§ 404-02 — Office Building Emergency Action Plans

§ 404-02 Office Building Emergency Action Plans.

(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. (2) Designation of EAP Staff. The emergency action plan shall designate: (A) a fire safety/EAP director and a sufficient number of deputy fire safety/EAP directors to ensure that a deputy fire safety/EAP director is present to perform the duties of the fire safety/EAP director at all times that a fire safety/EAP director is required to be on duty, but is absent; (B) at least one (1) person as a EAP building evacuation supervisor, and qualified to serve in such position, shall be present and on duty in the building at all times when a fire safety/EAP director is not required to be on duty, but there are occupants in the building. The EAP building evacuation supervisor at such times shall exercise the authority and responsibility of the fire safety/EAP director to implement the emergency action plan; (C) at least one (1) EAP warden for each floor of the building. EAP wardens shall be on duty on each floor during regular business hours for such floor; (D) at least one (1) deputy EAP warden for each employer of building occupants on a floor. If the floor area occupied by an employer of building occupants on a single floor exceeds 7,500 square feet, a deputy EAP warden shall be designated for each 7,500 square feet or portion thereof. At least the minimum required number of deputy EAP wardens shall be on duty on each floor during the regular business hours of such employer; (E) at least one (1) male and one (1) female EAP searcher for each employer of building occupants on a floor. Such EAP searchers shall be on duty on each floor during the regular business hours of such employer; (F) the members of a EAP brigade. The EAP brigade shall consist of the building manager, chief engineer and director of security (or, in their absence, qualified designees), and other building personnel, office employees or other building occupants designated to assist in the implementation of the emergency action plan, including persons assigned to assist building occupants that require assistance to participate in the plan. EAP brigade members shall be on duty during regular business hours. The fire safety/EAP director and deputy fire safety/EAP directors shall not be designated as EAP brigade members; and (G) critical operations staff, who are to be exempted from participation in EAP drills and/or delayed in participating in the implementation of the emergency action plan, as set forth in the emergency action plan. Such staff shall be designated based on the critical nature of their duties, either to the operation of the building service equipment or other essential services. The emergency action plan shall identify each such individual and the essential service that the individual is required to perform even under emergency conditions. Employers of building occupants may request that the fire safety/EAP director designate certain office employees as critical operations staff. Such requests shall be granted only if the employer can demonstrate that the employee is performing a public safety function or essential service for the employer in which there is a compelling public interest in maintaining even in the event of an emergency. All requests and designations shall be documented in writing and made available for inspection by Department representatives, upon request. (3) Designation of fire command center. Except as otherwise provided in 3 RCNY § 404-02(d)(4), the emergency action plan shall designate the fire command center as the location from which the fire safety/EAP director shall coordinate implementation of the emergency action plan or conduct an EAP drill. (4) Communications with building occupants. (A) The emergency action plan shall designate the primary and alternative means by which the fire safety/EAP director will communicate information and directions to building occupants. Buildings equipped with a fire alarm system with voice communication capability may utilize such fire alarm system for communications relating to the implementation of the emergency action plan or the conduct of EAP drills. (B) The emergency action plan shall set forth procedures for announcing the implementation of the emergency action plan or the conduct of an EAP drill. (5) Use of elevators and other building systems. The emergency action plan shall specify whether and how elevators and other building systems will be used to implement such plan. Elevators may be used to implement the emergency action plan, subject to the following considerations: (A) Floors or building occupants to be evacuated or relocated by elevators shall be designated in the emergency action plan. (B) Elevators that are to be used for evacuation, partial evacuation, shelter in place, or in-building relocation must be provided with two-way voice communication to the fire command center in accordance with the Building Code requirements. (C) Elevator use shall be directed only when the fire