S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  768--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 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 -- recommitted to the Committee
   on  Housing, Construction and Community Development in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02752-08-8

 S. 768--A                           2
 
   (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
 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.

 S. 768--A                           3
 
   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:
   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.