STATE OF NEW YORK ________________________________________________________________________
8483
IN ASSEMBLY
January 4, 2024 ___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit- tee on People with Disabilities
AN ACT to amend the executive law, in relation to establishing standards for the evacuation of individuals with disabilities from high-rise buildings during an emergency; and to amend a chapter of the laws of 2023 amending the executive law relating to standards for establishing and maintaining an emergency evacuation plan for individuals with disabilities, as proposed in legislative bills numbers S. 264-A and A. 6291-A, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Subdivision 3-a of section 378 of the executive law, as 2 added by a chapter of the laws of 2023 amending the executive law relat- 3 ing to standards for establishing and maintaining an emergency evacu- 4 ation plan for individuals with disabilities, as proposed in legislative 5 bills numbers S. 264-A and A. 6291-A, is amended to read as follows: 6 3-a. a. Standards for emergency planning and preparedness for high- 7 rise buildings [to ensure emergency evacuation drills, fire safety and 8 emergency evacuation plans, employee training and response procedures, 9 hazard communication, and use and occupancy-related standards] that 10 address the needs of individuals with disabilities which shall be devel- 11 oped in consultation with organizations that advocate on behalf of indi- 12 viduals with disabilities to be identified by the [independent agency as 13 described in subdivision (b) of section five hundred fifty-eight of this 14 chapter] department of state in consultation with the office of the 15 chief disability officer. 16 b. The [following elements] standards to be developed shall [be 17 included in each emergency evacuation plan] consider but not be limited 18 to: 19 (i) procedures for evacuating individuals with disabilities; 20 (ii) if it is necessary for the fire safety and emergency evacuation 21 plan that the owner or the owner's agent shall establish and maintain to 22 include a list of names and room numbers for individuals with disabili- 23 ties who have affirmatively notified the owner or the owner's agent that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02233-04-4
A. 8483 2
1 they are disabled [and], would require assistance in the event of an 2 emergency[. The list shall include the floor and room number that the 3 individual with a disability occupies within the building. Such list 4 shall only be maintained for the purpose of an emergency evacuation, and 5 shall not be disseminated for any other purpose] and have requested that 6 their names and room numbers be included in such list; 7 (iii) if it is necessary for the fire safety and emergency evacuation 8 plan that the owner or the owner's agent shall establish and maintain to 9 include a notification mechanism to the occupants that a list of 10 [persons] individuals with disabilities [in] who would need [of] assist- 11 ance in case of an emergency [exists] may exist and is maintained by the 12 owner or the owner's agent, that such list would include only those 13 individuals who have requested inclusion, that such list would be made 14 available to building staff and management as well as local law enforce- 15 ment and fire safety personnel, and the method by which occupants can 16 affirmatively place their name on such list; 17 (iv) [a requirement that the building owner or the owner's agent shall 18 publicly post the emergency contact information for the building on each 19 floor, and make updates as necessary; 20 (v) the] if it is necessary for the fire safety and emergency evacu- 21 ation plan that the owner or the owner's agent shall establish and main- 22 tain to include information on the location and type of evacuation 23 assistance devices or assistive technologies that are available within 24 the building; and 25 [(vi) areas of rescue which shall be identified by signs that state 26 "Area of Rescue Assistance" and display the international symbol of 27 accessibility. Lettering must be permanent and comply with federal Amer- 28 icans with Disabilities Act guidelines] 29 (v) if it is necessary for the fire safety and emergency evacuation 30 plan that the owner or the owner's agent shall establish and maintain to 31 contain floor plans identifying the locations of accessible egress 32 routes, including areas of refuge and exterior areas for assisted care. 33 c. Notwithstanding any provision of law to the contrary, standards 34 developed pursuant to this subdivision shall specify that: 35 (i) it shall be the duty of every owner of a high-rise building, or of 36 the owner's agent, to establish and maintain [an] a fire safety and 37 emergency evacuation plan as provided for in this subdivision; 38 (ii) the owner or owner's agent shall make the fire safety and emer- 39 gency evacuation plan available [upon request to: 40 (A)] in the building for reference and review by building management 41 and staff, subject to paragraph h of this subdivision, and by building 42 occupants, provided that if any such plan is required to include a list 43 of individuals with disabilities who have affirmatively notified the 44 owner or the owner's agent that they are disabled, would need assistance 45 in the case of an emergency, and have requested that their names and 46 room numbers be included in such list, building occupants shall not be 47 given access to any such list of individuals with disabilities and their 48 room numbers; 49 (iii) copies of the fire safety and emergency evacuation plan shall be 50 provided to local law enforcement and fire safety personnel upon 51 request; and 52 [(B) employees, tenants, or guests located in the high-rise building; 53 and 54 (iii)] (iv) the fire safety and emergency evacuation plan shall be 55 made available in a large-print document (18-point font size or larger); 56 Braille (Grade II); and/or any other alternative formats upon request,
