S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2746
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the administrative code of the city of New York and  the
   executive law, in relation to providing emergency evacuation plans and
   safe spaces for vulnerable occupants, and providing for the establish-
   ment  of  a  voluntary registry to meet the special needs of occupants
   who require assistance during evacuations  or  other  emergency  situ-
   ations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 403.4.8.4.2 of the New York city building code,  as
 amended  by  section  5 of part C of local law number 126 of the city of
 New York for the year 2021, is amended to read as follows:
   403.4.8.4.2 Emergency power loads in Group R-2 occupancies. Group  R-2
 occupancies  in  buildings  greater  than 125 feet (38 100 mm) in height
 shall be required to provide an emergency power system  to  support  the
 following loads:
   1. Exit signs and means of egress illumination required by Chapter 10;
   2.  Emergency  voice communications systems, including Fire Department
 in-building Auxiliary Radio Communication systems (ARCs); [and]
   3. Electrically powered fire pumps, unless  electrical  power  to  the
 motor  is  taken  ahead  of  the  main from the street side of the house
 service switch[.];
   4. AT LEAST ONE ELEVATOR SERVING ALL FLOORS, OR ONE ELEVATOR PER  BANK
 WHERE DIFFERENT BANKS SERVE DIFFERENT PORTIONS OF THE BUILDING; AND
   5. ELECTRICITY FOR DEDICATED SAFE SPACES, PURSUANT TO SECTION 403.4.9.
   §  2.  The  New  York  city  building  code is amended by adding a new
 section 403.4.9 to read as follows:
   403.4.9 EMERGENCY MEDICAL SUPPLIES AND SAFE SPACES FOR OCCUPANTS.  ALL
 RESIDENTIAL  OCCUPANCIES  IN BUILDINGS GREATER THAN 125 FEET (38 100 MM)
 IN HEIGHT SHALL BE REQUIRED TO  DESIGNATE  SAFE  SPACES  FOR  VULNERABLE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05626-01-3
              

 S. 2746                             2
 
 OCCUPANTS,  IN  THE  EVENT OF A POWER OUTAGE OR EMERGENCY SITUATION THAT
 DOES NOT NECESSITATE  EVACUATION.  VULNERABLE  OCCUPANTS  SHALL  INCLUDE
 THOSE OCCUPANTS WHO ARE ELDERLY, OR CHRONICALLY ILL OR DISABLED, INCLUD-
 ING  THOSE  SUFFERING FROM MENTAL ILLNESS AND THOSE PERSONS SPECIFIED IN
 SUBDIVISION 2 OF SECTION 23-D OF THE EXECUTIVE  LAW.  SUCH  SAFE  SPACES
 SHALL  BE  EQUIPPED  WITH  A RANGE OF MEDICAL SUPPLIES WITH A PARTICULAR
 FOCUS ON SUPPLIES USED BY OCCUPANTS  THAT  REQUIRE  ACCESS  TO  A  POWER
 SOURCE AND SUPPLIES USED BY PERSONS INCLUDED IN THE REGISTRY ESTABLISHED
 PURSUANT TO SUBDIVISION 2 OF SECTION 23-D OF THE EXECUTIVE LAW.
   §  3.  The  New  York  city  building  code is amended by adding 4 new
 sections  403.5.7,  403.5.7.1,  403.5.7.2,  and  403.5.7.3  to  read  as
 follows:
   403.5.7  EMERGENCY EVACUATION PLANS FOR VULNERABLE OCCUPANTS. AN EMER-
 GENCY EVACUATION PLAN FOR VULNERABLE OCCUPANTS  SHALL  BE  PREPARED  AND
 MAINTAINED  FOR  ALL RESIDENTIAL OCCUPANCIES. THE TERM "VULNERABLE OCCU-
 PANTS" SHALL INCLUDE THE FOLLOWING:
   1. OCCUPANTS WHO ARE ELDERLY, OR CHRONICALLY ILL OR DISABLED,  INCLUD-
 ING THOSE SUFFERING FROM MENTAL ILLNESS.
