S T A T E   O F   N E W   Y O R K
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                                  264--A
     Cal. No. 197
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. STEWART-COUSINS, ADDABBO -- read twice and ordered
   printed, and when printed to be committed to the Committee on Housing,
   Construction and Community Development -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  passed  by  Senate  and delivered to the Assembly, recalled,
   vote reconsidered, restored to  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02233-03-3
 S. 264--A                           2
 
 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;
   (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-
 S. 264--A                           3
 
 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. 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.