2006 New York Code - Fire Inspections.

 
    § 807-a. Fire  inspections.  1.  It  shall  be  the duty of the school
  authorities in general charge of the operation of any public or  private
  school  to  cause  the  buildings  of  such school containing classroom,
  dormitory,  laboratory,  physical  education,  dining  or   recreational
  facilities  for  student  use to be inspected at least annually for fire
  hazards which  might  endanger  the  lives  of  students,  teachers  and
  employees therein.
    2.  The annual fire inspection shall be made prior to the first day of
  December of every school year and the report thereof shall be  filed  by
  the  school  authorities  in  the places required by subdivision five of
  this section no later than the sixteenth day of December of  every  such
  year.
    3.  a. The school authorities shall cause any fire inspection pursuant
  to this section to be made by one  of  the  following  methods,  or  any
  combination of such methods:
    (1)  Employing,  either  regularly  or  specially, persons who, in the
  judgment of the school  authorities,  are  qualified  to  make  such  an
  inspection, or any phase thereof.
    (2)  Contracting  for  the  making  of  such inspections, or any phase
  thereof, by persons who, in the judgment of the school authorities,  are
  qualified.
    (3)  Requesting  inspection  by the fire department of any city, town,
  village or fire district in which the building is located.
    (4) Requesting inspection by a fire corporation which  is  subject  to
  the  provisions  of  section  fourteen hundred two of the not-for-profit
  corporation law, if such building is located within the  area  described
  in the certificate of incorporation of any such corporation.
    (5)  Requesting  inspection  by  the  county  fire coordinator, or the
  officer performing the powers and duties of a  county  fire  coordinator
  pursuant to a local law, of the county in which the building is located,
  or by any deputy county fire coordinator or deputy of such other officer
  so  performing  the  powers  and  duties  of  a  county fire coordinator
  designated to make the inspection by the county fire coordinator or such
  other officer so performing the powers  and  duties  of  a  county  fire
  coordinator,  if  the building is located outside a city, town, village,
  or fire district, which has its own fire department and outside the area
  described in the certificate of incorporation of  any  fire  corporation
  which  is  subject  to the provisions of section fourteen hundred two of
  the not-for-profit corporation law.
    b. If any such inspection, or phase thereof, is to be made  by  either
  of  the methods specified in subparagraphs (1) and (2) of paragraph a of
  this subdivision, the school authorities shall give reasonable notice of
  the date and time such inspection is to be made to the chief,  or  other
  comparable  officer,  of any fire department, or fire corporation, which
  has the regular duty of fighting fire in the building to  be  inspected.
  Such  officer,  or  any  subordinate  designated  by him, may be present
  during the inspection and may also file a report of  inspection  in  the
  manner provided in this section.
    c.   If   any   fire  department  or  fire  corporation  described  in
  subparagraphs (3) and (4) of paragraph a of this subdivision shall  fail
  or refuse to make a fire inspection promptly after having been requested
  to  do  so by the school authorities, the school authorities may request
  the county fire coordinator, or the officer performing  the  powers  and
  duties  of  a  county  fire  coordinator pursuant to a local law, of the
  county in which the building is located  to  make  such  inspection.  It
  shall  be the duty of the county fire coordinator, or such other officer
  so performing the powers and duties of a  county  fire  coordinator,  in
  such  case  to  make  such inspection or cause it to be made by a deputy
  whom he shall designate.
    d.  Regardless  of  the  method  or  methods  used  to  accomplish the
  inspection required by this section, the person  making  the  inspection
  shall  file the report thereof with the school authorities no later than
  the first day of December.
    4. The state fire administrator shall prescribe the form of  the  fire
  inspection  report  and  the  commissioner  of education shall furnish a
  supply of such form to school authorities. In prescribing such form  the
  state  fire  administrator  shall consider standards for fire safety set
  forth in the  state  building  construction  code,  the  state  building
  conservation   and   fire   prevention  code,  the  regulations  of  the
  commissioner of education and other safety standards.
    5. a. The report of any fire inspection shall be filed in  the  office
  of  the  school  authorities and with the commissioner of education. All
  such reports so filed in any public  office  shall  be  kept  as  public
  records  for  at  least  three  years  after  which  period  they may be
  destroyed.
    b. Within twenty days after the filing of the report with  the  school
  authorities,  the  school  authorities  shall cause public notice of the
  filing of such report to be given in substantially the  following  form:
  "Notice  is  hereby  given that the annual inspection for      (year) of
  the                      school         building         (or          of
  the        and        school  buildings)  of (name of school district or
  private school) for fire hazards  which  might  endanger  the  lives  of
  students,  teachers  and  employees  therein, has been completed and the
  report thereof is available at the office of (school district or private
  school) at        for inspection by  all  interested  persons".  If  the
  inspection  was  not  made  for  the  school  authorities  by  the  fire
  department or fire  company  responsible  for  fire  protection  of  the
  building,  such  authorities  shall  cause  a  copy of such notice to be
  mailed to the chief of such fire department or company.