   2.  ANY  OCCUPANT WHO VOLUNTARILY SUBMITS HIS OR HER PERSONAL INFORMA-
 TION FOR INCLUSION IN THE REGISTRY ESTABLISHED PURSUANT TO SUBDIVISION 2
 OF SECTION 23-D OF THE EXECUTIVE LAW.
   THE EVACUATION PLAN SHALL INCLUDE SPECIAL EMPLOYEE ACTIONS AND  PROCE-
 DURES  NECESSARY  FOR SUCH VULNERABLE OCCUPANTS, AND SHALL BE AMENDED OR
 REVISED UPON THE OCCUPANCY OF AN INDIVIDUAL WITH UNUSUAL NEEDS.
   403.5.7.1 EVACUATION PLAN POSTING SITES. A COPY OF THE EVACUATION PLAN
 AND A DIAGRAM DEPICTING EVACUATION ROUTES SHALL BE GIVEN  TO  VULNERABLE
 OCCUPANTS  PRIOR  TO  INITIAL  OCCUPANCY. A DIAGRAM DEPICTING EVACUATION
 ROUTES SHALL ALSO BE POSTED ON OR IMMEDIATELY  ADJACENT  TO  EVERY  DOOR
 OPENING INTO INTERIOR STAIR ENCLOSURES AND IMMEDIATELY ADJACENT TO OCCU-
 PANT EVACUATION ELEVATORS.
   403.5.7.2  EMPLOYEE  TRAINING. EMPLOYEES SHALL BE PERIODICALLY TRAINED
 IN THE ACTIONS AND PROCEDURES TO TAKE IN THE EVENT VULNERABLE  OCCUPANTS
 REQUIRE  EVACUATION  AND  SHALL  BE  KEPT  INFORMED  OF THEIR DUTIES AND
 RESPONSIBILITIES UNDER THE PLAN.
   403.5.7.3 OCCUPANT TRAINING. VULNERABLE OCCUPANTS CAPABLE OF ASSISTING
 IN THEIR OWN EVACUATION SHALL BE TRAINED IN THE PROPER ACTIONS  TO  TAKE
 IN  THE  EVENT  OF  AN  EVACUATION.  VULNERABLE  OCCUPANTS SHALL ALSO BE
 TRAINED TO ASSIST EACH OTHER IN CASE OF EVACUATION TO THE  EXTENT  THEIR
 PHYSICAL  AND  MENTAL  ABILITIES PERMIT THEM TO DO SO WITHOUT ADDITIONAL
 PERSONAL RISK.   IN BUILDINGS USING  OCCUPANT  EVACUATION  ELEVATORS  IN
 ACCORDANCE  WITH  SECTION  3008,  OCCUPANT  TRAINING  SHALL  INCORPORATE
 SPECIFIC PROCEDURES FOR THE OCCUPANTS USING SUCH ELEVATORS.
