NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6291A
SPONSOR: Burdick TITLE OF BILL:
An act to amend the executive law, in relation to standards for estab-
lishing and maintaining an emergency evacuation plan for individuals
with disabilities
PURPOSE:
The purpose of this bill is to ensure that there is an efficient emer-
gency evacuation plan for people with disabilities who work or live in
high-rise buildings in New York State.
SUMMARY OF PROVISIONS:
Section one amends the Executive Law by adding two new sections 378-a
and 378-b.
Section 378-a updates Chapter Four of the New York State Fire Code by
requiring the State Fire Prevention and Building Code Council (SFPBCC)
to write regulations for establishing and maintaining emergency evacu-
ation plans, including procedures for evacuating individuals with disa-
bilities.
Section 378-b requires high-rise building owners to create an emergency
evacuation plan in accordance with the regulations set forth by the
SFPBCC and to make copies of said plan available upon request.
Section two sets the effective date.
JUSTIFICATION:
Since the tragedy of September 11th, awareness and education of high
rise building evacuation plans have been heightened, yet little is spec-
ified dealing with evacuating people with disabilities in the event of
an emergency. Most people with disabilities, specifically those with
mobility and/or sensory impairments, rely on elevators to exit a build-
ing, making independent evacuation during an emergency impossible when
elevator use is prohibited. This bill requires every high-rise building
owner to establish and maintain an emergency evacuation plan for disa-
bled occupants and visitors of the building. Additionally, the building
owner will be responsible for maintaining and updating the emergency
evacuation plan for persons with disabilities, and ensuring that such
plan is readily available to emergency personnel. It also imposes a $500
fine on any building owner who knowingly does not comply.
LEGISLATIVE HISTORY:
2021- 2022: 51104 Stewart - Cousins-Passed Senate in 2021 and 2022
2019-2020: 52590 Stewart - Cousins-Passed Senate; Referred to Housing
2017-2018: S768A Stewart - Cousins Passed Senate and Assembly; Recalled
and Amended on Third Reading
2015-2016: S2244 Stewart - Cousins Passed Assembly; Referred to Housing
2013-2014: S3925A Stewart - Cousins Passed Assembly; Referred to Housing
2011-2012: S3490 Stewart - Cousins Passed Assembly; Referred to Housing
2009-2010: S8069 Stewart - Cousins Passed Assembly; Referred to Housing
2007-2008: S3801 Leibell - Passed Assembly; Referred to Housing
2005-2006: S7462A Balboni - Passed Assembly; Referred to Housing
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes 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.
STATE OF NEW YORK
________________________________________________________________________
6291--A
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 3 of section 378 of the executive law, as added
2 by chapter 707 of the laws of 1981, is amended and a new subdivision 3-a
3 is added to read as follows:
4 3. Standards for passenger elevators to promote uniformity and ease of
5 use for [the handicapped] individuals with disabilities including, but
6 not limited to:
7 a. placement and identification of operating controls,
8 b. door jamb markings,
9 c. operation and leveling features,
10 d. operation, width, and safety features for doors,
11 e. hall buttons, and
12 f. hall lanterns.
13 3-a. a. Standards for emergency planning and preparedness for high-
14 rise buildings to ensure emergency evacuation drills, fire safety and
15 emergency evacuation plans, employee training and response procedures,
16 hazard communication, and use and occupancy-related standards address
17 the needs of individuals with disabilities which shall be developed in
18 consultation with the independent agency as described in subdivision (b)
19 of section five hundred fifty-eight of this chapter.
20 b. The following elements shall be included in each emergency evacu-
21 ation plan:
22 (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
1 (ii) a list of individuals with disabilities who have notified the
2 owner or the owner's agent that they are disabled and would require
3 assistance in the event of an emergency. The list shall include the
4 floor and room number that the individual with a disability occupies
5 within the building. Such list shall only be maintained for the purpose
6 of an emergency evacuation, and shall not be disseminated for any other
7 purpose;
8 (iii) a notification mechanism to the occupants that a list of persons
9 with disabilities in need of assistance in case of an emergency exists
10 and is maintained by the owner or the owner's agent and the method by
11 which occupants can place their name on such list;
12 (iv) a requirement that the building owner or the owner's agent shall
13 publicly post the emergency contact information for the building on each
14 floor, and make updates as necessary;
15 (v) the location and type of evacuation assistance devices or assis-
16 tive technologies that are available within the building; and
17 (vi) areas of rescue which shall be identified by signs that state
18 "Area of Rescue Assistance" and display the international symbol of
19 accessibility. Lettering must be permanent and comply with federal Amer-
20 icans with Disabilities Act guidelines.
21 c. Notwithstanding any provision of law to the contrary, standards
22 developed pursuant to this subdivision shall specify that:
23 (i) it shall be the duty of every owner of a high-rise building, or of
24 the owner's agent, to establish and maintain an emergency evacuation
25 plan as provided for in this subdivision;
26 (ii) the owner or owner's agent shall make the emergency evacuation
27 plan available upon request to:
28 (A) local law enforcement and fire safety personnel; and
29 (B) employees, tenants, or guests located in the high-rise building;
30 and
31 (iii) the emergency evacuation plan shall be made available in a
32 large-print document (18-point font size or larger); Braille (Grade II);
33 and/or any other alternative formats upon request.
34 d. A copy of the emergency evacuation plan shall be maintained at all
35 times in a place easily accessible by law enforcement and/or fire safety
36 personnel, including but not limited to the management office, the secu-
37 rity desk, in the vicinity of the firefighter's elevator recall key, the
38 life safety panel, or the fire pump room. In the absence of any of the
39 locations listed in this subdivision, a copy of such plan shall be post-
40 ed in the front entry of the building.
41 e. Every high-rise building owner or the agent of such owner shall
42 post emergency contact information for the building in a publicly
43 conspicuous area on each floor of the building. If such emergency
44 contact information changes, such owner or agent shall post a new notice
45 as soon as practicable.
46 f. On an annual basis, every high-rise building owner or the agent of
47 such owner shall update the emergency evacuation plan and provide occu-
48 pants with a notice detailing the provisions of the emergency evacuation
49 plan.
50 g. A copy of the emergency evacuation plan shall be filed with the
51 department of state within one year of the effective date of this subdi-
52 vision, and an updated emergency evacuation plan shall be filed with the
53 department of state annually thereafter.
54 h. High-rise buildings located in municipalities with a population of
55 over one million are exempt from developing such plan if such munici-
56 palities have ordinances, rules, codes or regulations that establish
A. 6291--A 3
1 emergency evacuation procedures specifically for people with disabili-
2 ties in high-rise buildings.
3 i. A knowing failure to comply with any provision within this subdivi-
4 sion shall be punishable by a civil penalty of up to five hundred
5 dollars.
6 j. As used in this subdivision, "high-rise building" means a building
7 with an occupied floor located more than seventy-five feet above the
8 lowest level of fire department vehicle access.
9 § 2. This act shall take effect on the ninetieth day after it shall
10 have become a law; provided, however, that high-rise building owners or
11 their agents shall have one year from the effective date of this act to
12 establish an emergency evacuation plan.
