§ 404-02 Office Building Emergency Action Plans.
RCNY § 404-02
(a)Scope. This section sets forth standards, requirements and procedures for the preparation, content, submission, acceptance and amendment of office building emergency action plans; designation, qualifications and training of EAP staff, and their duties and responsibilities; reporting of emergencies to the Department; education of building occupants, including the conduct of drills; recordkeeping; obligations of building occupants and employers of building occupants; and provision of assistance to building occupants with special needs.
(b)Definitions. The following terms shall, for purposes of this section, have the meanings shown herein: Critical operations staff. Building personnel or other building occupants designated to remain after the emergency action plan is implemented to perform or shut down critical operations, or perform essential services, before they shelter in place, relocate in building or evacuate. EAP. Emergency action plan. EAP staff. The individuals identified in an emergency action plan as responsible for the implementation of such plan, including but not limited to the fire safety/EAP director, deputy fire safety/EAP director, EAP building evacuation supervisor, EAP wardens, deputy EAP wardens, EAP searchers, members of the EAP brigade and critical operation staff. Emergency. An incident involving an explosion, a biological, chemical, radiological, nuclear or other chemical incident or release, natural disaster, or the threat thereof, or a declaration of emergency by a lawful authority, that requires implementation of a building's emergency action plan to help ensure the safety of the building occupants. Neighboring buildings. Buildings subject to the provisions of this section that are located on either side of a city street, up to a distance of 200 feet apart, unless separated by a barrier to movement, such as a restricted access roadway or railway.
(c)General Requirements.
(1)Applicability. This section applies to all Group B office building occupancies as set forth in FC 404.2.2.
(2)Preparation of emergency action plans. (A) An owner shall cause an emergency action plan to be prepared for such building, and periodically reviewed and amended, in accordance with 3 RCNY § 404-02(d) through (h) and (k). The emergency action plan shall be in the form set forth in 3 RCNY § 404-01 Appendix A-2, and shall include a building information card in the form set forth in 3 RCNY § 404-01 Appendix B-2. (B) An owner shall cause a fire safety/EAP director, and deputy fire safety/EAP directors, EAP building evacuation supervisors, EAP wardens, deputy EAP wardens, EAP brigade members, EAP searchers and critical operations staff, to be designated in the emergency action plan in accordance with 3 RCNY § 404-02 (d) and (h), and 3 RCNY § 113-03, with the authority, duties and responsibilities set forth therein. (C) An owner shall consult with the owners of neighboring buildings in connection with the preparation of the building's emergency action plan, with respect to the matters set forth in 3 RCNY § 404-02(i).
(3)Emergency action plan submission, acceptance, training and recordkeeping. (A) An owner shall cause an emergency action plan to be submitted to the Department, and obtain acceptance from the Department, in accordance with FC 404.6 and 3 RCNY § 404-02(j). (B) An owner shall cause the emergency action plan and educational materials to be distributed, and EAP drills conducted, in accordance with FC 405.3 and 3 RCNY § 404-02(l). (C) An owner shall cause recordkeeping to be maintained in accordance with FC 405.5 and 3 RCNY § 404-02(m). (D) A paper copy of the emergency action plan, including floor plans, shall be maintained at the fire command center and shall be made available for inspection by any Department representative.
(4)Compliance with emergency action plan. All building occupants and employers of building occupants shall comply with the directions of the fire safety/EAP director and EAP staff upon implementation of the emergency action plan, and otherwise fulfill their obligations in accordance with FC 405.2 and 3 RCNY § 404-02(n).
(5)Authority to implement the emergency action plan. (A) The emergency action plan shall be immediately implemented and building occupants directed to shelter in place, in-building relocate, partially evacuate or evacuate, whenever such action is deemed necessary to ensure the safety of building occupants. (B) The ability of the fire safety/EAP director to implement the emergency action plan shall not be subordinated to the authority of any other person or impaired by any notification procedure established by the owner, in circumstances where, the fire safety/EAP director becomes aware of an emergency presenting an immediate danger to building occupants, and, in the absence of direction from lawful authorities, determines that delaying implementation of the emergency action plan to obtain direction from lawful authorities, the owner or the owner's designated representative would likely result in harm to building occupants. The fire safety/EAP director shall determine the safest and most efficient course of action consistent with the emergency action plan, depending on the nature of the emergency. (C) The authority of the fire safety/EAP director to implement the emergency action plan, as set forth in FC Chapter 4, this section and in the plan itself, shall be assumed by a deputy fire safety/EAP director in the absence of the fire safety/EAP director, or, if no fire safety/EAP director or deputy fire safety/EAP director is required to be on duty, by a EAP building evacuation supervisor.
