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A06291 Summary:

COSPNSREpstein, Rivera, Dickens, Lunsford, Levenberg, DeStefano, Santabarbara
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 Text:

                STATE OF NEW YORK
                               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.

        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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