2006 New York Code - Plans And Specifications Of School Buildings Must Be Approved By Commissioner Of Education.

 
    § 408. Plans  and  specifications of school buildings must be approved
  by commissioner of education.  1.  No  schoolhouse  shall  hereafter  be
  erected,  purchased,  repaired,  enlarged  or  remodeled  nor  shall the
  advertisement for bids for the execution of the plans and specifications
  for such schoolhouses be placed, in any school district except in a city
  school district in a city having seventy thousand inhabitants  or  more,
  at an expense which shall exceed one hundred thousand dollars, until the
  plans  and  specifications shall have been submitted to the commissioner
  of  education  and  his  approval  endorsed  thereon.  Such  plans   and
  specifications  shall  show  in  detail  the  ventilation,  heating  and
  lighting of such buildings.
    In the case of a school district in a  city  having  seventy  thousand
  inhabitants  or  more,  all  the provisions previously set forth in this
  subdivision shall apply, except that  the  commissioner  may  waive  the
  requirement  for  submission  of plans and specifications and substitute
  therefor the requirement for submission of an outline of such plans  and
  specifications  for his review. Such outline shall be in a form which he
  may prescribe from time to time.
    In either case, the commissioner may, in his discretion, review  plans
  and specifications for projects estimated at an expense of less than one
  hundred thousand dollars.
    In  the  case  of  a  school  district  in  a  city  having  a million
  inhabitants or more, all of the provisions previously set forth in  this
  subdivision  shall apply, except that such school district shall only be
  required to submit an outline of the plans  and  specifications  to  the
  commissioner  of education for his information where a schoolhouse is to
  be erected in conjunction with  the  development  of  a  project  to  be
  developed  under  the  provisions  of article two or five of the private
  housing finance law and where both the school and  the  project  are  to
  have  rights or interests in the same land, regardless of the similarity
  or equality thereof, including fee interests, easements, space rights or
  other rights or interests.
    2. The commissioner of education shall not approve the plans  for  the
  erection  or  purchase  of  any  school  building or addition thereto or
  remodeling  thereof  unless  the  same  shall   provide   for   heating,
  ventilation,  lighting,  sanitation, storm drainage and health, fire and
  accident protection adequate to maintain healthful, safe and comfortable
  conditions therein and unless the county superintendent of  highways  or
  commissioner  of  public  works  has been advised of the location of all
  temporary and permanent entrances and exits upon all public highways and
  the storm drainage plan which is to be used.
    3. The  commissioner  shall  approve  the  plans  and  specifications,
  heretofore  or  hereafter  submitted  pursuant  to this section, for the
  erection or purchase of any  school  building  or  addition  thereto  or
  remodeling  thereof  on  the site or sites selected therefor pursuant to
  this chapter, if such plans conform to the requirements  and  provisions
  of this chapter and the regulations of the commissioner adopted pursuant
  to  this  chapter  in  all  other  respects; provided, however, that the
  commissioner of education shall not approve the plans for  the  erection
  or  purchase  of any school building or addition thereto unless the site
  has  been  selected  with  reasonable  consideration  of  the  following
  factors;  its  place  in  a  comprehensive,  long-term  school  building
  program; area required for outdoor educational  activities;  educational
  adaptability,  environment,  accessibility; soil conditions; initial and
  ultimate cost. In  developing  such  plans  and  specifications,  school
  districts  are  encouraged  to review the energy conservation and saving
  best practices available from the department  and  the  New  York  state
  energy research and development authority.
    4.  No  funds voted by a district meeting or other competent authority
  in any school district to which the provisions  of  subdivision  one  of
  this  section  are  applicable,  exceeding the amounts specified in such
  subdivision, shall be expended by the trustees  or  board  of  education
  until  the  commissioner  of  education shall certify that the plans and
  specifications for the same comply with the provisions of this section.
    5. In a  city  having  a  population  of  one  million  or  more,  all
  designing,  draughting  and  inspecting necessary in connection with the
  construction, additions to, alterations and maintenance of  schoolhouses
  shall  be  performed  by  a  bureau  established and maintained for this
  purpose under the board of education. The work of this bureau  shall  be
  performed  by  civil  service  employees in the classified civil service
  under the direction of the superintendent of  school  buildings,  design
  and  construction,  except  that  repairs, betterment and maintenance of
  heating and ventilating plants and equipment, elevators  and  mechanical
  equipment  shall  remain  under  the  direction of the superintendent of
  plant operation and maintenance. In a special case upon approval of  the
  board  of  estimate,  such  designing,  draughting  or inspecting may be
  otherwise performed.
    6.  The  commissioner  may  promulgate  regulations  relating  to  the
  purchase  of  existing  school buildings. Such regulations shall provide
  for an appraisal of such buildings as school buildings and the  land  on
  which  they  are  situated  as  school  sites by the state board of real
  property  services,  such  estimates  of  the  cost  of  renovation  and
  construction  as  may  be  necessary  and  limitations  on  the  cost of
  acquisition and renovation, in taking into  consideration  the  age  and
  condition  of such existing buildings, in relation to the estimated cost
  of constructing a new building containing  comparable  facilities.  Such
  regulations  may  also require the prior approval of the commissioner of
  any renovations proposed to be made to such existing school buildings.