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A06708 Summary:

BILL NOA06708
 
SAME ASSAME AS S05457
 
SPONSORBenedetto
 
COSPNSR
 
MLTSPNSR
 
Amd §403.4.8.2, add §§403.4.9, 403.5.7, 403.5.7.1, 403.5.7.2 & 403.5.7.3, NYC Ad Cd; add §23-d, Exec L
 
Provides for emergency evacuation plans for vulnerable occupants in all residential occupancies; requires designated safe spaces equipped with emergency medical supplies in buildings greater than 125 feet (38 100 mm) in height; provides for a voluntary registry to meet the special needs of occupants who require assistance during evacuations or other emergency situations.
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A06708 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6708
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 25, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Cities
 
        AN ACT to amend the administrative code of the city of New York and  the
          executive law, in relation to providing emergency evacuation plans and
          safe spaces for vulnerable occupants, and providing for the establish-
          ment  of  a  voluntary registry to meet the special needs of occupants
          who require assistance during evacuations  or  other  emergency  situ-
          ations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 403.4.8.2 of the New York city  building  code,  as
     2  amended  by  local  law  number  51 of the city of New York for the year
     3  2014, is amended to read as follows:
     4    403.4.8.2 Emergency power loads in Group R-2  occupancies.  Group  R-2
     5  occupancies  in  buildings  greater  than 125 feet (38 100 mm) in height
     6  shall be required to provide an emergency power system  to  support  the
     7  following loads:
     8    1. Exit signs and means of egress illumination required by Chapter 10;
     9    2. Emergency voice communications systems; [and]
    10    3.  Electrically  powered  fire  pumps, unless electrical power to the
    11  motor is taken ahead of the main from  the  street  side  of  the  house
    12  service switch[.];
    13    4.  At least one elevator serving all floors, or one elevator per bank
    14  where different banks serve different portions of the building; and
    15    5. Electricity for dedicated safe spaces, pursuant to section 403.4.9.
    16    § 2. The New York city building  code  is  amended  by  adding  a  new
    17  section 403.4.9 to read as follows:
    18    403.4.9  Emergency medical supplies and safe spaces for occupants. All
    19  residential occupancies in buildings greater than 125 feet (38  100  mm)
    20  in  height  shall  be  required  to designate safe spaces for vulnerable
    21  occupants, in the event of a power outage or  emergency  situation  that
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10277-03-1

