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    Emergency Executive Order 302

    January 05, 2023

    Download Emergency Executive Order 302

    WHEREAS, over the past several months, thousands of asylum seekers have been arriving in New York City, from the Southern border, without having any immediate plans for shelter; and

    WHEREAS , the City now faces an unprecedented humanitarian crisis that requires it to take extraordinary measures to meet the immediate needs of the asylum seekers while continuing to serve the tens of thousands of people who are currently using the DHS Shelter System; and

    WHEREAS, additional reasons for requiring the measures continued in this Order are set forth in Emergency Executive Order No. 224, dated October 7, 2022; and

    WHEREAS, the state of emergency based on the arrival of thousands of individuals and families seeking asylum, first declared in Emergency Executive Order No. 224, dated October 7, 2022, and extended most recently by Emergency Executive Order No. 278, dated December 6, 2022, remains in effect;

    NOW, THEREFORE , pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

    Section 1.  I hereby direct that the State of Emergency declared in Emergency Executive Order No. 224, dated October 7, 2022, and extended by subsequent orders, is extended for thirty (30) days.

    § 2. I hereby order that section 1 of Emergency Executive Order No. 298, dated December 31, 2022, is extended for five (5) days.

    § 3. I hereby authorize the Fire Department (“FDNY”) to waive any provision of 3 RCNY § 901-04 relating to central station monitoring of fire alarm systems, preparation and filing of a fire safety and evacuation plan, decorations, portable fire extinguishers, and commercial cooking systems, where FDNY determines such provision would prevent or delay the alteration or use of a building as a temporary humanitarian relief center (“Humanitarian Emergency Response and Relief Center” or “HERRC”). Where FDNY waives such a provision, such provision shall be deemed suspended with respect to the alteration or use of such building as a HERRC. FDNY shall require that adequate mitigating fire safety measures to ensure public safety, health and welfare be implemented at any such building.  Any waivers and mitigating measures pursuant to this order shall be adopted by written FDNY guidance or documented in a written determination issued by FDNY. Such documentation shall be maintained at the premises of the HERRC and at the FDNY.

    § 4.  This Emergency Executive Order shall take effect immediately.  The State of Emergency shall remain in effect for a period not to exceed thirty (30) days or until rescinded, whichever occurs first. Additional declarations to extend the State of Emergency for additional periods not to exceed thirty (30) days shall be issued if needed.


    Eric Adams
    Mayor