2010 New York Code
EXC - Executive
Article 6-C - (155 - 159-C-1) OFFICE OF FIRE PREVENTION AND CONTROL
156-E - 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 of the
  division of homeland security and emergency services, 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)  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 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 and order  closure  of
  buildings  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.

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