S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5457
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the administrative code of the city of New York and  the
   executive law, in relation to providing emergency evacuation plans and
   safe spaces for vulnerable occupants, and providing for the establish-
   ment  of  a  voluntary registry to meet the special needs of occupants
   who require assistance during evacuations  or  other  emergency  situ-
   ations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 403.4.8.2 of the New York city  building  code,  as
 amended  by  local  law  number  51 of the city of New York for the year
 2014, is amended to read as follows:
   403.4.8.2 Emergency power loads in Group R-2  occupancies.  Group  R-2
 occupancies  in  buildings  greater  than 125 feet (38 100 mm) in height
 shall be required to provide an emergency power system  to  support  the
 following loads:
   1. Exit signs and means of egress illumination required by Chapter 10;
   2. Emergency voice communications systems; [and]
   3.  Electrically  powered  fire  pumps, unless electrical power to the
 motor is taken ahead of the main from  the  street  side  of  the  house
 service switch[.];
   4.  AT LEAST ONE ELEVATOR SERVING ALL FLOORS, OR ONE ELEVATOR PER BANK
 WHERE DIFFERENT BANKS SERVE DIFFERENT PORTIONS OF THE BUILDING; AND
   5. ELECTRICITY FOR DEDICATED SAFE SPACES, PURSUANT TO SECTION 403.4.9.
   § 2. The New York city building  code  is  amended  by  adding  a  new
 section 403.4.9 to read as follows:
   403.4.9  EMERGENCY MEDICAL SUPPLIES AND SAFE SPACES FOR OCCUPANTS. ALL
 RESIDENTIAL OCCUPANCIES IN BUILDINGS GREATER THAN 125 FEET (38  100  MM)
 IN  HEIGHT  SHALL  BE  REQUIRED  TO DESIGNATE SAFE SPACES FOR VULNERABLE
 OCCUPANTS, IN THE EVENT OF A POWER OUTAGE OR  EMERGENCY  SITUATION  THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10277-03-1

 S. 5457                             2
 
 DOES  NOT  NECESSITATE  EVACUATION.  VULNERABLE  OCCUPANTS SHALL INCLUDE
 THOSE OCCUPANTS WHO ARE ELDERLY, OR CHRONICALLY ILL OR DISABLED, INCLUD-
 ING THOSE SUFFERING FROM MENTAL ILLNESS AND THOSE PERSONS  SPECIFIED  IN
 SUBDIVISION  2  OF  SECTION  23-D OF THE EXECUTIVE LAW. SUCH SAFE SPACES
 SHALL BE EQUIPPED WITH A RANGE OF MEDICAL  SUPPLIES  WITH  A  PARTICULAR
 FOCUS  ON  SUPPLIES  USED  BY  OCCUPANTS  THAT REQUIRE ACCESS TO A POWER
 SOURCE AND SUPPLIES USED BY PERSONS INCLUDED IN THE REGISTRY ESTABLISHED
 PURSUANT TO SUBDIVISION 2 OF SECTION 23-D OF THE EXECUTIVE LAW.
   § 3. The New York city building  code  is  amended  by  adding  4  new
 sections  403.5.7,  403.5.7.1,  403.5.7.2,  and  403.5.7.3  to  read  as
 follows:
   403.5.7 EMERGENCY EVACUATION PLANS FOR VULNERABLE OCCUPANTS. AN  EMER-
 GENCY  EVACUATION  PLAN  FOR  VULNERABLE OCCUPANTS SHALL BE PREPARED AND
 MAINTAINED FOR ALL RESIDENTIAL OCCUPANCIES. THE TERM  "VULNERABLE  OCCU-
 PANTS" SHALL INCLUDE THE FOLLOWING:
   1.  OCCUPANTS WHO ARE ELDERLY, OR CHRONICALLY ILL OR DISABLED, INCLUD-
 ING THOSE SUFFERING FROM MENTAL ILLNESS.
