S T A T E   O F   N E W   Y O R K
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                                 10201--A
                                                         Cal. No. 822
 
                           I N  A S S E M B L Y
 
                              March 22, 2018
                                ___________
 
 Introduced  by  M.  of A. SKOUFIS, WEPRIN, STERN, SIMON -- read once and
   referred to the Committee on Governmental Operations --  reported  and
   referred  to  the  Committee  on Codes -- advanced to a third reading,
   passed by Assembly and delivered to  the  Senate,  recalled  from  the
   Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
   its place on the order of third reading
 
 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.    (A)
 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.
   (B) PROVIDED HOWEVER, ANY TENANT OR RESIDENT OF A BUILDING WHO IS  NOT
 AN  EMPLOYEE  OF SUCH BUILDING SHALL NOT BE REQUIRED TO EVACUATE PERSONS
 WITH DISABILITIES OR ASSIST WITH SUCH EVACUATION  AND  SHALL  BE  EXEMPT
 FROM  PERSONAL LIABILITY FOR THE FAILURE TO EVACUATE A DISABLED INDIVID-
 UAL IF HE OR SHE ACTED IN GOOD FAITH.
   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.  MUNICI-
 PALITIES  WITH  A  POPULATION OF ONE MILLION OR MORE ARE EXEMPT FROM THE
 PROCEDURES PROMULGATED PURSUANT TO THIS PARAGRAPH IF SUCH MUNICIPALITIES
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02752-09-8

 A. 10201--A                         2
 
 HAVE ORDINANCES, RULES, CODES OR REGULATIONS THAT ESTABLISH SUBSTANTIAL-
 LY EQUIVALENT PROCEDURES FOR EVACUATING INDIVIDUALS WITH DISABILITIES;
   (B)  A  LIST  OF  INDIVIDUALS  WITH DISABILITIES WHO HAVE NOTIFIED THE
 OWNER OR MANAGING AGENT THAT THEY ARE DISABLED AND WOULD REQUIRE ASSIST-
 ANCE 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 EMER-
 GENCY 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 OR MANAGING AGENT 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.
   3. THE CREATION, POSSESSION OR MAINTENANCE OF A LIST OF DISABLED INDI-
 VIDUALS BY A BUILDING OWNER OR MANAGING AGENT AS REQUIRED BY  PARAGRAPHS
 (B)  AND  (C) OF SUBDIVISION TWO OF THIS SECTION SHALL NOT BE CONSIDERED
 PRIMA FACIE EVIDENCE OF AN UNLAWFUL DISCRIMINATORY  PRACTICE  PROHIBITED
 UNDER SECTION TWO HUNDRED NINETY-SIX OF THIS CHAPTER.
   §  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 THE PROVISIONS OF THIS SECTION 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.
   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. Section 296 of the executive law  is  amended  by  adding  a  new
 subdivision 22 to read as follows:

 A. 10201--A                         3
 
   22. NOTHING IN THIS SECTION SHALL PROHIBIT THE OWNER OR MANAGING AGENT
 OF A BUILDING FROM CREATING, POSSESSING OR MAINTAINING THE LIST OF INDI-
 VIDUALS WITH DISABILITIES REQUIRED PURSUANT TO PARAGRAPHS (B) AND (C) OF
 SUBDIVISION  TWO  OF SECTION THREE HUNDRED SEVENTY-EIGHT-A OF THIS CHAP-
 TER.
   §  3.  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.