safety/EAP director or deputy fire safety/EAP director has assessed the situation and determined that such use would be safe. (D) Only designated elevators shall be used and only those elevators so designated shall remain in service. All other elevators shall be recalled to the lobby or their lowest floor of travel. (E) Movement of elevators shall be controlled either by operation in manual mode by an EAP staff member or at the elevator control panel in the lobby, under the direct supervision of the fire safety/EAP director. (F) Building occupants shall board elevators only on designated floors and disembark elevators at floors as directed by the fire safety/EAP director. (6) Assistance to building occupants with special needs. (A) The emergency action plan shall establish procedures for identifying in advance building occupants who require assistance to participate in the emergency action plan because of an infirmity, disability or other special need, and procedures for providing such assistance. Assistance that may be required may include implementing procedures or modifying equipment to ensure receipt of announcements, designating areas for assistance, and designating persons to provide assistance. (B) The owner shall make the procedure for requesting such assistance known to all building occupants and employers of building occupants. (C) A list of the building occupants who have requested such assistance, and their work location, shall be maintained at the fire command center, and made available to Department representatives or emergency response personnel, upon request. (D) The fire safety/EAP director, EAP wardens and, as appropriate, other EAP staff, shall periodically review the list of such building occupants on the floors or other areas of the building in which they perform their duties, so as to familiarize themselves with the building occupants requiring assistance to participate in the emergency action plan. (7) Floor plans. The emergency action plan shall include, for each floor of the building (including any floors below grade), a current floor plan bearing the signature and seal of a registered design professional, containing the information required by FC 404.3.1(3) and (4), marked to reflect exit routes, in-building relocation areas, and other information contained in the emergency action plan amenable to graphic representation. Such plans shall be submitted to the Department in a form and manner to be specified by the Department, as set forth in FC 404.6 and 3 RCNY § 404-02(j). (8) Building information card. A building information card, in the format set forth in 3 RCNY § 404-01(c)(2)(A)(2) and 3 RCNY § 404-01 Appendix B-2, shall be maintained at the fire command center, and made available to Department representatives or emergency response personnel, upon request. (9) EAP staff floor postings. Notices identifying the EAP staff shall be conspicuously posted on each floor, and kept at the fire command center, where they shall be made available for inspection by Department representatives. The format of such notices shall be as set forth in 3 RCNY § 404-01 Appendix C-2. (e) Specific Requirements For Sheltering In Place. (1) The sheltering in place provisions of the emergency action plan shall be based on an analysis of the circumstances in which such action would best ensure the safety of building occupants, and the manner in which it could best be implemented in the building. (2) The emergency action plan shall set forth the actions that would be taken in the event of sheltering in place, including, but not necessarily limited to, those in regard to the following building components or systems: (A) access to and egress from the building, including entrances, exits and stairwells; (B) elevator operation; (C) ventilation system operation, including air handling equipment, heating, ventilation and air conditioning equipment and smoke management systems; (D) openable windows; (E) interior doors, including fire doors; (F) electrical, natural gas, steam and other utility operations; and (G) fuel oil storage systems and associated pumps and piping. (f) Specific Requirements For In-Building Relocations. (1) The in-building relocation provisions of the emergency action plan shall be based on an analysis of the circumstances in which such action would best ensure the safety of building occupants, and the manner in which it could best be implemented in the building. (2) The emergency action plan shall: (A) set forth the number of building occupants on each floor; (B) designate the in-building relocation areas to which building occupants could be relocated in building, and, for each such in-building relocation area, identify: (1) the type of area (such as an interior office, conference room, file room or mechanical room); (2) the floor and its exact location thereon; (3) the type of protection it offers; (4) the estimated maximum number of building occupants each relocation area can accommodate; and (5) whether it affords access to water, lavatories and/or other facilities, equipment