S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1104
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Housing,
   Construction and Community Development
 
 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
 SHALL ONLY BE MAINTAINED FOR THE PURPOSE OF AN EMERGENCY EVACUATION, AND
 SHALL NOT BE DISSEMINATED FOR ANY OTHER PURPOSE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07341-01-1
              

 S. 1104                             2
 
   (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.