S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6287
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2017
                                ___________
 
 Introduced by M. of A. BARRETT, WEPRIN, TITUS, PAULIN, ORTIZ, ROSENTHAL,
   KAVANAGH,  ABINANTI,  BENEDETTO,  JAFFEE, CUSICK, SIMON, M. G. MILLER,
   SEPULVEDA -- Multi-Sponsored by -- M. of A. ABBATE, COOK,  CYMBROWITZ,
   GLICK,  GOTTFRIED,  HIKIND,  HOOPER,  MAGEE,  PERRY  --  read once and
   referred to the Committee on Governmental Operations

 AN ACT to amend the executive law, in relation to establishing and main-
   taining an emergency evacuation plan for individuals with disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  executive  law is amended by adding two new sections
 378-a and 378-b to read as follows:
   § 378-A. STANDARDS FOR EMERGENCY PLANNING AND PREPAREDNESS.  1.    THE
 STATE  FIRE  PREVENTION  AND  BUILDING CODE COUNCIL SHALL UPDATE CHAPTER
 FOUR OF THE NEW YORK STATE FIRE CODE,  TITLED  "EMERGENCY  PLANNING  AND
 PREPAREDNESS",  TO  ENSURE  EMERGENCY EVACUATION DRILLS, FIRE SAFETY AND
 EMERGENCY EVACUATION PLANS, EMPLOYEE TRAINING AND  RESPONSE  PROCEDURES,
 HAZARD  COMMUNICATION,  AND  USE AND OCCUPANCY-RELATED STANDARDS ADDRESS
 THE NEEDS OF INDIVIDUALS WITH  DISABILITIES.  THE  PROCESS  OF  UPDATING
 CHAPTER FOUR OF THE NEW YORK STATE FIRE CODE AS IT PERTAINS TO THE NEEDS
 OF  PERSONS  WITH  DISABILITIES  SHALL  BE DONE IN CONSULTATION WITH THE
 INDEPENDENT AGENCY AS DESCRIBED  IN  SUBDIVISION  (B)  OF  SECTION  FIVE
 HUNDRED FIFTY-EIGHT OF THIS CHAPTER.
   2.  THE  STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL PROMUL-
 GATE REGULATIONS TO REQUIRE THE FOLLOWING ELEMENTS  TO  BE  INCLUDED  IN
 EACH EMERGENCY EVACUATION PLAN:
   (A) PROCEDURES FOR EVACUATING INDIVIDUALS WITH DISABILITIES;
   (B)  A  LIST  OF  INDIVIDUALS  WITH DISABILITIES WHO HAVE NOTIFIED THE
 OWNER THAT THEY ARE DISABLED AND WOULD REQUIRE ASSISTANCE IN  THE  EVENT
 OF  AN  EMERGENCY. THE LIST SHALL INCLUDE THE FLOOR AND ROOM NUMBER THAT
 THE INDIVIDUAL WITH A DISABILITY OCCUPIES WITHIN THE BUILDING. SUCH LIST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02752-01-7
              

