S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6291--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BURDICK, EPSTEIN, RIVERA, DICKENS, LUNSFORD,
   LEVENBERG, DeSTEFANO -- read once and referred  to  the  Committee  on
   People  with  Disabilities  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to standards  for  estab-
   lishing  and  maintaining 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. Subdivision 3 of section 378 of the executive law, as added
 by chapter 707 of the laws of 1981, is amended and a new subdivision 3-a
 is added to read as follows:
   3. Standards for passenger elevators to promote uniformity and ease of
 use  for  [the handicapped] INDIVIDUALS WITH DISABILITIES including, but
 not limited to:
   a. placement and identification of operating controls,
   b. door jamb markings,
   c. operation and leveling features,
   d. operation, width, and safety features for doors,
   e. hall buttons, and
   f. hall lanterns.
   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 ADDRESS
 THE NEEDS OF INDIVIDUALS WITH DISABILITIES WHICH SHALL BE  DEVELOPED  IN
 CONSULTATION WITH THE INDEPENDENT AGENCY AS DESCRIBED IN SUBDIVISION (B)
 OF SECTION FIVE HUNDRED FIFTY-EIGHT OF THIS CHAPTER.
   B.  THE  FOLLOWING ELEMENTS SHALL BE INCLUDED IN EACH EMERGENCY EVACU-
 ATION PLAN:
   (I) PROCEDURES FOR EVACUATING INDIVIDUALS WITH DISABILITIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02233-02-3
              

 A. 6291--A                          2
 
   (II) A LIST OF INDIVIDUALS WITH DISABILITIES  WHO  HAVE  NOTIFIED  THE
 OWNER  OR  THE  OWNER'S  AGENT  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;
   (III) 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 THE OWNER'S AGENT AND  THE  METHOD  BY
 WHICH OCCUPANTS CAN 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 LOCATION AND TYPE OF EVACUATION ASSISTANCE DEVICES  OR  ASSIS-
 TIVE 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.
   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  EMERGENCY  EVACUATION
 PLAN AS PROVIDED FOR IN THIS SUBDIVISION;
   (II)  THE  OWNER  OR OWNER'S AGENT SHALL MAKE THE EMERGENCY EVACUATION
 PLAN AVAILABLE UPON REQUEST TO:
   (A) LOCAL LAW ENFORCEMENT AND FIRE SAFETY PERSONNEL; AND
   (B) EMPLOYEES, TENANTS, OR GUESTS LOCATED IN THE  HIGH-RISE  BUILDING;
 AND
   (III)  THE  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.
   D. A COPY OF THE EMERGENCY EVACUATION 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 SECU-
 RITY 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 POST-
 ED 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 EMERGENCY EVACUATION PLAN AND PROVIDE  OCCU-
 PANTS WITH A NOTICE DETAILING THE PROVISIONS OF THE 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
 A. 6291--A                          3
 
 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. 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.
   §  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.