HB2987 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 2987 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 2987 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Warehouse Tornado Preparedness Act. | ||||||
| 6 | Section 5. Definitions. In this Act: | ||||||
| 7 | "Warehouse" means an establishment as defined by any of | ||||||
| 8 | the following North American Industry Classification System | ||||||
| 9 | (NAICS) codes, however such establishment is denominated: | ||||||
| 10 | (1) 493 for Warehousing and Storage; | ||||||
| 11 | (2) 423 for Merchant Wholesalers, Durable Goods; | ||||||
| 12 | (3) 424 for Merchant Wholesalers, Nondurable Goods; | ||||||
| 13 | (4) 454110 for Electronic Shopping and Mail-Order | ||||||
| 14 | Houses; or | ||||||
| 15 | (5) 492110 for Couriers and Express Delivery Services. | ||||||
| 16 | "Warehouse worker" means any person who spends a majority | ||||||
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| 1 | of the person's working hours working within a warehouse, | ||||||
| 2 | regardless of that person's status as an employee or | ||||||
| 3 | independent contractor or the existence or non-existence of | ||||||
| 4 | any employment relationship between the operator or owner of | ||||||
| 5 | the warehouse. "Warehouse worker" does not include a person | ||||||
| 6 | who, due to the person's employment or any other reason, | ||||||
| 7 | enters a warehouse irregularly, infrequently, or only for a | ||||||
| 8 | short period of time. | ||||||
| 9 | Section 10. Tornado safety plan required. All operators of | ||||||
| 10 | a warehouse within this State shall prepare a tornado safety | ||||||
| 11 | plan for each warehouse they operate within 120 days after the | ||||||
| 12 | effective date of this Act for each existing warehouse or, for | ||||||
| 13 | warehouses opened on or after 120 days after the effective | ||||||
| 14 | date of this Act, no later than 7 days after the warehouse | ||||||
| 15 | becomes operational. Each plan shall be specific to the | ||||||
| 16 | warehouse it was prepared for and must be reviewed and updated | ||||||
| 17 | at least once per year or upon any significant change to the | ||||||
| 18 | operations of the warehouse that affects the applicability or | ||||||
| 19 | accuracy of the information in the plan. The operator of the | ||||||
| 20 | warehouse should coordinate with the warehouse's local | ||||||
| 21 | emergency services and disaster agency and fire department or | ||||||
| 22 | fire protection district to create plans that, when | ||||||
| 23 | implemented, will be consistent with the local jurisdiction's | ||||||
| 24 | response activities. Copies of the plan and all updates made | ||||||
| 25 | to the plan must be filed with the fire department or fire | ||||||
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| 1 | protection district in the jurisdiction in which the warehouse | ||||||
| 2 | is located and the local emergency services and disaster | ||||||
| 3 | agency in the jurisdiction in which the warehouse is located. | ||||||
| 4 | The plan must, at a minimum, contain the following | ||||||
| 5 | information: | ||||||
| 6 | (1) A floor plan of the warehouse with emergency | ||||||
| 7 | exits, assembly points, shelter areas, and orienting | ||||||
| 8 | landmarks clearly displayed. | ||||||
| 9 | (2) A written description of the actions that | ||||||
| 10 | employees and supervisors are required to perform in the | ||||||
| 11 | event of a tornado warning or other severe weather event. | ||||||
| 12 | (3) A list of all emergency equipment stored in the | ||||||
| 13 | warehouse and the equipment's location and instructions on | ||||||
| 14 | the use of the equipment. | ||||||
| 15 | (4) A written description of the actions that | ||||||
| 16 | employees and supervisors are required to perform in the | ||||||
| 17 | aftermath of a tornado or other severe weather event, | ||||||
| 18 | including basic first aid procedures and guidelines for | ||||||
| 19 | communications with other warehouse workers and first | ||||||
| 20 | responders. | ||||||
| 21 | Section 15. Inclement weather risk reduction. Warehouse | ||||||
| 22 | facilities constructed after the effective date of this Act | ||||||
| 23 | must provide the means, through modification, installation, or | ||||||
| 24 | demonstration via rational analysis, to meet a life-safety | ||||||
| 25 | performance level for tornado loading that is equivalent to, | ||||||
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| 1 | or exceeds, the life-safety performance level for the most | ||||||
| 2 | onerous of other building code-prescribed extreme | ||||||
| 3 | environmental loading events, such as hurricane, wind, | ||||||
| 4 | earthquake, fire, and flood. The evaluation may incorporate | ||||||
| 5 | statistical analyses of published data sets for extreme load | ||||||
| 6 | intensity versus probability of exceedance, such as ASCE/SEI | ||||||
| 7 | 7-22 Appendix G; occupancy load; facility location; and | ||||||
| 8 | building construction type and may follow non-prescriptive | ||||||
| 9 | performance-based methods to achieve the desired level. In | ||||||
| 10 | lieu of this risk-targeted approach, the evaluating design | ||||||
| 11 | professional may elect to follow prescriptive methods as | ||||||
| 12 | outlined in the Federal Emergency Management Agency standard | ||||||
| 13 | P-431, Tornado Protection: Selecting Refuge Areas in Buildings | ||||||
| 14 | and the Best Available Refuge Area Checklist to ensure that | ||||||
| 15 | shelter areas designated in tornado safety plans are qualified | ||||||
| 16 | as the best available refuge areas. | ||||||
| 17 | Section 99. Effective date. This Act takes effect upon | ||||||
| 18 | becoming law.". | ||||||
