S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8028
 
                             I N  S E N A T E
 
                              January 5, 2024
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 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:
 
   Section 1. Subdivision 3-a of section 378 of  the  executive  law,  as
 added by a chapter of the laws of 2023 amending the executive law relat-
 ing  to  standards  for establishing and maintaining an emergency evacu-
 ation plan for individuals with disabilities, as proposed in legislative
 bills numbers S. 264-A and A. 6291-A, is amended to read as follows:
   3-a. a. Standards for emergency planning and  preparedness  for  high-
 rise  buildings  [to ensure emergency evacuation drills, fire safety and
 emergency evacuation plans, employee training and  response  procedures,
 hazard  communication,  and  use  and  occupancy-related standards] THAT
 address the needs of individuals with disabilities which shall be devel-
 oped in consultation with ORGANIZATIONS THAT ADVOCATE ON BEHALF OF INDI-
 VIDUALS WITH DISABILITIES TO BE IDENTIFIED BY the [independent agency as
 described in subdivision (b) of section five hundred fifty-eight of this
 chapter] DEPARTMENT OF STATE IN CONSULTATION  WITH  THE  OFFICE  OF  THE
 CHIEF DISABILITY OFFICER.
   b.  The  [following  elements]  STANDARDS  TO  BE  DEVELOPED shall [be
 included in each emergency evacuation plan] CONSIDER BUT NOT BE  LIMITED
 TO:
   (i) procedures for evacuating individuals with disabilities;
   (ii)  IF  IT IS NECESSARY FOR THE FIRE SAFETY AND EMERGENCY EVACUATION
 PLAN THAT THE OWNER OR THE OWNER'S AGENT SHALL ESTABLISH AND MAINTAIN TO
 INCLUDE a list of NAMES AND ROOM NUMBERS FOR individuals with  disabili-
 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
 S. 8028                             2

 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] AND HAVE REQUESTED THAT
 THEIR NAMES AND ROOM NUMBERS BE INCLUDED IN SUCH LIST;
   (iii)  IF IT IS NECESSARY FOR THE FIRE SAFETY AND EMERGENCY EVACUATION
 PLAN THAT THE OWNER OR THE OWNER'S AGENT SHALL ESTABLISH AND MAINTAIN TO
 INCLUDE a notification  mechanism  to  the  occupants  that  a  list  of
 [persons] INDIVIDUALS with disabilities [in] WHO WOULD need [of] assist-
 ance in case of an emergency [exists] MAY EXIST and is maintained by the
 owner  or  the  owner's  agent,  THAT SUCH LIST WOULD INCLUDE ONLY THOSE
 INDIVIDUALS WHO HAVE REQUESTED INCLUSION, THAT SUCH LIST WOULD  BE  MADE
 AVAILABLE TO BUILDING STAFF AND MANAGEMENT AS WELL AS LOCAL LAW ENFORCE-
 MENT  AND  FIRE  SAFETY PERSONNEL, and the method by which occupants can
 AFFIRMATIVELY place their name on such list;
   (iv) [a requirement that the building owner or the owner's agent shall
 publicly post the emergency contact information for the building on each
 floor, and make updates as necessary;
   (v) the] IF IT IS NECESSARY FOR THE FIRE SAFETY AND  EMERGENCY  EVACU-
 ATION PLAN THAT THE OWNER OR THE OWNER'S AGENT SHALL ESTABLISH AND MAIN-
 TAIN  TO  INCLUDE  INFORMATION  ON  THE  location and type of evacuation
 assistance devices or assistive technologies that are  available  within
 the building; and
   [(vi)  areas  of  rescue which 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 Amer-
 icans with Disabilities Act guidelines]
   (V)  IF  IT  IS NECESSARY FOR THE FIRE SAFETY AND EMERGENCY EVACUATION
 PLAN THAT THE OWNER OR THE OWNER'S AGENT SHALL ESTABLISH AND MAINTAIN TO
 CONTAIN FLOOR PLANS  IDENTIFYING  THE  LOCATIONS  OF  ACCESSIBLE  EGRESS
 ROUTES, INCLUDING AREAS OF REFUGE AND EXTERIOR AREAS FOR ASSISTED CARE.
   c.  Notwithstanding  any  provision  of law to the contrary, standards
 developed pursuant to this subdivision shall specify that:
   (i) it shall be the duty of every owner of a high-rise building, or of
 the owner's agent, to establish and maintain  [an]  A  FIRE  SAFETY  AND
 emergency evacuation plan as provided for in this subdivision;
   (ii)  the  owner or owner's agent shall make the FIRE SAFETY AND emer-
 gency evacuation plan available [upon request to:
   (A)] IN THE BUILDING FOR REFERENCE AND REVIEW BY  BUILDING  MANAGEMENT
 AND  STAFF,  SUBJECT TO PARAGRAPH H OF THIS SUBDIVISION, AND BY BUILDING
 OCCUPANTS, PROVIDED THAT IF ANY SUCH PLAN IS REQUIRED TO INCLUDE A  LIST
 OF  INDIVIDUALS  WITH  DISABILITIES  WHO HAVE AFFIRMATIVELY NOTIFIED THE
 OWNER OR THE OWNER'S AGENT THAT THEY ARE DISABLED, WOULD NEED ASSISTANCE
 IN THE CASE OF AN EMERGENCY, AND HAVE REQUESTED  THAT  THEIR  NAMES  AND
 ROOM  NUMBERS  BE INCLUDED IN SUCH LIST, BUILDING OCCUPANTS SHALL NOT BE
 GIVEN ACCESS TO ANY SUCH LIST OF INDIVIDUALS WITH DISABILITIES AND THEIR
 ROOM NUMBERS;
   (III) COPIES OF THE FIRE SAFETY AND EMERGENCY EVACUATION PLAN SHALL BE
 PROVIDED TO  local  law  enforcement  and  fire  safety  personnel  UPON
 REQUEST; and
   [(B)  employees, tenants, or guests located in the high-rise building;
 and
   (iii)] (IV) the FIRE SAFETY AND emergency  evacuation  plan  shall  be
 made available in a large-print document (18-point font size or larger);
 Braille  (Grade  II); and/or any other alternative formats upon request,
 S. 8028                             3
 
