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A06291 Summary:

BILL NOA06291A
 
SAME ASSAME AS S00264-A
 
SPONSORBurdick
 
COSPNSREpstein, Rivera, Dickens, Lunsford, Levenberg, DeStefano, Santabarbara
 
MLTSPNSR
 
Amd 378, Exec L
 
Establishes an emergency evacuation plan for individuals with disabilities; establishes $500 fine for a knowing failure to comply with such standards.
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A06291 Actions:

BILL NOA06291A
 
04/03/2023referred to people with disabilities
05/12/2023amend (t) and recommit to people with disabilities
05/12/2023print number 6291a
05/17/2023reported referred to codes
05/23/2023reported referred to rules
05/24/2023reported
05/24/2023rules report cal.263
05/24/2023ordered to third reading rules cal.263
05/30/2023passed assembly
05/30/2023delivered to senate
05/30/2023REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
05/30/2023SUBSTITUTED FOR S264A
05/30/20233RD READING CAL.197
05/30/2023PASSED SENATE
05/30/2023RETURNED TO ASSEMBLY
12/12/2023delivered to governor
12/22/2023signed chap.745
12/22/2023approval memo.69
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A06291 Memo:

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.
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A06291 Text:



 
                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.
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