(6)Compliance with orders of lawful authorities. (A) The owner, fire safety/EAP director and all other EAP staff and building occupants shall comply with the orders of the Department or other incident commander or emergency response personnel should such incident commander or emergency response personnel be present at the building. (B) In the absence of any direction from an emergency response agency, incident commander or emergency response personnel, the owner, fire safety/EAP director and all other EAP staff and building occupants shall comply with the official announcements or directions of the Mayor of the City of New York or other lawful authority.
(7)Official notifications of emergency and implementation of emergency action plan. The fire safety/EAP director shall immediately report any emergency to 911 and notify the 911 operator that they are implementing the emergency action plan. The fire safety/EAP director may report to 911 any condition that is being investigated as a possible emergency.
(8)Communications with building occupants. (A) The fire safety/EAP director shall be responsible for communicating information and directions to building occupants whenever the emergency action plan is implemented, including during an EAP drill. (B) Implementation of the EAP or the conduct of an EAP drill shall be communicated to building occupants by the sounding of an alarm or alert tone followed by an announcement. The announcement shall include the following information: (1) whether the announcement is being made in connection with an emergency condition or an EAP drill, and if in connection with an emergency: (a) what has occurred; (b) where it has occurred; (c) what provisions of the emergency action plan will be implemented; and (d) why it is necessary to implement this provision of the emergency action plan. The announcement shall be repeated or updated on a frequent basis, to inform and reassure building occupants.
(9)EAP staff training. The EAP staff training required by FC 406 and 3 RCNY § 404-02(h)(1)(B)(3) shall be in the form of live instruction, but may be supplemented by video presentations and/or distribution of other educational materials. Training may be conducted in the form of computerized training, without live instruction, provided that such computerized training is interactive, includes an evaluation of the EAP staff members' understanding of the training materials, and is not conducted in lieu of live instruction for more than one-half (1/2) of the required EAP staff training sessions per year.
(10)EAP instructional drills. The EAP instructional drills required by 3 RCNY § 404-02(l)(1)(B)(1)(a) shall be in the form of live instruction, but may be supplemented by video presentations and/or distribution of other educational materials. Such instructional drills may be conducted in the form of computerized training, without live instruction, provided that such computerized training is interactive, includes an evaluation of the participants' understanding of the training materials, and is not conducted in lieu of live instruction for more than one-half (1/2) of the required FSP drills.
(d)Content of Emergency Action Plans. Each emergency action plan adopted pursuant to this section shall include the following provisions: (1) Types of Emergency Responses. (A) The emergency action plan shall set forth the circumstances and procedures for the sheltering in place, in-building relocation, partial evacuation and/or evacuation of building occupants in response to an emergency. (B) The emergency action plan shall address how such measures will be implemented during regular business hours, and at times other than regular business hours, when EAP staff may be absent from the building.
(e)Specific Requirements For Sheltering In Place.
(f)Specific Requirements For In-Building Relocations.
(g)Specific Requirements For Partial Evacuations And Evacuations.
(h)EAP Staff Requirements.
(i)Consultation With Neighboring Buildings.
(j)Submission and Acceptance of Emergency Action Plan.
(k)Periodic Review and Amendment. The owner shall cause a building's emergency action plan to be reviewed and amended in accordance with the standards, requirements and procedures set forth in 3 RCNY § 404-01(q) with respect to fire safety and evacuation plans.
(l)Emergency Action Plan Education and Drills.
(m)EAP Logbook.
(n)Obligations of Building Occupants and Employers of Building Occupants.













