2006 New York Uniform Code Of Public School Buildings Inspection, Safety Rating And Monitoring.



 
    §  409-e.  Uniform  code of public school buildings inspection, safety
  rating and monitoring. 1. Code development, rules and  regulations.  The
  commissioner  shall,  after  at  least  one public hearing, promulgate a
  uniform code of public school building inspections,  safety  rating  and
  monitoring,   hereinafter  referred  to  as  the  "code",  by  rule  and
  regulation. The commissioner  shall  periodically  review  the  code  to
  ensure  that  it  effectuates  the  purposes  of  this section, provided
  however nothing herein shall prevent a  school  district  from  enacting
  stricter  local  codes so long as such code is consistent with the state
  code and  provided  further  nothing  herein  shall  affect  a  separate
  requirement  to  inspect  and  maintain school buildings pursuant to any
  other state or local law or regulation.
    2. Periodic inspections. (a) Every public  school  building  shall  be
  inspected  annually  in  accordance with the code, provided however, the
  commissioner may require more frequent inspections as  deemed  necessary
  to  maintain  the  safety  of  school buildings and the welfare of their
  occupants.
    (b) As provided in paragraph (a) of this subdivision such  inspections
  shall:
    (i)   be   conducted   in   a   manner  and  by  persons  meeting  the
  qualifications, as established in the code;
    (ii) result in a safety rating of every building as required  pursuant
  to this article; and
    (iii)  be reported on forms prescribed by the commissioner, subscribed
  by the person or persons who conducted the inspection and filed with the
  commissioner within sixty days of the completion of the inspection.
    (c) In the case  of  a  city  school  district  in  a  city  having  a
  population  of  one  million  or  more inhabitants, each school shall be
  inspected periodically  by  the  department  of  buildings  pursuant  to
  section  27-211  of the New York city building code, or any successor or
  substantially similar section.
    3. Safety rating system. The commissioner shall  develop  pursuant  to
  regulations  a  safety  rating system to be used by all school districts
  and boards of cooperative educational services keyed to  the  structural
  integrity  and  overall  safety  of  the building and shall be developed
  using data obtained from the building's annual inspection as required by
  this article. Such safety rating system shall identify  and  assess  the
  condition  of  every  major  system  component  of every school building
  including  interior  structures;  building  systems  such  as   heating,
  ventilation,   plumbing  and  electrical  systems;  exterior  structures
  including but not limited to roofs, masonry, stairs, and  chimneys;  and
  develop  a  system which rates each building component based on at least
  the following factors: overall safety;  structural  integrity;  probable
  useful  life;  need  for  repair  or  replacement; and maintenance. Such
  safety rating shall include mechanisms which  facilitate  more  frequent
  inspections  and  repairs as determined necessary to protect the welfare
  and safety of students and staff residing in such school buildings. This
  information shall  be  used  for  purposes  of  developing  a  buildings
  condition  survey  as  required  pursuant  to 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.
    4. Monitoring system.  The  commissioner  shall  develop  pursuant  to
  regulations  a  monitoring system to oversee the safety of public school
  buildings. Such system shall include but not be limited to the following
  components:
    (a) a process that identifies and provides a comprehensive maintenance
  plan for all major building systems for each school building  to  ensure
  that all buildings are maintained in a state of good repair; and
    (b)   establishment   of   uniform   safety  standards  governing  all
  construction projects. The safety standards shall be designed to promote
  the safety of pupils, staff and other building occupants during  periods
  of  maintenance,  repair,  reconstruction,  construction  or  any  other
  construction-related activity.
    (c) establishment of a process to  monitor  the  condition  of  public
  school  buildings  to provide they are safe and maintained in a state of
  good repair.

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