   2. ANY OCCUPANT WHO VOLUNTARILY SUBMITS HIS OR HER  PERSONAL  INFORMA-
 TION FOR INCLUSION IN THE REGISTRY ESTABLISHED PURSUANT TO SUBDIVISION 2
 OF SECTION 23-D OF THE EXECUTIVE LAW.
   THE  EVACUATION PLAN SHALL INCLUDE SPECIAL EMPLOYEE ACTIONS AND PROCE-
 DURES NECESSARY FOR SUCH VULNERABLE OCCUPANTS, AND SHALL BE  AMENDED  OR
 REVISED UPON THE OCCUPANCY OF AN INDIVIDUAL WITH UNUSUAL NEEDS.
   403.5.7.1 EVACUATION PLAN POSTING SITES. A COPY OF THE EVACUATION PLAN
 AND  A  DIAGRAM DEPICTING EVACUATION ROUTES SHALL BE GIVEN TO VULNERABLE
 OCCUPANTS PRIOR TO INITIAL OCCUPANCY.  A  DIAGRAM  DEPICTING  EVACUATION
 ROUTES  SHALL  ALSO  BE  POSTED ON OR IMMEDIATELY ADJACENT TO EVERY DOOR
 OPENING INTO INTERIOR STAIR ENCLOSURES AND IMMEDIATELY ADJACENT TO OCCU-
 PANT EVACUATION ELEVATORS.
   403.5.7.2 EMPLOYEE TRAINING. EMPLOYEES SHALL BE  PERIODICALLY  TRAINED
 IN  THE ACTIONS AND PROCEDURES TO TAKE IN THE EVENT VULNERABLE OCCUPANTS
 REQUIRE EVACUATION AND SHALL  BE  KEPT  INFORMED  OF  THEIR  DUTIES  AND
 RESPONSIBILITIES UNDER THE PLAN.
   403.5.7.3 OCCUPANT TRAINING. VULNERABLE OCCUPANTS CAPABLE OF ASSISTING
 IN  THEIR  OWN EVACUATION SHALL BE TRAINED IN THE PROPER ACTIONS TO TAKE
 IN THE EVENT OF  AN  EVACUATION.  VULNERABLE  OCCUPANTS  SHALL  ALSO  BE
 TRAINED  TO  ASSIST EACH OTHER IN CASE OF EVACUATION TO THE EXTENT THEIR
 PHYSICAL AND MENTAL ABILITIES PERMIT THEM TO DO  SO  WITHOUT  ADDITIONAL
 PERSONAL  RISK.    IN  BUILDINGS  USING OCCUPANT EVACUATION ELEVATORS IN
 ACCORDANCE  WITH  SECTION  3008,  OCCUPANT  TRAINING  SHALL  INCORPORATE
 SPECIFIC PROCEDURES FOR THE OCCUPANTS USING SUCH ELEVATORS.
   § 4. The executive law is amended by adding a new section 23-d to read
 as follows:
   §  23-D.  NATURALLY OCCURRING RETIREMENT COMMUNITY REGISTRY OF ELDERLY
 OR DISABLED PERSONS; NOTICE. 1. FOR THE PURPOSES OF THIS SECTION:
   (A) "COVERED MUNICIPALITY" SHALL MEAN A COUNTY OR CITY WITH A  COMPRE-
 HENSIVE  EMERGENCY  MANAGEMENT  PLAN PURSUANT TO SECTION TWENTY-THREE OF
 THIS ARTICLE;
   (B) "CHIEF EXECUTIVE" SHALL MEAN THE  CHIEF  EXECUTIVE  OF  A  COVERED
 MUNICIPALITY;
   (C)  "NATURALLY  OCCURRING  RETIREMENT  COMMUNITY" SHALL HAVE THE SAME
 MEANING AS IN PARAGRAPH (E) OF SUBDIVISION ONE OF  SECTION  TWO  HUNDRED
 NINE OF THE ELDER LAW AND SHALL INCLUDE NEIGHBORHOOD NATURALLY OCCURRING
 RETIREMENT  COMMUNITY  AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED NINE OF THE ELDER LAW;

 S. 5457                             3
 
   (D) "REGISTRY" SHALL MEAN THE LIST THAT IS COMPILED  BY  EACH  COVERED
 MUNICIPALITY  OF  ELDERLY OR DISABLED PERSONS LOCATED WITHIN A NATURALLY
 OCCURRING RETIREMENT COMMUNITY AS ESTABLISHED UNDER SUBDIVISION  TWO  OF
 THIS SECTION; AND
   (E)  "NATURALLY  OCCURRING  RETIREMENT  COMMUNITY DATABASE" OR "NORCD"
 SHALL MEAN THE COMPREHENSIVE LIST OF EVERY COVERED MUNICIPALITY REGISTRY
 AS ESTABLISHED UNDER SUBDIVISION EIGHT OF THIS SECTION.