   § 4. The executive law is amended by adding a new section 23-d to read
 as follows:
   § 23-D. NATURALLY OCCURRING RETIREMENT COMMUNITY REGISTRY  OF  ELDERLY
 OR DISABLED PERSONS; NOTICE. 1. FOR THE PURPOSES OF THIS SECTION:
   (A)  "COVERED MUNICIPALITY" SHALL MEAN A COUNTY OR CITY WITH A COMPRE-
 HENSIVE EMERGENCY MANAGEMENT PLAN PURSUANT TO  SECTION  TWENTY-THREE  OF
 THIS ARTICLE;
   (B)  "CHIEF  EXECUTIVE"  SHALL  MEAN  THE CHIEF EXECUTIVE OF A COVERED
 MUNICIPALITY;
   (C) "NATURALLY OCCURRING RETIREMENT COMMUNITY"  SHALL  HAVE  THE  SAME
 MEANING  AS  IN  PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
 NINE OF THE ELDER LAW AND SHALL INCLUDE NEIGHBORHOOD NATURALLY OCCURRING
 RETIREMENT COMMUNITY AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION  ONE  OF
 SECTION TWO HUNDRED NINE OF THE ELDER LAW;
 S. 2746                             3
 
   (D)  "REGISTRY"  SHALL  MEAN THE LIST THAT IS COMPILED BY EACH COVERED
 MUNICIPALITY OF ELDERLY OR DISABLED PERSONS LOCATED WITHIN  A  NATURALLY
 OCCURRING  RETIREMENT  COMMUNITY AS ESTABLISHED UNDER SUBDIVISION TWO OF
 THIS SECTION; AND
   (E)  "NATURALLY  OCCURRING  RETIREMENT  COMMUNITY DATABASE" OR "NORCD"
 SHALL MEAN THE COMPREHENSIVE LIST OF EVERY COVERED MUNICIPALITY REGISTRY
 AS ESTABLISHED UNDER SUBDIVISION EIGHT OF THIS SECTION.
   2. IN EACH COVERED MUNICIPALITY, IN ORDER TO MEET THE SPECIAL NEEDS OF
 PERSONS WHO WOULD NEED ASSISTANCE DURING EVACUATIONS OR OTHER  EMERGENCY
 SITUATIONS  AND  SHELTERING  BECAUSE OF PHYSICAL OR MENTAL HANDICAPS, OR
 WHOSE ABILITY TO CARE FOR THEMSELVES DURING AN  EMERGENCY  SITUATION  IS
 ADVERSELY  AFFECTED  BY  ADVANCED AGE, OR PERMANENT OR TEMPORARY MEDICAL
 CONDITION OF THE USE OF A MEDICAL DEVICE THAT  REQUIRES  ELECTRICITY  TO
 OPERATE,  EACH  CHIEF EXECUTIVE OF SUCH COVERED MUNICIPALITY SHALL MAIN-
 TAIN A  REGISTRY  OF  ELDERLY  OR  DISABLED  PERSONS  LOCATED  WITHIN  A
 NATURALLY  OCCURRING  RETIREMENT COMMUNITY WHO VOLUNTARILY SUBMIT HIS OR
 HER INFORMATION FOR INCLUSION IN THE REGISTRY. THE REGISTRY SHALL  IDEN-
 TIFY  THOSE  PERSONS  IN  NEED OF ASSISTANCE AND PLAN FOR RESOURCE ALLO-
 CATION, INCLUDING BUT NOT LIMITED TO MEDICAL  DEVICES  AND  SUPPLIES  TO
 MEET THOSE IDENTIFIED NEEDS.  TO ASSIST THE CHIEF EXECUTIVE IN IDENTIFY-
 ING  SUCH  PERSONS,  THE COVERED MUNICIPALITY'S DEPARTMENT OF HEALTH, OR
 SUCH OTHER DEPARTMENT OR AGENCY AS DESIGNATED BY  THE  CHIEF  EXECUTIVE,
 SHALL  PROVIDE  VOLUNTARY  REGISTRATION  INFORMATION TO ALL RESIDENTS OF
 AREAS DETERMINED TO BE NATURALLY OCCURRING RETIREMENT  COMMUNITIES.  THE
 REGISTRY  SHALL  BE  UPDATED AT LEAST EVERY SIX MONTHS. THE REGISTRATION
 PROGRAM SHALL GIVE ELDERLY OR DISABLED PERSONS THE OPTION OF PRE-AUTHOR-
 IZING EMERGENCY RESPONSE PERSONNEL TO ENTER THEIR  HOMES  DURING  SEARCH
 AND  RESCUE  OPERATIONS  IF NECESSARY TO ENSURE THEIR SAFETY AND WELFARE
 DURING DISASTERS.
   3. UPON THE ESTABLISHMENT OF A REGISTRY AS PROVIDED UNDER  SUBDIVISION
 TWO OF THIS SECTION, THE CHIEF EXECUTIVE SHALL MAKE SUCH REGISTRY AVAIL-
 ABLE  TO  THE  APPROPRIATE  CITY, COUNTY, STATE AND FEDERAL AGENCIES FOR
 THEIR USE IN DELIVERING SERVICES IN THE EVENT OF A LOCAL OR STATE DISAS-
 TER. THE CHIEF EXECUTIVE SHALL AT LEAST EVERY SIX  MONTHS  PROVIDE  SUCH
 REGISTRY  INFORMATION  TO THE NEW YORK STATE OFFICE OF EMERGENCY MANAGE-
 MENT, INCLUDING ALL UPDATES TO SUCH REGISTRY INFORMATION, FOR  PLACEMENT
 IN THE NORCD AS ESTABLISHED UNDER SUBDIVISION EIGHT OF THIS SECTION. THE
 CHIEF EXECUTIVE MAY, AT HIS OR HER DISCRETION, USE THE REGISTRY INFORMA-
 TION  FOR  LOCAL  DISASTER  PREPAREDNESS ONLY IN COORDINATION WITH OTHER
 POLITICAL SUBDIVISIONS OF THE STATE.
   4. UPON THE ESTABLISHMENT OF A REGISTRY AS PROVIDED UNDER  SUBDIVISION
 TWO  OF  THIS  SECTION,  AT LEAST EVERY SIX MONTHS, EACH CHIEF EXECUTIVE
 SHALL CAUSE TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN
 A COVERED MUNICIPALITY THAT CONTAINS A  NATURALLY  OCCURRING  RETIREMENT
 COMMUNITY,  A  NOTICE  OF THE AVAILABILITY OF THE VOLUNTARY REGISTRATION
 PROGRAM.
   5. ALL RECORDS, DATA, INFORMATION, CORRESPONDENCE  AND  COMMUNICATIONS
 RELATING  TO THE REGISTRATION OF ELDERLY OR DISABLED PERSONS AS PROVIDED
 UNDER SUBDIVISION TWO OF THIS SECTION ARE CONFIDENTIAL, EXCEPT THAT SUCH
 INFORMATION SHALL BE AVAILABLE TO THE CHIEF EXECUTIVES OF OTHER  COVERED
 MUNICIPALITIES AND THE NORCD FOR LOCAL DISASTER PREPAREDNESS ONLY AS THE
 CHIEF  EXECUTIVE  OF  THE COVERED MUNICIPALITY MAINTAINING SUCH REGISTRY
 DEEMS NECESSARY.  PROVIDED, HOWEVER, THE INDIVIDUAL  FILE  OF  A  PERSON
 HAVING REGISTERED WITH THE REGISTRY OF ELDERLY OR DISABLED PERSONS SHALL
 BE MADE AVAILABLE TO THAT PERSON UPON REQUEST.
 S. 2746                             4
 
   6.  ALL  COMMUNITY-BASED SERVICES PROVIDERS, INCLUDING BUT NOT LIMITED
 TO HOME HEALTH CARE PROVIDERS AND THE DIRECTOR OF THE  NATURALLY  OCCUR-
 RING RETIREMENT COMMUNITY SUPPORTIVE SERVICE PROGRAM PURSUANT TO SECTION
 TWO  HUNDRED NINE OF THE ELDER LAW, SHALL ASSIST EACH CHIEF EXECUTIVE BY
 COLLECTING  REGISTRATION  INFORMATION FOR ELDERLY OR DISABLED PERSONS AS
 PART OF PROGRAM INTAKE PROCESSES, ESTABLISHING PROGRAMS TO INCREASE  THE
 AWARENESS  OF  THE REGISTRATION PROCESS, AND EDUCATING CLIENTS ABOUT THE
 PROCEDURES THAT MAY BE NECESSARY FOR THEIR SAFETY DURING DISASTERS.
   7. A COVERED MUNICIPALITY SHALL NOT BE LIABLE FOR ANY CLAIM BASED UPON
 THE GOOD FAITH EXERCISE OR PERFORMANCE OR  THE  GOOD  FAITH  FAILURE  TO
 EXERCISE  OR  PERFORM  A  FUNCTION OR DUTY ON THE PART OF ANY OFFICER OR
 EMPLOYEE IN CARRYING OUT A LOCAL DISASTER PREPAREDNESS PLAN.
   8. (A) THE COMMISSION SHALL ESTABLISH THE  NORCD  AND  THE  COMMISSION
 SHALL  ACCEPT  VOLUNTARY  REGISTRANTS  DIRECTLY AS NEEDED, AT WHICH TIME
 SUCH REGISTRATION INFORMATION COLLECTED SHALL BE FORWARDED TO THE APPRO-
 PRIATE COVERED MUNICIPALITY FOR INCLUSION IN THE COVERED  MUNICIPALITY'S
 REGISTRY.
   (B)  THE NORCD SHALL BE MADE ACCESSIBLE TO ALL SUCH APPROPRIATE STATE,
 COUNTY AND CITY EMERGENCY RESPONSE PERSONNEL AND ORGANIZATIONS AS MAY BE
 DEEMED APPROPRIATE BY THE COMMISSION  IN  ORDER  TO  PROPERLY  PLAN  FOR
 SECURING  THE  NEEDS,  SAFETY,  AND  WELL-BEING OF THE REGISTRANTS. THIS
 SHALL INCLUDE, BUT NOT BE LIMITED TO, PLANNING FOR EVACUATIONS,  ASSESS-
 ING THE NEED FOR INDIVIDUAL EVACUATIONS DURING EMERGENCY SITUATIONS THAT
 MAY  NOT  REQUIRE  THE EVACUATION OF THE GENERAL PUBLIC, PRE-POSITIONING
 EQUIPMENT AND SUPPLIES INCLUDING ALTERNATIVES TO  MEDICAL  DEVICES  THAT
 REQUIRE ELECTRICITY TO OPERATE, OR SUCH OTHER MEASURES AS THE COMMISSION
 DEEMS  NECESSARY  TO ACCOMPLISH THE OBJECTIVES OF THIS ARTICLE. IN ADDI-
 TION, THE NORCD SHALL BE MADE  ACCESSIBLE  TO  ALL  APPROPRIATE  FEDERAL
 EMERGENCY  RESPONSE ORGANIZATIONS AND PERSONNEL AND SHALL BE MADE AVAIL-
 ABLE TO SUCH OTHER VOLUNTARY  RELIEF  ORGANIZATIONS  AS  THE  COMMISSION
 DEEMS NECESSARY.
   (C)  ALL RECORDS, DATA, INFORMATION, CORRESPONDENCE AND COMMUNICATIONS
 RELATING TO THE NORCD SHALL BE CONFIDENTIAL, EXCEPT THAT  SUCH  INFORMA-
 TION MAY BE MADE AVAILABLE AT THE DISCRETION OF THE COMMISSION IN FURTH-
 ERANCE  OF  THE  OBJECTIVES  OF  THIS  ARTICLE. THE INDIVIDUAL FILE OF A
 PERSON HAVING INFORMATION IN THE NORCD SHALL BE MADE AVAILABLE  TO  THAT
 PERSON UPON REQUEST.
   (D)  THE  COMMISSION  SHALL NOT BE LIABLE FOR ANY CLAIM BASED UPON THE
 GOOD FAITH EXERCISE OR PERFORMANCE OR THE GOOD FAITH FAILURE TO EXERCISE
 OR PERFORM A FUNCTION OR DUTY ON THE PART OF ANY OFFICER OR EMPLOYEE  IN
 THE MAINTENANCE OR USAGE OF THE NORCD.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.