2006 New York Code - College Fire Safety.

 
    § 156-e. College fire safety. 1. Notwithstanding the provisions of any
  law  to  the contrary, the office of fire prevention and control, by and
  through the state fire administrator or their duly  authorized  officers
  and  employees,  shall  have  the  responsibility  to  annually  inspect
  buildings under the jurisdiction  of  public  colleges  and  independent
  colleges, as these terms are defined in section eight hundred seven-b of
  the  education  law,  for  compliance with and violations of the uniform
  fire prevention and building code; or any other applicable code, rule or
  regulation pertaining to fire safety. Buildings  subject  to  inspection
  are  all  buildings  under  the  jurisdiction  of such colleges used for
  classroom,  dormitory,  fraternity,   sorority,   laboratory,   physical
  education, dining, recreational or other purposes.
    2.  a.  The office of fire prevention and control shall have the power
  to issue a notice of violation and orders requiring the remedying of any
  condition found to exist  in,  on  or  about  any  such  building  which
  violates  the  uniform  fire  prevention and building code, or any other
  code,  rule  or  regulation  pertaining  to  fire  safety,  fire  safety
  equipment  and fire safety devices. Such office is further authorized to
  promulgate regulations regarding the issuance of violations,  compliance
  with  orders,  and  providing  for  time  for  compliance,  reinspection
  procedures, and issuance of certificates of conformance.
    b. Where any college authority in general charge of the  operation  of
  any  public  or independent college buildings is served personally or by
  registered or certified mail  with  an  order  of  the  office  of  fire
  prevention  and control to remedy any violation and fails to comply with
  such order immediately or within such other time  as  specified  in  the
  order, the office of fire prevention and control may avail itself of any
  or  all  of  the following remedies: (1) assess a civil penalty of up to
  five hundred dollars per day until the violation is corrected; (2) order
  immediate closure of the building, buildings or parts  thereof  where  a
  violation  exists  that  poses  an  imminent threat to public health and
  safety; (3) exercise all of the authority conferred upon  the  secretary
  of  state  pursuant  to  article  eighteen  of  this  chapter  to obtain
  compliance with its orders; or (4) refer violations to  the  appropriate
  local   government  authorities  for  enforcement  pursuant  to  article
  eighteen of this chapter.
    c. The office of fire  prevention  and  control  by  and  through  the
  secretary  of state is authorized to commence necessary proceedings in a
  court of competent jurisdiction seeking enforcement of any of its orders
  and payment of assessed penalties.
    3. a. Except as provided herein, any county, city,  town  or  village,
  pursuant to resolution of their respective legislative bodies, may apply
  to  the  office  of fire prevention and control for delegation of all or
  part of the duties, rights and powers conferred upon the office of  fire
  prevention and control by this section and section eight hundred seven-b
  of   the  education  law.  Upon  acceptable  demonstration  of  adequate
  capability, resources and commitment on the part of the applicant  local
  government,  the  office  of  fire  prevention and control may make such
  delegation, in which case the local government shall also  have  all  of
  the  rights,  duties and powers provided to local governments in article
  eighteen of this chapter and in any city charter or code. The  authority
  granted  in  this  section  to  assess civil penalties, order closure of
  buildings and take action possessed by  the  secretary  of  state  under
  article  eighteen  of  this chapter, shall not be delegated to the local
  government. Such powers shall continue in the office of fire  prevention
  and  control  which  may exercise them in the case of violations, on its
  own volition or at the request of  the  delegee  local  government.  The
  delegation  shall  expire  after  three years, and may be renewed at the
  discretion of the office of fire prevention and control. All  inspection
  reports  conducted  pursuant  to  a  delegation  of  authority  shall be
  promptly filed with the office of fire prevention and  control.  In  the
  event  any  such  report  is  not  filed  or reasonable grounds exist to
  believe that inspections or enforcement are inadequate  or  ineffective,
  the  office  of fire prevention and control may revoke the delegation or
  continue it subject to terms and conditions specified by the  office  of
  fire prevention and control.
    b.  The  authorities  in  a city having a population of one million or
  more shall exercise all of the rights, powers and duties  pertaining  to
  inspection  of  independent and public college buildings and enforcement
  provided in this section  and  section  eight  hundred  seven-b  of  the
  education  law, without impairing any existing authority of such city. A
  copy of all inspection reports shall be filed with the  office  of  fire
  prevention and control by the authorities conducting inspections.