Amd §378, Exec L; amd §2, Chap of 2023 (as proposed in S.264-A & A.6291-A)
Establishes standards for the evacuation of individuals with disabilities from high-rise buildings during an emergency; provides factors to be considered in the development of such standards.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8483
SPONSOR: Burdick TITLE OF BILL:
An act to amend the executive law, in relation to establishing standards
for the evacuation of individuals with disabilities from high-rise
buildings during an emergency; and to amend a chapter of the laws of
2023 amending the executive law relating to standards for establishing
and maintaining an emergency evacuation plan for individuals with disa-
bilities, as proposed in legislative bills numbers S. 264-A and A.
6291-A, in relation to the effectiveness thereof
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:
This bill would amend chapter 745 of the laws of 2023 to provide that
there is an efficient emergency evacuation plan established for people
with disabilities who live in high-rise buildings.
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 emer-
gency evacuation plans for evacuating individuals with disabilities,
which shall be developed in consultation with organizations that advo-
cate on behalf of individuals with disabilities to be identified the
department of state in consultation with the office of the chief disa-
bility officer.
Section 378-b details considerations for the standards developed by
the SFPBCC. High-rise building owners must create an emergency evacu-
ation plan in accordance with such standards and must make copies of
said plan available upon request to local law enforcement and fire safe-
ty personnel, employees, tenants, and guests located in the building.
The building owner shall update the evacuation plan on an annual basis.
Hospitals, assisted living residences, and adult care facilities are
exempt from these provisions. Residential high-rise buildings limited to
residents fifty years of age and older that have already implemented
specialized evacuation plans in consultation with local first responders
may use those plans to satisfy the requirements set forth in this bill.
If emergency evacuation plans contain a list of individuals who require
assistance in the event of an emergency, building occupants reviewing
the emergency evacuation plan shall not be given access to any such
list. If any building management, staff, local, law enforcement or fire
safety personnel receives such list, they shall maintain confidentiali-
ty.
This bill would eliminate a requirement to post emergency contact for
the building on every floor, a requirement to file the plan with the
department of state, a civil penalty for knowing failure to comply, and
an exemption for high rise buildings located in municipalities with a
population of over one million.
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. This bill will ensure
effective standards for emergency evacuation plans are created in
consultation with people with disabilities in a way that will not
conflict with other laws and regulations in place.
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 immediately; provided, however, that section
one of this act shall take effect on the same date and in the same
manner as a chapter of the laws of 2023 amending the executive law
relating to standards for establishing and maintaining an emergency
evacuation plan for individuals with disabilities, as proposed in legis-
lative bills numbers S. 264-A and A. 6291-A, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8483
IN ASSEMBLY
January 4, 2024
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on People with Disabilities
AN ACT to amend the executive law, in relation to establishing standards
for the evacuation of individuals with disabilities from high-rise
buildings during an emergency; and to amend a chapter of the laws of
2023 amending the executive law relating to standards for establishing
and maintaining an emergency evacuation plan for individuals with
disabilities, as proposed in legislative bills numbers S. 264-A and A.
6291-A, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3-a of section 378 of the executive law, as
2 added by a chapter of the laws of 2023 amending the executive law relat-
3 ing to standards for establishing and maintaining an emergency evacu-
4 ation plan for individuals with disabilities, as proposed in legislative
5 bills numbers S. 264-A and A. 6291-A, is amended to read as follows:
6 3-a. a. Standards for emergency planning and preparedness for high-
7 rise buildings [to ensure emergency evacuation drills, fire safety and
8 emergency evacuation plans, employee training and response procedures,
9 hazard communication, and use and occupancy-related standards] that
10 address the needs of individuals with disabilities which shall be devel-
11 oped in consultation with organizations that advocate on behalf of indi-
12 viduals with disabilities to be identified by the [independent agency as
13 described in subdivision (b) of section five hundred fifty-eight of this
14 chapter] department of state in consultation with the office of the
15 chief disability officer.
16 b. The [following elements] standards to be developed shall [be
17 included in each emergency evacuation plan] consider but not be limited
18 to:
19 (i) procedures for evacuating individuals with disabilities;
20 (ii) if it is necessary for the fire safety and emergency evacuation
21 plan that the owner or the owner's agent shall establish and maintain to
22 include a list of names and room numbers for individuals with disabili-
23 ties who have affirmatively notified the owner or the owner's agent that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02233-04-4
A. 8483 2
1 they are disabled [and], would require assistance in the event of an
2 emergency[. The list shall include the floor and room number that the
3 individual with a disability occupies within the building. Such list
4 shall only be maintained for the purpose of an emergency evacuation, and
5 shall not be disseminated for any other purpose] and have requested that
6 their names and room numbers be included in such list;
7 (iii) if it is necessary for the fire safety and emergency evacuation
8 plan that the owner or the owner's agent shall establish and maintain to
9 include a notification mechanism to the occupants that a list of
10 [persons] individuals with disabilities [in] who would need [of] assist-
11 ance in case of an emergency [exists] may exist and is maintained by the
12 owner or the owner's agent, that such list would include only those
13 individuals who have requested inclusion, that such list would be made
14 available to building staff and management as well as local law enforce-
15 ment and fire safety personnel, and the method by which occupants can
16 affirmatively place their name on such list;
17 (iv) [a requirement that the building owner or the owner's agent shall
18 publicly post the emergency contact information for the building on each
19 floor, and make updates as necessary;
20 (v) the] if it is necessary for the fire safety and emergency evacu-
21 ation plan that the owner or the owner's agent shall establish and main-
22 tain to include information on the location and type of evacuation
23 assistance devices or assistive technologies that are available within
24 the building; and
25 [(vi) areas of rescue which shall be identified by signs that state
26 "Area of Rescue Assistance" and display the international symbol of
27 accessibility. Lettering must be permanent and comply with federal Amer-
28 icans with Disabilities Act guidelines]
29 (v) if it is necessary for the fire safety and emergency evacuation
30 plan that the owner or the owner's agent shall establish and maintain to
31 contain floor plans identifying the locations of accessible egress
32 routes, including areas of refuge and exterior areas for assisted care.