 SUBJECT TO THE LIMITATIONS ON DISSEMINATION TO BUILDING OCCUPANTS OF ANY
 LIST OF INDIVIDUALS WITH DISABILITIES AND THEIR ROOM  NUMBERS  CONTAINED
 IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   d.  A  copy  of the FIRE SAFETY AND emergency evacuation plan shall be
 maintained at all times in a place easily accessible by law  enforcement
 and/or  fire safety personnel[, including]. SUCH A PLACE MAY INCLUDE but
 IS not limited to the management  office,  the  security  desk,  in  the
 vicinity  of  the  firefighter's  elevator  recall  key, the life safety
 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.]
   e. [Every high-rise building owner or the agent of  such  owner  shall
 post  emergency  contact  information  for  the  building  in a publicly
 conspicuous area on each  floor  of  the  building.  If  such  emergency
 contact information changes, such owner or agent shall post a new notice
 as soon as practicable.
   f.] On an annual basis, every high-rise building owner or the agent of
 such  owner  shall  update the FIRE SAFETY AND emergency evacuation plan
 and provide occupants with a notice detailing the provisions of the FIRE
 SAFETY AND emergency evacuation plan.
   [g. A copy of the emergency evacuation plan shall be  filed  with  the
 department of state within one year of the effective date of this subdi-
 vision, and an updated emergency evacuation plan shall be filed with the
 department of state annually thereafter.
   h.  High-rise buildings located in municipalities with a population of
 over one million are exempt from developing such plan  if  such  munici-
 palities  have  ordinances,  rules,  codes or regulations that establish
 emergency evacuation procedures specifically for people  with  disabili-
 ties in high-rise buildings.
   i. A knowing failure to comply with any provision within this subdivi-
 sion  shall  be  punishable  by  a  civil  penalty of up to five hundred
 dollars.
   j.] F. As used in this subdivision,  "high-rise    building"  means  a
 building  with  an  occupied  floor  located more than seventy-five feet
 above the lowest level of fire department vehicle access.
   G. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION,  (I)  THIS
 SUBDIVISION  SHALL  NOT APPLY TO HOSPITALS AS DEFINED IN SUBDIVISION ONE
 OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH  LAW,  ASSISTED
 LIVING  RESIDENCES  LICENSED  UNDER  ARTICLE  FORTY-SIX-B  OF THE PUBLIC
 HEALTH LAW, AND ADULT CARE FACILITIES LICENSED UNDER  ARTICLE  SEVEN  OF
 THE  SOCIAL SERVICES LAW; AND (II) RESIDENTIAL HIGH-RISE BUILDINGS WHOSE
 UNITS ARE LIMITED TO HOUSEHOLDS CONTAINING RESIDENTS FIFTY YEARS OF  AGE
 AND  OLDER  AND  THAT  HAVE  IMPLEMENTED SPECIALIZED EVACUATION PLANS IN
 CONSULTATION WITH LOCAL FIRST RESPONDERS MAY USE THOSE PLANS TO  SATISFY
 THE REQUIREMENTS OF THIS SUBDIVISION.
   H.  ANY BUILDING MANAGEMENT, BUILDING STAFF, LOCAL LAW ENFORCEMENT AND
 FIRE SAFETY PERSONNEL WHO RECEIVE, AS PART OF OR IN  CONNECTION  WITH  A
 FIRE  SAFETY  AND  EMERGENCY  EVACUATION PLAN DEVELOPED PURSUANT TO THIS
 SUBDIVISION, A LIST OF INDIVIDUALS WITH DISABILITIES WHO REQUIRE ASSIST-
 ANCE IN THE EVENT OF AN EMERGENCY SHALL MAINTAIN THE CONFIDENTIALITY  OF
 THE  INFORMATION  IN  SUCH  LIST  AND SHALL USE AND DISCLOSE IT ONLY FOR
 PURPOSES PERMITTED PURSUANT TO THIS SUBDIVISION OR ANY STANDARDS  DEVEL-
 OPED PURSUANT TO THIS SUBDIVISION.
   § 2. Section 2 of 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 legis-
 S. 8028                             4
 
 lative bills numbers S. 264-A and A.  6291-A,  is  amended  to  read  as
 follows:
   §  2.  This act shall take effect [on the ninetieth day after it shall
 have become a law; provided, however, that high-rise building owners  or
 their  agents shall have one year from the effective date of this act to
 establish an emergency evacuation plan] JANUARY 1, 2025. EFFECTIVE IMME-
 DIATELY, THE ADDITION, AMENDMENT AND/OR REPEAL OF ANY RULE OR REGULATION
 NECESSARY FOR THE IMPLEMENTATION OF THIS ACT ON ITS EFFECTIVE  DATE  ARE
 AUTHORIZED TO BE MADE AND COMPLETED ON OR BEFORE SUCH EFFECTIVE DATE.
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the same date  and  in  the
 same  manner as 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 legis-
 lative bills numbers S. 264-A and A. 6291-A, takes effect.