   2. IN EACH COVERED MUNICIPALITY, IN ORDER TO MEET THE SPECIAL NEEDS OF
 PERSONS WHO WOULD NEED ASSISTANCE DURING EVACUATIONS OR OTHER  EMERGENCY
 SITUATIONS  AND  SHELTERING  BECAUSE OF PHYSICAL OR MENTAL HANDICAPS, OR
 WHOSE ABILITY TO CARE FOR THEMSELVES DURING AN  EMERGENCY  SITUATION  IS
 ADVERSELY  AFFECTED  BY  ADVANCED AGE, OR PERMANENT OR TEMPORARY MEDICAL
 CONDITION OF THE USE OF A MEDICAL DEVICE THAT  REQUIRES  ELECTRICITY  TO
 OPERATE,  EACH  CHIEF EXECUTIVE OF SUCH COVERED MUNICIPALITY SHALL MAIN-
 TAIN A  REGISTRY  OF  ELDERLY  OR  DISABLED  PERSONS  LOCATED  WITHIN  A
 NATURALLY  OCCURRING  RETIREMENT COMMUNITY WHO VOLUNTARILY SUBMIT HIS OR
 HER INFORMATION FOR INCLUSION IN THE REGISTRY. THE REGISTRY SHALL  IDEN-
 TIFY  THOSE  PERSONS  IN  NEED OF ASSISTANCE AND PLAN FOR RESOURCE ALLO-
 CATION, INCLUDING BUT NOT LIMITED TO MEDICAL  DEVICES  AND  SUPPLIES  TO
 MEET THOSE IDENTIFIED NEEDS.  TO ASSIST THE CHIEF EXECUTIVE IN IDENTIFY-
 ING  SUCH  PERSONS,  THE COVERED MUNICIPALITY'S DEPARTMENT OF HEALTH, OR
 SUCH OTHER DEPARTMENT OR AGENCY AS DESIGNATED BY  THE  CHIEF  EXECUTIVE,
 SHALL  PROVIDE  VOLUNTARY  REGISTRATION  INFORMATION TO ALL RESIDENTS OF
 AREAS DETERMINED TO BE NATURALLY OCCURRING RETIREMENT  COMMUNITIES.  THE
 REGISTRY  SHALL  BE  UPDATED AT LEAST EVERY SIX MONTHS. THE REGISTRATION
 PROGRAM SHALL GIVE ELDERLY OR DISABLED PERSONS THE OPTION OF PRE-AUTHOR-
 IZING EMERGENCY RESPONSE PERSONNEL TO ENTER THEIR  HOMES  DURING  SEARCH
 AND  RESCUE  OPERATIONS  IF NECESSARY TO ENSURE THEIR SAFETY AND WELFARE
 DURING DISASTERS.
