2006 New York Code - Comprehensive Public School Building Safety Program.

 
    §  409-d.  Comprehensive  public  school  building  safety program. 1.
  Program establishment. The commissioner is authorized  and  directed  to
  establish,  develop  and  monitor a comprehensive public school building
  safety program which shall include a uniform inspection,  safety  rating
  and  monitoring system. Such program shall require the annual inspection
  of all public school buildings throughout New York  state;  establish  a
  safety  rating  system  for such school buildings to assess the need for
  maintenance, repairs, rehabilitation, reconstruction,  construction  and
  other  improvements  related  to  the  structural  integrity and overall
  safety of public school buildings including but not limited to  building
  systems  related  to electrical, plumbing, heating, ventilation, and air
  conditioning, sanitation and health, fire and accident  protection;  and
  require  that  such  ratings  be  used  for  the purpose of developing a
  buildings condition survey as required pursuant to subdivision  four  of
  section  thirty-six  hundred  forty-one  of this chapter and a five year
  facilities plan as required pursuant to clause (i) of  subparagraph  two
  of  paragraph  b of subdivision six of section thirty-six hundred two of
  this chapter.
    2. Commissioner's authorization. In implementing    the  program,  the
  commissioner is authorized to:
    (a)  require  the  inspection  of  every  public  school  building and
  prescribe qualifications of persons who may perform  or  supervise  such
  inspections in accordance with the provisions of this section.
    (b) establish a safety rating system keyed to the structural integrity
  and  overall  safety of the building. Such system shall rate every major
  building system  contained  within  a  building  and  where  practicable
  identify  critical  maintenance and include such information in the plan
  required in subdivision ten of section thirty-six hundred  forty-one  of
  this chapter;
    (c)  require  each  school  district  to develop a buildings condition
  survey;
    (d) require each school  district  to  develop  a  five  year  capital
  facilities plan;
    (e) establish a process for monitoring all school buildings; and
    (f)  provide  for  waivers  of the requirements of this section and/or
  section four hundred nine-e of this article for districts  whose  school
  building safety inspection procedures in existence on the effective date
  of this section are in substantial compliance with such requirements.
    3.  Notification.    Notwithstanding any other provision of law to the
  contrary, the commissioner shall be authorized to notify in writing  any
  school  district  or  board  of  cooperative  educational  services  the
  existence of a hazardous condition found in any school  building  within
  the school district that is in violation of applicable building, health,
  or  safety  codes  or  regulations  that  may threaten the health and/or
  safety of students or staffs.  Such  notice  must  be  acknowledged  and
  responded  to  within  five  business days or less. Such notice shall be
  delivered to the superintendent of the school district or  the  district
  superintendent  of the board of cooperative educational services. In the
  case of a city school district in a city  having  a  population  of  one
  million  or  more  inhabitants  such  notice  shall  be delivered to the
  chancellor of the city district.