        A. 6708                             2
 
     1  does  not  necessitate  evacuation.  Vulnerable  occupants shall include
     2  those occupants who are elderly, or chronically ill or disabled, includ-
     3  ing those suffering from mental illness and those persons  specified  in
     4  subdivision  2  of  section  23-d of the executive law. Such safe spaces
     5  shall be equipped with a range of medical  supplies  with  a  particular
     6  focus  on  supplies  used  by  occupants  that require access to a power
     7  source and supplies used by persons included in the registry established
     8  pursuant to subdivision 2 of section 23-d of the executive law.
     9    § 3. The New York city building  code  is  amended  by  adding  4  new
    10  sections  403.5.7,  403.5.7.1,  403.5.7.2,  and  403.5.7.3  to  read  as
    11  follows:
    12    403.5.7 Emergency evacuation plans for vulnerable occupants. An  emer-
    13  gency  evacuation  plan  for  vulnerable occupants shall be prepared and
    14  maintained for all residential occupancies. The term  "vulnerable  occu-
    15  pants" shall include the following:
    16    1.  Occupants who are elderly, or chronically ill or disabled, includ-
    17  ing those suffering from mental illness.
    18    2. Any occupant who voluntarily submits his or her  personal  informa-
    19  tion for inclusion in the registry established pursuant to subdivision 2
    20  of section 23-d of the executive law.
    21    The  evacuation plan shall include special employee actions and proce-
    22  dures necessary for such vulnerable occupants, and shall be  amended  or
    23  revised upon the occupancy of an individual with unusual needs.
    24    403.5.7.1 Evacuation plan posting sites. A copy of the evacuation plan
    25  and  a  diagram depicting evacuation routes shall be given to vulnerable
    26  occupants prior to initial occupancy.  A  diagram  depicting  evacuation
    27  routes  shall  also  be  posted on or immediately adjacent to every door
    28  opening into interior stair enclosures and immediately adjacent to occu-
    29  pant evacuation elevators.
    30    403.5.7.2 Employee training. Employees shall be  periodically  trained
    31  in  the actions and procedures to take in the event vulnerable occupants
    32  require evacuation and shall  be  kept  informed  of  their  duties  and
    33  responsibilities under the plan.
    34    403.5.7.3 Occupant training. Vulnerable occupants capable of assisting
    35  in  their  own evacuation shall be trained in the proper actions to take
    36  in the event of  an  evacuation.  Vulnerable  occupants  shall  also  be
    37  trained  to  assist each other in case of evacuation to the extent their
    38  physical and mental abilities permit them to do  so  without  additional
    39  personal  risk.    In  buildings  using occupant evacuation elevators in
    40  accordance  with  Section  3008,  occupant  training  shall  incorporate
    41  specific procedures for the occupants using such elevators.
    42    § 4. The executive law is amended by adding a new section 23-d to read
    43  as follows:
    44    §  23-d.  Naturally occurring retirement community registry of elderly
    45  or disabled persons; notice. 1. For the purposes of this section:
    46    (a) "covered municipality" shall mean a county or city with a  compre-
    47  hensive  emergency  management  plan pursuant to section twenty-three of
    48  this article;
    49    (b) "chief executive" shall mean the  chief  executive  of  a  covered
    50  municipality;
    51    (c)  "naturally  occurring  retirement  community" shall have the same
    52  meaning as in paragraph (e) of subdivision one of  section  two  hundred
    53  nine of the elder law and shall include neighborhood naturally occurring
    54  retirement  community  as defined in paragraph (f) of subdivision one of
    55  section two hundred nine of the elder law;

        A. 6708                             3
 
     1    (d) "registry" shall mean the list that is compiled  by  each  covered
     2  municipality  of  elderly or disabled persons located within a naturally
     3  occurring retirement community as established under subdivision  two  of
     4  this section; and
     5    (e)  "Naturally  Occurring  Retirement  Community Database" or "NORCD"
     6  shall mean the comprehensive list of every covered municipality registry
     7  as established under subdivision eight of this section.
     8    2. In each covered municipality, in order to meet the special needs of
     9  persons who would need assistance during evacuations or other  emergency
    10  situations  and  sheltering  because of physical or mental handicaps, or
    11  whose ability to care for themselves during an  emergency  situation  is
    12  adversely  affected  by  advanced age, or permanent or temporary medical
    13  condition of the use of a medical device that  requires  electricity  to
    14  operate,  each  chief executive of such covered municipality shall main-
    15  tain a  registry  of  elderly  or  disabled  persons  located  within  a
    16  naturally  occurring  retirement community who voluntarily submit his or
    17  her information for inclusion in the registry. The registry shall  iden-
    18  tify  those  persons  in  need of assistance and plan for resource allo-
    19  cation, including but not limited to medical  devices  and  supplies  to
    20  meet those identified needs.  To assist the chief executive in identify-
    21  ing  such  persons,  the covered municipality's department of health, or
    22  such other department or agency as designated by  the  chief  executive,
    23  shall  provide  voluntary  registration  information to all residents of
    24  areas determined to be naturally occurring retirement  communities.  The
    25  registry  shall  be  updated at least every six months. The registration
    26  program shall give elderly or disabled persons the option of pre-author-
    27  izing emergency response personnel to enter their  homes  during  search
    28  and  rescue  operations  if necessary to ensure their safety and welfare
    29  during disasters.
    30    3. Upon the establishment of a registry as provided under  subdivision
    31  two of this section, the chief executive shall make such registry avail-
    32  able  to  the  appropriate  city, county, state and federal agencies for
    33  their use in delivering services in the event of a local or state disas-
    34  ter. The chief executive shall at least every six  months  provide  such
    35  registry  information  to the New York state office of emergency manage-
    36  ment, including all updates to such registry information, for  placement
    37  in the NORCD as established under subdivision eight of this section. The
    38  chief executive may, at his or her discretion, use the registry informa-
    39  tion  for  local  disaster  preparedness only in coordination with other
    40  political subdivisions of the state.
    41    4. Upon the establishment of a registry as provided under  subdivision
    42  two  of  this  section,  at least every six months, each chief executive
    43  shall cause to be published in a newspaper of general circulation within
    44  a covered municipality that contains a  naturally  occurring  retirement
    45  community,  a  notice  of the availability of the voluntary registration
    46  program.
    47    5. All records, data, information, correspondence  and  communications
    48  relating  to the registration of elderly or disabled persons as provided
    49  under subdivision two of this section are confidential, except that such
    50  information shall be available to the chief executives of other  covered
    51  municipalities and the NORCD for local disaster preparedness only as the
    52  chief  executive  of  the covered municipality maintaining such registry
    53  deems necessary.  Provided, however, the individual  file  of  a  person
    54  having registered with the registry of elderly or disabled persons shall
    55  be made available to that person upon request.