    c. The school authorities of public schools shall cause such notice to
  be published at least once in the official newspaper, or if there is  no
  official  newspaper,  in  a  newspaper having general circulation in the
  school district, and if there is no newspaper having general circulation
  in the district, shall cause such notice to be posted in ten conspicuous
  places in the district. Proof of publication or posting of  such  notice
  and  of  the mailing of a copy of such notice to the fire chief shall be
  filed in the office of the district.
    d. The school authorities of private schools shall cause  such  notice
  to  be published at least once in a newspaper having general circulation
  in the postal area in which the school building is located, and if there
  is no newspaper having general circulation in such  postal  area,  shall
  cause  such notice to be posted in ten conspicuous places in such postal
  area.  Proof of posting or publication of such notice and of the mailing
  of a copy of such notice to the fire chief shall be filed in the  school
  office.
    e.   If   the  report  shows  any  alleged  deficiencies,  the  school
  authorities shall give at least five days notice by mail to the chief of
  the fire department or fire company responsible for fire  protection  of
  the  school building of the date and place of a meeting of the trustees,
  board of education, or corresponding officers by whatever name known, to
  be held within thirty days following the publication or posting required
  by this section, and shall at such meeting confer with  the  fire  chief
  concerning  the  alleged deficiencies appearing on the inspection report
  and the measures proposed to be  taken  by  the  school  authorities  to
  correct such deficiencies.
    f.  In  each  such  school  district  subject to the jurisdiction of a
  district superintendent under the provisions of  article  forty-five  of
  the education law, such district superintendent shall ascertain that the
  notices  required by this subdivision have been published or posted, and
  mailed,  and  any  conference  with  the  fire  chief  required  by this
  subdivision has been had.
    6. It shall be the duty of the commissioner of education to  ascertain
  annually  whether  the  inspections of school buildings required by this
  section have been made and the reports of the inspection have been filed
  in their respective offices. The commissioner of education shall  review
  the  reports  of  inspection filed pursuant to this section and may make
  recommendations to the school authorities with respect to  any  problems
  relating  to  school fire safety noted in such reports. The commissioner
  of education may inspect or cause to be inspected at any reasonable time
  for fire prevention and fire protection purposes  the  school  buildings
  required to be inspected by this section.
    7.  a.  Every  public  or  private  school required to be inspected as
  hereinabove provided may be  inspected  for  fire  prevention  and  fire
  protection purposes at any reasonable time by:
    (1)  the  chief  of  the fire department of the city, town, village or
  fire district in which the school is located,
    (2) the chief of a fire corporation having its headquarters outside  a
  village or fire district, if the school is located in the area described
  in the certificate of incorporation of such company,
    (3)  the  chief  of the fire department or fire company affording fire
  protection to a fire district, fire protection district, or  fire  alarm
  district  pursuant  to  a contract, if the school is located in any such
  district,
    (4) the member of any  fire  department  or  fire  company  listed  in
  subparagraph  one,  two or three of this paragraph assigned by the chief
  thereof the duty of inspecting school buildings.
    b. In no event shall the school authorities of any public  or  private
  school,  required to be inspected as hereinabove provided, refuse access
  at any reasonable time to any person  described  in  subparagraphs  one,
  two,  three and four of paragraph a of this subdivision, who appears for
  the purpose of conducting an inspection  for  fire  prevention  or  fire
  protection  purposes;  provided,  however, that the administrator or the
  designee of the administrator of the school to  be  inspected  shall  be
  given the opportunity to be present during the inspection.
    8.  Any  person, or any public or other corporation for which any such
  person acts, shall not be liable for any  error,  omission  or  lack  of
  thoroughness  in  the  making  of  the inspection and report required or
  permitted by this section.
    9. The term "school authorities", as used in this section,  means,  in
  relation  to  public  schools,  the  trustees, or board of education, or
  corresponding officers, whether one or more, and by whatever name  known
  of a city school district, or other school district however created, or,
  in  relation  to  private  schools,  the  board  of  trustees,  board of
  directors, or other governing board in general charge of  the  operation
  of any such school.
    10. The term "private school", as used in this section, means:
    a.  Any  nursery school or kindergarten attended by six or more pupils
  three years of age or older which may apply for registration by the  New
  York state education department pursuant to part one hundred twenty-five
  of  title  eight  of  the  official  compilation  of  codes,  rules  and
  regulations of the state of  New  York;  provided,  however,  that  this
  section shall not apply to day care facilities possessing a valid permit
  as  required by section three hundred ninety of the social services law;
  or
    b.  Any  establishment,  other  than  a  public  school,  attended  by
  twenty-five or more pupils for the purpose of receiving the  instruction
  of  academic grade at the elementary or secondary level required by part
  one of article sixty-five of this chapter.
    11. This section shall not apply to  the  school  authorities  in  the
  cities  of  New  York,  Buffalo,  Rochester,  Syracuse and Yonkers or to
  colleges and universities.