or supplies, including any pre-positioned equipment or supplies. (C) designate the route by which building occupants would be directed to in-building relocation areas if such areas are on a different floor, and identify the stairwells and (if applicable) elevators to be utilized; and (D) set forth the actions that would be taken with respect to building components or systems in the event of an in-building relocation, including the building components and systems set forth in 3 RCNY § 404-02(e)(2); and (E) the procedures by which employers of building occupants will account for their employees after an in-building relocation is completed. (g) Specific Requirements For Partial Evacuations And Evacuations. (1) The evacuation provisions of the emergency action plan shall be based on an analysis of the circumstances in which such action would best ensure the safety of building occupants. (2) The emergency action plan shall identify the safest and most efficient means of evacuating persons from the building or designated floors or areas thereof. Priority shall be given to building occupants on floors or other areas of the building most at risk of harm, and, in the designation of exit routes, to the avoidance of congestion. (3) The emergency action plan shall: (A) set forth the number of building occupants on each floor, including an estimate of the number of visitors, if any, on a typical day; (B) identify the location of exits, stairwells and (if to be utilized) elevators, and their capacity; and (C) set forth the actions that would be taken with respect to building components or systems in the event of a partial evacuation or evacuation, including the building components and systems set forth in 3 RCNY § 404-02(e)(2). (4) The emergency action plan shall designate: (A) primary designated exit routes for the evacuation of each floor or other area of the building, and alternative exit routes in the event that the primary designated routes cannot be used; (B) whether building occupants will be directed to leave the area by any safe means (other than in circumstances that preclude such action, such as contamination), or directed to one (1) or more assembly areas that are: (1) at a safe distance from the building (preferably a distance from the building not less than the height of the building); (2) sufficient in number and size to accommodate the building occupants that will be assigned to report to such assembly area; and (3) allow for the continuous movement of building occupants away from the building to their assembly areas; (C) the procedures by which employers of building occupants will account for their employees after a partial evacuation or evacuation is completed. (h) EAP Staff Requirements. (1) Fire safety/EAP director. (A) Qualifications. The fire safety/EAP director shall be the person designated as the fire safety director in the fire safety and evacuation plan. The fire safety/EAP director shall hold a fire safety/EAP director certificate of fitness and otherwise possess the qualifications set forth in 3 RCNY § 113-03. (B) Duties and responsibilities. The fire safety/EAP director shall: (1) be present and on duty in the building during regular business hours; (2) be fully familiar with the provisions of the emergency action plan; (3) supervise and train the deputy EAP directors, EAP building evacuation supervisors, EAP wardens, deputy EAP wardens, EAP searchers, EAP brigade members, critical operation staff and other EAP staff, including conducting initial and periodic refresher training to maintain the state of readiness of such staff. Critical operations staff exempt from participating in EAP drills shall receive training in evacuation procedures and other matters addressed during the EAP drill, and such other information as an individual would need to know by reason of their delayed participation in any evacuation or other implementation of the emergency action plan; (4) select qualified building personnel for the EAP brigade, organize, train and supervise the EAP brigade, and be responsible for the state of readiness of the EAP brigade, in accordance with 3 RCNY § 404-02(h)(6); (5) be responsible for a daily check of the availability of EAP wardens and deputy EAP wardens, and make such notifications or temporary assignments as are necessary to ensure adequate EAP staffing; (6) immediately report to 911 any emergency and any determination to implement the emergency action plan; (7) in the event of an emergency in or affecting the building, report to the fire command center or designated alternative location, and, if appropriate, implement the emergency action plan in accordance with its terms and the provisions of this section, and notify arriving emergency response personnel and incident commander of the emergency and the building response thereto; (8) be responsible for communicating all information and directions to building occupants in accordance with 3 RCNY § 404-02(c)(8) and as may be required by the emergency action plan; (9) conduct the EAP drills required by this section; (10) approve the content of the emergency action plan educational materials and the EAP drills provided to building occupants pursuant to 3 RCNY § 404-02(l); (11) ensure that the required notices are posted on the floors and that the required recordkeeping is maintained; (12) review and approve the procedures established by employers of building occupants to account for building occupants after an evacuation, partial evacuation, in-building relocation or sheltering in place; and (13) with respect to the implementation of fire safety and evacuation plans and the conduct of fire evacuations and fire drills, comply with the requirements of FC Chapter 4 and the rules. (2) Deputy fire safety/EAP director. (A) Qualifications. The deputy fire safety/EAP director shall hold a fire safety/EAP director certificate of fitness and otherwise possess the qualifications set forth in 3 RCNY § 113-03. The deputy fire safety/EAP director shall receive training in the emergency action plan from the fire safety/EAP director in accordance with FC 406.2. (B) Duties and responsibilities. The deputy fire safety/EAP director shall: (1) in the absence of the fire safety /EAP director, perform the duties of the fire safety/EAP director, as circumstances warrant, except that the fire safety/EAP director shall personally supervise all FSP staff training; and (2) in the presence of the fire safety/EAP director, assist the fire safety/EAP director in carrying out the requirements of the emergency action plan and this section, as circumstances warrant. (3) EAP building evacuation supervisor. (A) Qualifications. The EAP building evacuation supervisor shall receive training in the emergency action plan from the fire safety/EAP director as set forth in FC Table 406.2(2). (B) Duties and responsibilities. The EAP building evacuation supervisor shall: (1) in the absence of the fire safety/EAP director and deputy fire safety/EAP director, perform the duties of the fire safety/EAP director, as circumstances warrant; and (2) in the presence of the fire safety/EAP director, assist the fire safety/EAP director in carrying out the requirements of the emergency action plan and this section, as circumstances warrant. (4) EAP wardens. (A) Qualifications. The EAP warden shall receive training in the emergency action plan from the fire safety/EAP director in accordance with FC 406.2. (B) Duties and responsibilities. The EAP warden shall: (1) be familiar with the emergency action plan, including general sheltering in place, in-building relocation, partial evacuation and evacuation procedures, the exit and in-building relocation routes to be utilized for the floor, the location of in-building relocation areas and assembly areas; and the means of communicating with the fire safety/EAP director; (2) in the event of an emergency on the floor or immediately affecting building occupants on the floor, notify the fire safety/EAP director and building occupants on the floor of the emergency, and initiate appropriate action; (3) in the event of an emergency not on the floor or not immediately affecting building occupants on the floor, establish communication with the fire safety/EAP director and, if possible, await direction from the fire safety/EAP director; (4) keep the fire safety/EAP director informed of his or her location and the progress of the implementation of emergency action plan measures; (5) confirm the in-building relocation or evacuation of the floor or portion thereof by directing deputy EAP wardens and/or other EAP staff designated as EAP searchers to search all areas of the floor to be relocated in building or evacuated; to do so by visual inspection, not merely by the lack of a voice response; and to notify any remaining building occupants that they must immediately comply with the applicable emergency action plan procedures; (6) determine whether the stairwells are safe to enter before directing building occupants to use them, and, if unsafe, notify the fire safety/EAP director, and to instruct building occupants not to use elevators unless and until the fire safety/EAP director authorizes their use; and (7) perform such other duties as set forth in the emergency action plan, or as directed to do so by the fire safety/EAP director. (5) Deputy EAP wardens. (A) Qualifications. The deputy EAP warden shall receive training in the emergency action plan from the fire safety/EAP director in accordance with FC 406.2. (B) Duties and responsibilities. The deputy EAP wardens shall: (1) in the absence of the EAP warden, perform the duties of the EAP warden, as circumstances warrant; and (2) in the presence of the EAP warden, assist the EAP warden in carrying out the requirements of the emergency action plan and this section, by searching all areas of the floor to be relocated in building or evacuated, and notifying any remaining building occupants that they must immediately comply with the applicable emergency action plan procedures, and by performing such other duties as assigned by the emergency action plan or directed by the EAP warden. (6) EAP brigade. (A) Qualifications. All EAP brigade members shall receive training in the emergency action plan from the fire safety/EAP director in accordance with FC 406.2. (B) Duties and responsibilities. Members of the EAP brigade shall: (1) perform their designated assignments, as set forth in the emergency action plan or as directed by the fire safety/EAP director; and (2) in the event of an emergency, immediately report to the designated locations, as set forth in the emergency action plan or directed by the fire safety/EAP director, to be ready to undertake their designated assignments. (7) Critical Operations Staff. (A) Qualifications. All critical operations staff shall receive training in the emergency action plan from the fire safety/EAP director in accordance with 3 RCNY § 404-02(h)(1)(B)(3). Such training shall be for the same duration and frequency as required for EAP brigade members pursuant to FC 406.2. (B) Duties and responsibilities. Critical operations staff shall: (1) perform their designated assignments, as set forth in the emergency action plan or as directed by the fire safety/EAP director; and (2) in the event of an emergency, immediately report to their designated locations, as set forth in the emergency action plan or directed by the fire safety/EAP director, and undertake their designated assignments. (8) EAP Searchers. (A) Qualifications. All EAP searchers shall receive training in the emergency action plan from the fire safety/EAP director in accordance with 3 RCNY § 404-02(h)(1)(B)(3). Such training shall be for the same duration and frequency as required for EAP brigade members pursuant to FC 406.2. (B) Duties and responsibilities. EAP searchers shall: (1) in the absence of the deputy EAP warden, perform the duties of the deputy EAP deputy warden; and (2) in the presence of the EAP warden, assist the EAP warden in carrying out the requirements of the emergency action plan and this section, by searching all areas of the floor to be relocated in building or evacuated, notifying any remaining building occupants that they must immediately comply with the applicable emergency action plan procedures, and performing such other duties as assigned by the emergency action plan or directed by the EAP warden. (9) Identification. Upon implementation of the emergency action plan or during EAP drills, the fire safety/EAP director and all EAP staff shall identify themselves to building occupants and others by donning a vest, armband or other form of identification indicating their role. (i) Consultation With Neighboring Buildings. (1) Prior to filing an emergency action plan for a building, the owner shall consult with the owners of all neighboring buildings with respect to the terms of the proposed emergency action plan as it affects such neighboring buildings. Such consultations shall include but not be limited to designation of evacuation routes and assembly areas, and coordination and notification of EAP drills involving evacuation of building occupants. (2) Such consultations, and any agreements reached as a result, shall be documented in written form, and shall be made available for inspection by Department representatives, upon request. (3) The owner of a building shall be deemed to have satisfied the requirements of this section notwithstanding the lack of cooperation on the part of the owners of neighboring buildings, if the owner makes reasonable efforts to engage in such consultations, and documents such efforts. (j) Submission and Acceptance of Emergency Action Plan. (1) Time for submission. (A) An owner of a building for which a certificate of occupancy or temporary certificate of occupancy has been issued by the Department of Buildings prior to April 6, 2006, or which is otherwise occupied before such date, shall submit to the Department an emergency action plan for such building by December 31, 2006, for all buildings not in any of the preceding categories. (B) An owner of a building constructed or occupied on or after April 6, 2006, shall submit to the Department an emergency action plan for such building at the same time as the fire safety and evacuation plan required pursuant to FC 404.2.1 is submitted to the Department. (2) Department review and acceptance. Emergency action plans shall be filed for Department review and acceptance in the accordance with the standards, requirements and procedures set forth in 3 RCNY § 404-01(p) with respect to fire safety and evacuation plans. (3) Plan review fee. Original emergency action plans filed for Department review and acceptance shall be accompanied by the plan review fee set forth in FC Appendix A. Applicants filing amended plans will be billed the plan review fee set forth in FC Appendix A. (4) Time for implementation. Within 30 days from the date of Department acceptance of the emergency action plan, an owner shall have in place trained FSP staff and otherwise be capable of implementing the emergency action plan at the premises and otherwise complying with the requirements of this section. (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. (1) Distribution of emergency action plan. The owner shall provide a copy of the emergency action plan for the building, and any amended emergency action plan, to each employer of a building occupant within the time set forth for implementation of the emergency action plan set forth in 3 RCNY § 404-02(j)(4). The owner may delete from the emergency action plan distributed to such employers the floor plans, building information card or any other information that would compromise building security or personal safety. Thereafter, the owner shall provide a copy of the emergency action plan to each new employer prior to its employees occupying the building. (2) Distribution of educational materials to building occupants. The owner shall provide to each employer of building occupants, for distribution to all building occupants, educational materials approved by the fire safety/EAP director explaining the emergency action plan. (3) EAP drills. (A) The owner shall conduct EAP drills on a regular basis, during regular business hours, in accordance with this section, to familiarize all building occupants with the procedures for evacuation, partial evacuation, in-building relocation and sheltering in place, and the reasons for implementing each type of action. (B) Types, scope and frequency of EAP drills. (1) Types. EAP drills shall consist either of instruction or stairwell familiarization, as follows: (a) Instructional drills. Such drills shall serve to familiarize building occupants with the requirements and procedures of the emergency action plan by means of informational sessions approved by the fire safety/EAP director. Such sessions shall address implementation of the emergency action plan both during regular business hours, and at other times, when EAP wardens and other EAP staff may be absent from the building. Such sessions may be conducted by any qualified person, at any appropriate location, including but not limited to stairwell entrances or in-building relocation areas. (b) Stairwell familiarization drills. Such drills shall serve to familiarize building occupants with the process of in-building relocation or building evacuation via building stairwells. A stairwell familiarization drill shall require building occupants, other than building occupants who request and are granted exemption pursuant to 3 RCNY § 404-02(n)(1)(C), to enter a building stairwell and be escorted down at least four (4) floors of stairs (or to ground level, if below the fifth floor), during which time stairwell safety features and safe evacuation procedures shall be reviewed. (2) Scope. EAP drills (involving instruction or stairwell familiarization) may be conducted by individual floor or groups of floors, or building-wide. (3) Frequency. EAP drills shall be conducted on a regular basis, as follows: (a) At least two (2) EAP drills shall be conducted within one (1) year of the date of Department acceptance of the building's initial emergency action plan, the first of which shall be conducted within six (6) months of such date of acceptance. At least one (1) of these initial EAP drills shall involve stairwell familiarization. (b) Beginning one (1) year from the date of Department acceptance of the building's initial emergency action plan, an EAP drill shall be conducted on each floor of the building at least once a year. An EAP drill involving stairwell familiarization, and an EAP drill in which all floors participate simultaneously, shall be conducted at least once every three (3) years. (4) Participation. All building occupants present on the affected floors at the time the EAP drill is conducted, including visitors, shall be required to participate in such drill. (C) EAP drills shall be conducted separately from fire drills required for the building pursuant to FC 405, and shall highlight the differences between the building's fire safety and evacuation plan and emergency action plan, and the appropriate actions to be taken by building occupants upon implementation of each plan. (4) Full building evacuation drills. (A) Except as otherwise provided in this paragraph, full building evacuation drills, in which all building occupants evacuate the building, are not required. Any owner wishing to undertake a full building evacuation drill shall: (1) notify the Field Public Communications Unit of the Bureau of Fire Prevention not less than 72 hours in advance of any full building evacuation drill; (2) notify the owners of neighboring buildings not less than 72 hours in advance of any full building evacuation drill. The owner of a neighboring building, upon receipt of such a notification, shall notify the occupants of such neighboring building of the drill, to prevent the evacuation from causing alarm; and (3) provide not less than 72 hours advance notification to the New York City Police Department and New York City Department of Transportation of any full building evacuation drill, and make any necessary arrangements with such agencies