Emergency plan rules in New York
5 license types researched, regulated by New York State Department of Health. Every requirement below carries the rule that imposes it.
Skilled nursing facility
Licensed in New York as Nursing Home, by New York State Department of Health.
10 NYCRR §415.26(f) (disaster planning); NY Executive Law §23-B
New York nursing homes are reported to conduct annual full-scale evacuation drills, on top of the CMS two-exercise program.
Confirm the drill and full-scale evacuation requirement in 10 NYCRR §415.26(f) against primary text; sourced from a provider-association summary.
New York requires the disaster preparedness plan to include a reserve supply of food, water and medication; access to a generator or generators sufficient to supply electrical power to the facility; and an evacuation plan for residents that identifies an alternative site suitable for temporary use. The alternative site is named in statute — a plan that says 'we will relocate as directed' does not satisfy it.
NY Executive Law §23-B- Executive Law §23-B reaches nursing homes, adult homes, enriched housing programs and assisted living residences — four license types, one statutory standard, but each with its own DOH regulation on top.
- New York City adds a further layer: FDNY fire-code plan and emergency-action-plan filings sit on top of the state DOH requirements for buildings in the five boroughs.
- drills — Confirm the drill and full-scale evacuation requirement in 10 NYCRR §415.26(f) against primary text; sourced from a provider-association summary.
Reviewed 2026-07-30
Assisted living / residential care
Licensed in New York as Adult Home, by New York State Department of Health.
18 NYCRR §487.12 (fire drills); NY Executive Law §23-B
A fire drill for staff and volunteers every calendar month, at times varied across day and night and under both full and partial evacuation conditions. Residents take part at least once each calendar quarter; there is at least one total evacuation every 12 months; and at least one resident drill each year is observed by the fire authority, a certified agency or the Department of Health.
The same §23-B standard reaches adult homes, enriched housing programs and assisted living residences: food, water and medication in reserve; access to generators sufficient to power the facility; and an evacuation plan naming an alternative site suitable for temporary use.
NY Executive Law §23-BEach drill is recorded with its date, time and a description of the drill, the number of residents who took part, and the signatures of the staff and volunteers who took part.
18 NYCRR §487.12- Adult Home: 18 NYCRR §487.12. New York's adult-care drill rules are per license — an Adult Home is §487.12 and an Enriched Housing Program is §490.12 — and neither is the K-12 schools statute (Education Law §807).
Reviewed 2026-09-23
Assisted living / residential care
Licensed in New York as Enriched Housing Program, by New York State Department of Health.
18 NYCRR §490.12 (fire drills); NY Executive Law §23-B
A fire drill for staff and volunteers every calendar month, at times varied across day and night and under both full and partial evacuation conditions. Residents take part at least once each calendar quarter; there is at least one total evacuation every 12 months; and at least one resident drill each year is observed by the fire authority, a certified agency or the Department of Health.
The same §23-B standard reaches adult homes, enriched housing programs and assisted living residences: food, water and medication in reserve; access to generators sufficient to power the facility; and an evacuation plan naming an alternative site suitable for temporary use.
NY Executive Law §23-BEach drill is recorded with its date, time and a description of the drill, the number of residents who took part, and the signatures of the staff and volunteers who took part.
18 NYCRR §490.12- Enriched Housing Program: 18 NYCRR §490.12. New York's adult-care drill rules are per license — an Adult Home is §487.12 and an Enriched Housing Program is §490.12 — and neither is the K-12 schools statute (Education Law §807).
Reviewed 2026-09-23
Assisted living / residential care
Licensed in New York as Assisted Living Residence, by New York State Department of Health.
10 NYCRR §1001.5 (an Assisted Living Residence is also licensed as an Adult Home or an Enriched Housing Program); NY Executive Law §23-B
Drill obligations follow the residence's underlying license: 18 NYCRR §487.12 for an Adult Home, §490.12 for an Enriched Housing Program.
Record whether this Assisted Living Residence is licensed as an Adult Home or an Enriched Housing Program (10 NYCRR §1001.5); its drill schedule is that license's. A Special Needs ALR may carry additional emergency-plan requirements under 10 NYCRR §1001.13, which are not scheduled here.
The same §23-B standard reaches adult homes, enriched housing programs and assisted living residences: food, water and medication in reserve; access to generators sufficient to power the facility; and an evacuation plan naming an alternative site suitable for temporary use.
NY Executive Law §23-B- An Assisted Living Residence holds a second license — Adult Home or Enriched Housing Program — and its fire drill obligations are that license's. Record which one on the facility before relying on any schedule.
- A Special Needs Assisted Living Residence (10 NYCRR §1001.13) may have additional emergency-plan requirements. They apply only to that certification and are not generalized to other residences.
- drills — Record whether this Assisted Living Residence is licensed as an Adult Home or an Enriched Housing Program (10 NYCRR §1001.5); its drill schedule is that license's. A Special Needs ALR may carry additional emergency-plan requirements under 10 NYCRR §1001.13, which are not scheduled here.
Reviewed 2026-09-23
School (K–12)
Licensed in New York as Public and non-public school (K-12), by New York State Education Department.
New York Education Law §807 (fire and emergency drills, instruction in the use of exits)
At least twelve drills each school year, eight of them between 1 September and 31 December.
Reviewed 2026-08-31
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Everything else we’ve researched about New York
Same state, the problems either side of this one. Each carries its own statute and the date we last checked it.
- New York rent late fees & grace periodWhat may be charged when rent is late, and the notice to send.
- New York notice to pay rent or quitHow many days' notice before a nonpayment filing, counted on a calendar.
- New York deposit return law & letterThe landlord's deadline to return a deposit, and the itemized letter.
- New York deposit demand letterFor the tenant: whether the landlord is late, and by how many days.
- New York deposit deduction rulesWhat may fairly come out of a deposit, prorated by useful life.
What this page is
The requirements New York places on a facility emergency preparedness plan, taken from the state’s own rules rather than a national template. Where we have confirmed something against primary text it is stated plainly; where we have not, it says so and names what to check. Nothing here is inferred from what other states do.
The part that is the same everywhere
The federal layer does not vary by state, and it is narrower than it is usually described. OSHA 29 CFR §1910.38 does not bind every employer on its own — by its applicability paragraph it governs an emergency action plan whenever another OSHA standard requires the employer to have one, and it then settles what that plan must contain. The CMS emergency preparedness rule applies by certified provider type rather than by building. That layer, plus the exit-route, alarm and first-aid rules and the fire code’s plan structure, is covered in the main crash course rather than repeated on all fifty state pages.
Write the plan
The Emergency Plan Builder produces the document itself. It reads the same research as this page, but it does not yet carry every requirement here into the plan it writes, so check the plan against this page before you rely on it for New York. The Compliance Calendar puts the drills and inspections on dates.