which increases the potential for a release of an EHS or regulated toxic substance. (D) When the results of a emergency response drill, conducted in compliance with subdivision (b)(5)(v) of this section, demonstrates that, in the interest of facility safety or public safety, a change in the emergency response plan is warranted.

(xiv)the responsible party shall maintain a copy of the emergency response plan at the facility at all times, and shall include the names and regular job titles, and business and home telephone numbers of persons, including those of the emergency response coordinator and deputy emergency response coordinator or departments who can be contacted for further information or explanation of duties under the plan, and all facility material Safety Data Sheets (MSDS) required pursuant to law. The emergency response plan and the names and 24-hour telephone number of the suppliers of the facilities EHS and regulated toxic substances shall be kept in a Fire Department key box at a location designated by the Fire Department. (Amended City Record 2/6/2019, eff. 3/8/2019)

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 41-12?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters