The recommendations incorporated into the bill fall into three categories:

• Retroactive requirements applying to existing high-rise office buildings
• Prohibitions on the use of certain materials and designs for such buildings
• New requirements applicable to the construction of new high-rise buildings

For example, the retroactive requirements include: full sprinkler protection for office buildings 100 feet or higher (by 2019); improved photo luminescent exit path markings and directional signs (by 2006); mandatory back-up power for exit signs (by 2007); and mandatory evacuation plans for non-fire related emergencies (though no standard procedure or deadline has been set yet).

The prohibitions focus on restricting the use of scissor stairs, temporarily prohibiting the use of open-web joints, and restricting the use of oversized fuel oil transfer piping.



“You have to balance safety and stimulate economic development... If New York City wants to keep being the world's second home, we need its occupants to feel safe.”
Patricia J. Lancaster, NYC Commissioner of Buildings, The New York Times, 8/5/2004

Provisions for new construction relate to: impact-resistant stair and elevator enclosures; smoke-stop elevator vestibules; the raising of air intake locations to prevent unwanted contaminants from entering ventilation systems; controlled inspections of sprayed-on fireproofing and fire dampers; and exclusion of certain floor drains from normal fixture counts to encourage the use of such drains, and prevent water used in firefighting from draining into elevator shafts.



“This is a dramatic change in how we view getting people out of buildings that have fires but also non-fire-related emergencies, like explosions, biological and chemical releases, any hazardous materials.”
Nicholas Scoppetta, NYC Fire Commissioner, The New York Times, 8/5/2004

Though these revisions to the high-rise building codes have now become law, the evaluation process has not ended. Studies continue to be conducted, and as data becomes available, there may be further modifications.

Whether an existing or new building is concerned, these revised codes will necessitate significant investments in sprinkler and exit sign systems, as well as planning and execution of full-scale evacuation drills. For new buildings, the restrictions on the use of certain materials and safety and soundness-related construction requirements will entail additional expenditures as well.

As such, property developers and managers, safety and security officers, and others responsible for such issues should ask themselves the following questions:

• Do the new codes apply to my building?
• If the new codes apply, do I know to what extent?
• Have I assessed my building's sprinkler and exit sign systems?
• What steps do I need to take to be in compliance with the new codes?
• Do I have an emergency evacuation plan in place? Has my plan been tested? Does it need to be revised?
• What other emergency preparedness measures should I undertake for my building?
• Do I know what best practices are in the real estate sector?
• Have I accounted for the costs of complying with the new codes?
• Do my insurance limits account for such costs?

Faced with New York City's revised building codes for high-rises, property managers and developers need to understand how best to be code-compliant. Thus, they should consider conducting property and hazard risk assessments and reviews, and mapping currently installed or planned infrastructure against the provisions of the new building codes. This way, informed decisions can be made about the steps to be taken to be code-compliant and the replacement and other construction costs associated with doing so.

In addition to the property infrastructure assessments, managers and developers, as well as safety and security officers, should review emergency response and evacuation plans for their buildings. Managers and developers should ensure that their plans meet best practices and account for all possible scenarios. They should communicate with tenants about emergency response and evacuation procedures, and test plans frequently enough so that tenants are aware of the safety systems and exit procedures in their buildings. They should also reach out to police, firefighters, and other first responders, to ensure that plans meet with city standards and a familiar line of communication is established in advance of any incident.



“Everyone must anticipate potential areas of liability that were not apparent in the past…The need for building hardening against blast is obvious now. But owners should anticipate ways to reduce the impact of a chemical biological attack, for example, by ensuring mechanical air intake vents are located above grade to prevent tampering.”
Raymond T. Mellon, partner at law firm Zetlin & De Chiara LLP, Engineering News-Record, 5/31/2004

Marsh's experts in property risk consulting, strategic risk communications can assist property managers and developers and related personnel to identify, prioritize, and manage the wide variety of risks they face, particularly in relation to the costs associated with the newly mandated building safety measures and evacuation plans. When faced with an actual crisis situation, our experts can guide you through such moments and support any property claims activities. Working together, we can help you stay ahead of your risk issues and manage recovery efforts.



If you have any questions or would like additional information, please contact us.