 A. 6287                             2
 
 SHALL ONLY BE MAINTAINED FOR THE PURPOSE OF AN EMERGENCY EVACUATION, AND
 SHALL NOT BE DISSEMINATED FOR ANY OTHER PURPOSE;
   (C)  A  NOTIFICATION MECHANISM TO THE OCCUPANTS THAT A LIST OF PERSONS
 WITH DISABILITIES IN NEED OF ASSISTANCE IN CASE OF AN  EMERGENCY  EXISTS
 AND  IS  MAINTAINED  BY  THE OWNER AND THE METHOD BY WHICH OCCUPANTS CAN
 PLACE THEIR NAME ON SUCH LIST;
   (D) THE LOCATION AND TYPE OF EVACUATION ASSISTANCE DEVICES  OR  ASSIS-
 TIVE TECHNOLOGIES THAT ARE AVAILABLE WITHIN THE BUILDING; AND
   (E)  AREAS  OF  RESCUE.  THESE AREAS SHALL BE IDENTIFIED BY SIGNS THAT
 STATE "AREA OF RESCUE ASSISTANCE" AND DISPLAY THE  INTERNATIONAL  SYMBOL
 OF  ACCESSIBILITY.  LETTERING  MUST BE PERMANENT AND COMPLY WITH FEDERAL
 AMERICANS WITH DISABILITIES ACT GUIDELINES.
   § 378-B. EMERGENCY EVACUATION PLAN. 1. NOTWITHSTANDING  ANY  PROVISION
 OF  LAW  TO THE CONTRARY, IT SHALL BE THE DUTY OF EVERY OWNER OF A HIGH-
 RISE BUILDING, AS DEFINED IN SECTION FOUR HUNDRED THREE OF THE  BUILDING
 CODE  OF  NEW  YORK STATE, TO ESTABLISH AND MAINTAIN AN EMERGENCY EVACU-
 ATION PLAN AS PROVIDED FOR IN REGULATIONS  ISSUED  PURSUANT  TO  SECTION
 THREE HUNDRED SEVENTY-EIGHT-A OF THIS ARTICLE.
   2.  SUCH OWNER SHALL MAKE THE PLAN AVAILABLE IN A LARGE-PRINT DOCUMENT
 (18-POINT FONT SIZE OR LARGER) AND BRAILLE (GRADE II) UPON REQUEST TO:
   (A) LOCAL LAW ENFORCEMENT AND FIRE SAFETY PERSONNEL; AND
   (B) EMPLOYEES, TENANTS, OR GUESTS LOCATED IN THE HIGH-RISE BUILDING.
   3. A COPY OF SUCH PLAN SHALL BE MAINTAINED AT ALL  TIMES  IN  A  PLACE
 EASILY  ACCESSIBLE  BY  LAW  ENFORCEMENT  AND/OR  FIRE SAFETY PERSONNEL,
 INCLUDING BUT NOT LIMITED TO THE MANAGEMENT OFFICE, THE  SECURITY  DESK,
 IN THE VICINITY OF THE FIREFIGHTER'S ELEVATOR RECALL KEY, THE LIFE SAFE-
 TY  PANEL, OR THE FIRE PUMP ROOM. IN THE ABSENCE OF ANY OF THE LOCATIONS
 LISTED IN THIS SUBDIVISION, A COPY OF SUCH PLAN SHALL BE POSTED  IN  THE
 FRONT ENTRY OF THE BUILDING.
   4.  ON  AN  ANNUAL  BASIS, EVERY HIGH-RISE BUILDING OWNER SHALL UPDATE
 SUCH EMERGENCY EVACUATION PLAN  AND  PROVIDE  OCCUPANTS  WITH  A  NOTICE
 DETAILING THE PROVISIONS OF THE EMERGENCY EVACUATION PLAN.
   5.  A  COPY  OF  SUCH PLAN SHALL BE FILED WITH THE DEPARTMENT OF STATE
 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION,  AND  AN  UPDATED
 EMERGENCY  EVACUATION  PLAN  SHALL BE FILED WITH THE DEPARTMENT OF STATE
 ANNUALLY THEREAFTER.
   6. OWNERS LOCATED IN MUNICIPALITIES WITH  A  POPULATION  OF  OVER  ONE
 MILLION ARE EXEMPT FROM DEVELOPING SUCH PLAN IF SUCH MUNICIPALITIES HAVE
 ORDINANCES,  RULES, CODES OR REGULATIONS THAT ESTABLISH EMERGENCY EVACU-
 ATION PROCEDURES SPECIFICALLY FOR PEOPLE WITH DISABILITIES IN  HIGH-RISE
 BUILDINGS.
   7.  KNOWING  FAILURE  TO COMPLY WITH ANY PROVISION WITHIN THIS SECTION
 SHALL BE PUNISHABLE BY A CIVIL PENALTY OF UP TO FIVE HUNDRED DOLLARS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law;  provided, however, that high-rise building owners
 shall have one year from the effective date of this act to establish  an
 emergency evacuation plan.