for such drill. (B) The Department may direct a building to conduct a full building evacuation drill should it determine that there is a need to evaluate the adequacy of the building's emergency action plan or its compliance with the requirements of the plan or of this section. (5) The obligations of owners of buildings and employers of building occupants pursuant to this subdivision shall not be construed to apply to building occupants who are visitors in the building, except that visitors shall be required to participate in any EAP drill being conducted at the time of their visit. (m) EAP Logbook. (1) An EAP logbook shall be maintained at the building's fire command center for purposes of recording all EAP-related events, staffing and educational and training matters. The EAP logbook may be consolidated with the recordkeeping required pursuant to FC 405.5 and 3 RCNY § 404-01(s) with respect to fires and other incidents, implementation of the fire safety and evacuation plan, conduct of fire drills, and training of FSP staff. (2) The EAP logbook shall be a bound journal with consecutively numbered pages, unless the Department has authorized or approved an alternative form of electronic recordkeeping. (3) A record shall be maintained in the EAP logbook of all training provided to EAP staff and building occupants, including EAP drills. (A) Entries for EAP-related events shall include: (1) any implementation of the emergency action plan; and (2) any emergency action plan-related notifications to the Department or other agencies. (3) EAP staff changes, EAP on-site examinations, EAP amendments and EAP acceptance by the Department. (4) Availability of EAP staff members during regular business hours. (B) Entries for EAP staff training sessions conducted shall include: (1) the date of training session; (2) the person(s) conducting the training session; (3) the persons attending the training session; and (4) the type of training session conducted (live or computerized instruction). (C) Entries for EAP drills shall include: (1) the date and time of drill; (2) the person(s) conducting the drill; (3) the date and time that required notifications (to Department and other agencies) were made, and persons receiving such notifications; (4) the EAP staff members participating in the drill; (5) the type of drill conducted (stairway familiarization, or instructional (live or computerized instruction)); (6) identification of the floors and the number of building occupants participating in drill; (7) the emergency scenario simulated; (8) the special needs addressed; (9) the problems encountered; and (10) for a partial evacuation or evacuation, the weather conditions and time required to accomplish complete evacuation. (D) The EAP logbook shall be kept at the premises for a period of five (5) years, and made available for inspection by Department representatives upon request. (n) Obligations of Building Occupants and Employers of Building Occupants. (1) Building occupants. All building occupants: (A) shall comply with the directions of the fire safety/EAP director and EAP staff upon an announcement that the emergency action plan has been implemented, including any shelter in place, in-building relocation, partial evacuation or evacuation directed by the fire safety/EAP director; (B) shall familiarize themselves with the requirements of the emergency action plan, and cooperate with and participate in EAP drills; (C) shall request an exemption from the fire safety/EAP director if participation in a EAP drill involving stairwell familiarization, in-building relocation, partial evacuation or evacuation would cause injury or serious hardship; and (D) are encouraged to identify themselves in accordance with the procedures of the emergency action plan if they would require assistance in the event of an in-building relocation, partial evacuation or evacuation. (2) Employers of building occupants. All employers of building occupants shall: (A) promptly distribute to building occupants who are their employees the educational materials regarding the emergency action plan provided to the employer by the owner; (B) comply with the requirements of the emergency action plan and 3 RCNY § 404-02(n)(1), and instruct their employees who are building occupants to do so; (C) assign or allow responsible employees to serve as EAP wardens, deputy EAP wardens and members of the EAP brigade, and require such employees to conscientiously perform their duties under the emergency action plan; (D) establish and maintain a system of assigning responsibility for accounting for employees present in the building so that an accounting can be made in the event of an in-building relocation, partial evacuation or evacuation; and (E) identify any office employees performing a public safety function or essential service for the employer in which there is a compelling public interest in maintaining even in the event of an emergency and request that they be designated as critical operations staff for purposes of the emergency action plan.