2019 New York Laws
EDN - Education
Title 1 - General Provisions
Article 9 - School Buildings and Sites
409-E - 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) The commissioner may require  inspections
of public school buildings 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.