33 c. Notwithstanding any provision of law to the contrary, standards
34 developed pursuant to this subdivision shall specify that:
35 (i) it shall be the duty of every owner of a high-rise building, or of
36 the owner's agent, to establish and maintain [an] a fire safety and
37 emergency evacuation plan as provided for in this subdivision;
38 (ii) the owner or owner's agent shall make the fire safety and emer-
39 gency evacuation plan available [upon request to:
40 (A)] in the building for reference and review by building management
41 and staff, subject to paragraph h of this subdivision, and by building
42 occupants, provided that if any such plan is required to include a list
43 of individuals with disabilities who have affirmatively notified the
44 owner or the owner's agent that they are disabled, would need assistance
45 in the case of an emergency, and have requested that their names and
46 room numbers be included in such list, building occupants shall not be
47 given access to any such list of individuals with disabilities and their
48 room numbers;
49 (iii) copies of the fire safety and emergency evacuation plan shall be
50 provided to local law enforcement and fire safety personnel upon
51 request; and
52 [(B) employees, tenants, or guests located in the high-rise building;
53 and
54 (iii)] (iv) the fire safety and emergency evacuation plan shall be
55 made available in a large-print document (18-point font size or larger);
56 Braille (Grade II); and/or any other alternative formats upon request,
A. 8483 3
1 subject to the limitations on dissemination to building occupants of any
2 list of individuals with disabilities and their room numbers contained
3 in subparagraph (ii) of this paragraph.
4 d. A copy of the fire safety and emergency evacuation plan shall be
5 maintained at all times in a place easily accessible by law enforcement
6 and/or fire safety personnel[, including]. Such a place may include but
7 is not limited to the management office, the security desk, in the
8 vicinity of the firefighter's elevator recall key, the life safety
9 panel, or the fire pump room. [In the absence of any of the locations
10 listed in this subdivision, a copy of such plan shall be posted in the
11 front entry of the building.]
12 e. [Every high-rise building owner or the agent of such owner shall
13 post emergency contact information for the building in a publicly
14 conspicuous area on each floor of the building. If such emergency
15 contact information changes, such owner or agent shall post a new notice
16 as soon as practicable.
17 f.] On an annual basis, every high-rise building owner or the agent of
18 such owner shall update the fire safety and emergency evacuation plan
19 and provide occupants with a notice detailing the provisions of the fire
20 safety and emergency evacuation plan.
21 [g. A copy of the emergency evacuation plan shall be filed with the
22 department of state within one year of the effective date of this subdi-
23 vision, and an updated emergency evacuation plan shall be filed with the
24 department of state annually thereafter.
25 h. High-rise buildings located in municipalities with a population of
26 over one million are exempt from developing such plan if such munici-
27 palities have ordinances, rules, codes or regulations that establish
28 emergency evacuation procedures specifically for people with disabili-
29 ties in high-rise buildings.
30 i. A knowing failure to comply with any provision within this subdivi-
31 sion shall be punishable by a civil penalty of up to five hundred
32 dollars.
33 j.] f. As used in this subdivision, "high-rise building" means a
34 building with an occupied floor located more than seventy-five feet
35 above the lowest level of fire department vehicle access.
36 g. Notwithstanding any other provision of this subdivision, (i) this
37 subdivision shall not apply to hospitals as defined in subdivision one
38 of section twenty-eight hundred one of the public health law, assisted
39 living residences licensed under article forty-six-B of the public
40 health law, and adult care facilities licensed under article seven of
41 the social services law; and (ii) residential high-rise buildings whose
42 units are limited to households containing residents fifty years of age
43 and older and that have implemented specialized evacuation plans in
44 consultation with local first responders may use those plans to satisfy
45 the requirements of this subdivision.
46 h. Any building management, building staff, local law enforcement and
47 fire safety personnel who receive, as part of or in connection with a
48 fire safety and emergency evacuation plan developed pursuant to this
49 subdivision, a list of individuals with disabilities who require assist-
50 ance in the event of an emergency shall maintain the confidentiality of
51 the information in such list and shall use and disclose it only for
52 purposes permitted pursuant to this subdivision or any standards devel-
53 oped pursuant to this subdivision.
54 § 2. Section 2 of a chapter of the laws of 2023 amending the executive
55 law relating to standards for establishing and maintaining an emergency
56 evacuation plan for individuals with disabilities, as proposed in legis-
A. 8483 4
1 lative bills numbers S. 264-A and A. 6291-A, is amended to read as
2 follows:
3 § 2. This act shall take effect [on the ninetieth day after it shall
4 have become a law; provided, however, that high-rise building owners or
5 their agents shall have one year from the effective date of this act to
6 establish an emergency evacuation plan] January 1, 2025. Effective imme-
7 diately, the addition, amendment and/or repeal of any rule or regulation
8 necessary for the implementation of this act on its effective date are
9 authorized to be made and completed on or before such effective date.
10 § 3. This act shall take effect immediately; provided, however, that
11 section one of this act shall take effect on the same date and in the
12 same manner as a chapter of the laws of 2023 amending the executive law
13 relating to standards for establishing and maintaining an emergency
14 evacuation plan for individuals with disabilities, as proposed in legis-
15 lative bills numbers S. 264-A and A. 6291-A, takes effect.