   3. UPON THE ESTABLISHMENT OF A REGISTRY AS PROVIDED UNDER  SUBDIVISION
 TWO OF THIS SECTION, THE CHIEF EXECUTIVE SHALL MAKE SUCH REGISTRY AVAIL-
 ABLE  TO  THE  APPROPRIATE  CITY, COUNTY, STATE AND FEDERAL AGENCIES FOR
 THEIR USE IN DELIVERING SERVICES IN THE EVENT OF A LOCAL OR STATE DISAS-
 TER. THE CHIEF EXECUTIVE SHALL AT LEAST EVERY SIX  MONTHS  PROVIDE  SUCH
 REGISTRY  INFORMATION  TO THE NEW YORK STATE OFFICE OF EMERGENCY MANAGE-
 MENT, INCLUDING ALL UPDATES TO SUCH REGISTRY INFORMATION, FOR  PLACEMENT
 IN THE NORCD AS ESTABLISHED UNDER SUBDIVISION EIGHT OF THIS SECTION. THE
 CHIEF EXECUTIVE MAY, AT HIS OR HER DISCRETION, USE THE REGISTRY INFORMA-
 TION  FOR  LOCAL  DISASTER  PREPAREDNESS ONLY IN COORDINATION WITH OTHER
 POLITICAL SUBDIVISIONS OF THE STATE.
   4. UPON THE ESTABLISHMENT OF A REGISTRY AS PROVIDED UNDER  SUBDIVISION
 TWO  OF  THIS  SECTION,  AT LEAST EVERY SIX MONTHS, EACH CHIEF EXECUTIVE
 SHALL CAUSE TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN
 A COVERED MUNICIPALITY THAT CONTAINS A  NATURALLY  OCCURRING  RETIREMENT
 COMMUNITY,  A  NOTICE  OF THE AVAILABILITY OF THE VOLUNTARY REGISTRATION
 PROGRAM.
   5. ALL RECORDS, DATA, INFORMATION, CORRESPONDENCE  AND  COMMUNICATIONS
 RELATING  TO THE REGISTRATION OF ELDERLY OR DISABLED PERSONS AS PROVIDED
 UNDER SUBDIVISION TWO OF THIS SECTION ARE CONFIDENTIAL, EXCEPT THAT SUCH
 INFORMATION SHALL BE AVAILABLE TO THE CHIEF EXECUTIVES OF OTHER  COVERED
 MUNICIPALITIES AND THE NORCD FOR LOCAL DISASTER PREPAREDNESS ONLY AS THE
 CHIEF  EXECUTIVE  OF  THE COVERED MUNICIPALITY MAINTAINING SUCH REGISTRY
 DEEMS NECESSARY.  PROVIDED, HOWEVER, THE INDIVIDUAL  FILE  OF  A  PERSON
 HAVING REGISTERED WITH THE REGISTRY OF ELDERLY OR DISABLED PERSONS SHALL
 BE MADE AVAILABLE TO THAT PERSON UPON REQUEST.

 S. 5457                             4
 
   6.  ALL  COMMUNITY-BASED SERVICES PROVIDERS, INCLUDING BUT NOT LIMITED
 TO HOME HEALTH CARE PROVIDERS AND THE DIRECTOR OF THE  NATURALLY  OCCUR-
 RING RETIREMENT COMMUNITY SUPPORTIVE SERVICE PROGRAM PURSUANT TO SECTION
 TWO  HUNDRED NINE OF THE ELDER LAW, SHALL ASSIST EACH CHIEF EXECUTIVE BY
 COLLECTING  REGISTRATION  INFORMATION FOR ELDERLY OR DISABLED PERSONS AS
 PART OF PROGRAM INTAKE PROCESSES, ESTABLISHING PROGRAMS TO INCREASE  THE
 AWARENESS  OF  THE REGISTRATION PROCESS, AND EDUCATING CLIENTS ABOUT THE
 PROCEDURES THAT MAY BE NECESSARY FOR THEIR SAFETY DURING DISASTERS.