        A. 6708                             4
 
     1    6.  All  community-based services providers, including but not limited
     2  to home health care providers and the director of the  naturally  occur-
     3  ring retirement community supportive service program pursuant to section
     4  two  hundred nine of the elder law, shall assist each chief executive by
     5  collecting  registration  information for elderly or disabled persons as
     6  part of program intake processes, establishing programs to increase  the
     7  awareness  of  the registration process, and educating clients about the
     8  procedures that may be necessary for their safety during disasters.
     9    7. A covered municipality shall not be liable for any claim based upon
    10  the good faith exercise or performance or  the  good  faith  failure  to
    11  exercise  or  perform  a  function or duty on the part of any officer or
    12  employee in carrying out a local disaster preparedness plan.
    13    8. (a) The commission shall establish the  NORCD  and  the  commission
    14  shall  accept  voluntary  registrants  directly as needed, at which time
    15  such registration information collected shall be forwarded to the appro-
    16  priate covered municipality for inclusion in the covered  municipality's
    17  registry.
    18    (b)  The NORCD shall be made accessible to all such appropriate state,
    19  county and city emergency response personnel and organizations as may be
    20  deemed appropriate by the commission  in  order  to  properly  plan  for
    21  securing  the  needs,  safety,  and  well-being of the registrants. This
    22  shall include, but not be limited to, planning for evacuations,  assess-
    23  ing the need for individual evacuations during emergency situations that
    24  may  not  require  the evacuation of the general public, pre-positioning
    25  equipment and supplies including alternatives to  medical  devices  that
    26  require electricity to operate, or such other measures as the commission
    27  deems  necessary  to accomplish the objectives of this article. In addi-
    28  tion, the NORCD shall be made  accessible  to  all  appropriate  federal
    29  emergency  response organizations and personnel and shall be made avail-
    30  able to such other voluntary  relief  organizations  as  the  commission
    31  deems necessary.
    32    (c)  All records, data, information, correspondence and communications
    33  relating to the NORCD shall be confidential, except that  such  informa-
    34  tion may be made available at the discretion of the commission in furth-
    35  erance  of  the  objectives  of  this  article. The individual file of a
    36  person having information in the NORCD shall be made available  to  that
    37  person upon request.
    38    (d)  The  commission  shall not be liable for any claim based upon the
    39  good faith exercise or performance or the good faith failure to exercise
    40  or perform a function or duty on the part of any officer or employee  in
    41  the maintenance or usage of the NORCD.
    42    § 5. This act shall take effect immediately on the one hundred twenti-
    43  eth  day  after  it shall have become a law.  Effective immediately, the
    44  addition, amendment and/or repeal of any rule  or  regulation  necessary
    45  for  the implementation of this act on its effective date are authorized
    46  to be made and completed on or before such effective date.
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