A. 8483 3
1 subject to the limitations on dissemination to building occupants of any 2 list of individuals with disabilities and their room numbers contained 3 in subparagraph (ii) of this paragraph. 4 d. A copy of the fire safety and emergency evacuation plan shall be 5 maintained at all times in a place easily accessible by law enforcement 6 and/or fire safety personnel[, including]. Such a place may include but 7 is not limited to the management office, the security desk, in the 8 vicinity of the firefighter's elevator recall key, the life safety 9 panel, or the fire pump room. [In the absence of any of the locations 10 listed in this subdivision, a copy of such plan shall be posted in the 11 front entry of the building.] 12 e. [Every high-rise building owner or the agent of such owner shall 13 post emergency contact information for the building in a publicly 14 conspicuous area on each floor of the building. If such emergency 15 contact information changes, such owner or agent shall post a new notice 16 as soon as practicable. 17 f.] On an annual basis, every high-rise building owner or the agent of 18 such owner shall update the fire safety and emergency evacuation plan 19 and provide occupants with a notice detailing the provisions of the fire 20 safety and emergency evacuation plan. 21 [g. A copy of the emergency evacuation plan shall be filed with the 22 department of state within one year of the effective date of this subdi- 23 vision, and an updated emergency evacuation plan shall be filed with the 24 department of state annually thereafter. 25 h. High-rise buildings located in municipalities with a population of 26 over one million are exempt from developing such plan if such munici- 27 palities have ordinances, rules, codes or regulations that establish 28 emergency evacuation procedures specifically for people with disabili- 29 ties in high-rise buildings. 30 i. A knowing failure to comply with any provision within this subdivi- 31 sion shall be punishable by a civil penalty of up to five hundred 32 dollars. 33 j.] f. As used in this subdivision, "high-rise building" means a 34 building with an occupied floor located more than seventy-five feet 35 above the lowest level of fire department vehicle access. 36 g. Notwithstanding any other provision of this subdivision, (i) this 37 subdivision shall not apply to hospitals as defined in subdivision one 38 of section twenty-eight hundred one of the public health law, assisted 39 living residences licensed under article forty-six-B of the public 40 health law, and adult care facilities licensed under article seven of 41 the social services law; and (ii) residential high-rise buildings whose 42 units are limited to households containing residents fifty years of age 43 and older and that have implemented specialized evacuation plans in 44 consultation with local first responders may use those plans to satisfy 45 the requirements of this subdivision. 46 h. Any building management, building staff, local law enforcement and 47 fire safety personnel who receive, as part of or in connection with a 48 fire safety and emergency evacuation plan developed pursuant to this 49 subdivision, a list of individuals with disabilities who require assist- 50 ance in the event of an emergency shall maintain the confidentiality of 51 the information in such list and shall use and disclose it only for 52 purposes permitted pursuant to this subdivision or any standards devel- 53 oped pursuant to this subdivision. 54 § 2. Section 2 of a chapter of the laws of 2023 amending the executive 55 law relating to standards for establishing and maintaining an emergency 56 evacuation plan for individuals with disabilities, as proposed in legis-
A. 8483 4
1 lative bills numbers S. 264-A and A. 6291-A, is amended to read as 2 follows: 3 § 2. This act shall take effect [on the ninetieth day after it shall 4 have become a law; provided, however, that high-rise building owners or 5 their agents shall have one year from the effective date of this act to 6 establish an emergency evacuation plan] January 1, 2025. Effective imme- 7 diately, the addition, amendment and/or repeal of any rule or regulation 8 necessary for the implementation of this act on its effective date are 9 authorized to be made and completed on or before such effective date. 10 § 3. This act shall take effect immediately; provided, however, that 11 section one of this act shall take effect on the same date and in the 12 same manner as a chapter of the laws of 2023 amending the executive law 13 relating to standards for establishing and maintaining an emergency 14 evacuation plan for individuals with disabilities, as proposed in legis- 15 lative bills numbers S. 264-A and A. 6291-A, takes effect.