   7. A COVERED MUNICIPALITY SHALL NOT BE LIABLE FOR ANY CLAIM BASED UPON
 THE GOOD FAITH EXERCISE OR PERFORMANCE OR  THE  GOOD  FAITH  FAILURE  TO
 EXERCISE  OR  PERFORM  A  FUNCTION OR DUTY ON THE PART OF ANY OFFICER OR
 EMPLOYEE IN CARRYING OUT A LOCAL DISASTER PREPAREDNESS PLAN.
   8. (A) THE COMMISSION SHALL ESTABLISH THE  NORCD  AND  THE  COMMISSION
 SHALL  ACCEPT  VOLUNTARY  REGISTRANTS  DIRECTLY AS NEEDED, AT WHICH TIME
 SUCH REGISTRATION INFORMATION COLLECTED SHALL BE FORWARDED TO THE APPRO-
 PRIATE COVERED MUNICIPALITY FOR INCLUSION IN THE COVERED  MUNICIPALITY'S
 REGISTRY.
   (B)  THE NORCD SHALL BE MADE ACCESSIBLE TO ALL SUCH APPROPRIATE STATE,
 COUNTY AND CITY EMERGENCY RESPONSE PERSONNEL AND ORGANIZATIONS AS MAY BE
 DEEMED APPROPRIATE BY THE COMMISSION  IN  ORDER  TO  PROPERLY  PLAN  FOR
 SECURING  THE  NEEDS,  SAFETY,  AND  WELL-BEING OF THE REGISTRANTS. THIS
 SHALL INCLUDE, BUT NOT BE LIMITED TO, PLANNING FOR EVACUATIONS,  ASSESS-
 ING THE NEED FOR INDIVIDUAL EVACUATIONS DURING EMERGENCY SITUATIONS THAT
 MAY  NOT  REQUIRE  THE EVACUATION OF THE GENERAL PUBLIC, PRE-POSITIONING
 EQUIPMENT AND SUPPLIES INCLUDING ALTERNATIVES TO  MEDICAL  DEVICES  THAT
 REQUIRE ELECTRICITY TO OPERATE, OR SUCH OTHER MEASURES AS THE COMMISSION
 DEEMS  NECESSARY  TO ACCOMPLISH THE OBJECTIVES OF THIS ARTICLE. IN ADDI-
 TION, THE NORCD SHALL BE MADE  ACCESSIBLE  TO  ALL  APPROPRIATE  FEDERAL
 EMERGENCY  RESPONSE ORGANIZATIONS AND PERSONNEL AND SHALL BE MADE AVAIL-
 ABLE TO SUCH OTHER VOLUNTARY  RELIEF  ORGANIZATIONS  AS  THE  COMMISSION
 DEEMS NECESSARY.
   (C)  ALL RECORDS, DATA, INFORMATION, CORRESPONDENCE AND COMMUNICATIONS
 RELATING TO THE NORCD SHALL BE CONFIDENTIAL, EXCEPT THAT  SUCH  INFORMA-
 TION MAY BE MADE AVAILABLE AT THE DISCRETION OF THE COMMISSION IN FURTH-
 ERANCE  OF  THE  OBJECTIVES  OF  THIS  ARTICLE. THE INDIVIDUAL FILE OF A
 PERSON HAVING INFORMATION IN THE NORCD SHALL BE MADE AVAILABLE  TO  THAT
 PERSON UPON REQUEST.
   (D)  THE  COMMISSION  SHALL NOT BE LIABLE FOR ANY CLAIM BASED UPON THE
 GOOD FAITH EXERCISE OR PERFORMANCE OR THE GOOD FAITH FAILURE TO EXERCISE
 OR PERFORM A FUNCTION OR DUTY ON THE PART OF ANY OFFICER OR EMPLOYEE  IN
 THE MAINTENANCE OR USAGE OF THE NORCD.
   § 5. This act shall take effect immediately on the one hundred twenti-
 eth  day  after  it shall have become a law.  Effective immediately, 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.