S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2985
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. ZEBROWSKI, JAFFEE, GOTTFRIED, THIELE, ROSENTHAL,
   COOK, GALEF, DICKENS, MONTESANO, RAIA -- Multi-Sponsored by --  M.  of
   A.  B. MILLER,  SIMON  --  read  once and referred to the Committee on
   Education
 
 AN ACT to amend the education law, in relation to  fire  inspections  of
   public and private schools

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 807-a of the education law, as added by chapter 871
 of the laws of 1955, subdivision 1 as  amended  and  subdivision  10  as
 added  by  chapter  981  of  the  laws  of 1963, subdivisions 2 and 3 as
 amended by chapter 607 of the laws of 1964, subparagraphs  4  and  5  of
 paragraph  a  of  subdivision  3  and  paragraph  a of subdivision 10 as
 amended by chapter 284 of the laws of 1971, paragraph b of subdivision 3
 as amended by chapter 511 of the laws of 1974, subdivision 4 as  amended
 by  chapter 225 of the laws of 1979, subdivision 5 as amended by chapter
 700 of the laws of 1971, paragraph a of  subdivision  5  as  amended  by
 chapter 464 of the laws of 1975, subdivision 6 as amended by chapter 165
 of the laws of 2006, subdivision 7 as amended by chapter 536 of the laws
 of  1981,  and  subdivision  11 as amended by chapter 380 of the laws of
 1976, is amended to read as follows:
   § 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 facil-
 ities for student use to be inspected at least annually for fire hazards
 which might endanger the lives of students, teachers and employees ther-
 ein.
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04062-01-7

 A. 2985                             2
 
 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 ther-
 eof,  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)] (2) 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)] (3) 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  desig-
 nated  to  make  the  inspection  by the county fire coordinator or such
 other officer so performing the powers and duties of a county fire coor-
 dinator, 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.
   (4) REQUESTING INSPECTION BY A  FIRE  INSPECTOR,  WHO  HOLDS  A  VALID
 CERTIFICATION.
   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, CERTIFIED FIRE INSPECTOR  or  fire  corpo-
 ration  described in subparagraphs [(3)] (1), (2) 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  REQUEST  MUST  BE  DENIED IN WRITING TO 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 offi-
 cer 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] WITH AN EXPLANATION OF  WHY  SUCH  REQUEST  WAS
 DENIED. IN NO EVENT MAY AN AUTHORITY WHO IS OTHERWISE REQUIRED BY LAW TO
 CONDUCT FIRE INSPECTIONS IN SUCH MUNICIPALITY OR A COUNTY FIRE COORDINA-
 TOR REFUSE A REQUEST BY A SCHOOL ADMINISTRATOR FOR SUCH INSPECTION.

 A. 2985                             3
 
   [d.]  C.  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 ANNUALLY, EITHER BY MAIL OR
 ELECTRONICALLY.  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 there-
 of  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  authori-
 ties  shall  cause  a copy of such notice to be mailed OR ELECTRONICALLY
 TRANSMITTED 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 OR MAY BE POSTED ON THE SCHOOL'S WEBSITE.   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, OR MAY BE POSTED ON THE SCHOOL'S WEBSITE.   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  authori-
 ties  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

 A. 2985                             4

 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 subdivi-
 sion has been had] PROVIDE THE DETAILS  OF  SUCH  DEFICIENCIES  AND  THE
 PROPOSED  ACTIONS  TO BE TAKEN TO CORRECT SUCH DEFICIENCIES TO THE LOCAL
 GOVERNMENT THAT ADMINISTERS AND ENFORCES THE UNIFORM FIRE PREVENTION AND
 BUILDING CODE FOR THE MUNICIPALITY IN WHICH THE BUILDING IS LOCATED.
   6. A. It shall be the duty of the commissioner 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 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 shall require
 a re-inspection of school buildings where a report of inspection identi-
 fied violations [that, if uncorrected, would cause  the  department  to]
 UNTIL  IT  IS  DEMONSTRATED TO THE SATISFACTION OF THE COMMISSIONER THAT
 SAID VIOLATIONS HAVE BEEN CORRECTED. IN THE EVENT THAT A  PUBLIC  SCHOOL
 FAILS  TO CORRECT VIOLATIONS FOLLOWING A RE-INSPECTION, THE COMMISSIONER
 MAY deny an annual certificate of occupancy to  such  school  building[,
 and  shall require additional re-inspections until it is demonstrated to
 the satisfaction of the commissioner  that  said  violations  have  been
 corrected]. The commissioner 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.
   B. IN THE EVENT A PRIVATE SCHOOL HAS FAILED TO  FILE  AN  ANNUAL  FIRE
 SAFETY REPORT WITH THE DEPARTMENT WITHIN NINETY DAYS OF THE SIXTEENTH OF
 DECEMBER, THE COMMISSIONER SHALL INSPECT OR REQUEST AN APPROPRIATE LOCAL
 AUTHORITY,  DESCRIBED  IN  SUBDIVISION SEVEN OF THIS SECTION, TO INSPECT
 THE  SCHOOL.  THE  COMMISSIONER  SHALL  WITHHOLD  ANY  APPORTIONMENT  OF
 MANDATED  SERVICES  AID  INCLUDING  REIMBURSEMENT  FOR THE COMPREHENSIVE
 ATTENDANCE POLICY, TO ANY PRIVATE SCHOOL WHICH HAS EITHER REFUSED ACCESS
 FOR AN INSPECTION PURSUANT TO THIS PARAGRAPH, OR WHICH HAS NOT CORRECTED
 VIOLATIONS IDENTIFIED IN SUCH REPORT IN A TIMELY MANNER. NO SUCH  APPOR-
 TIONMENT  SHALL  BE  RELEASED UNTIL THE COMMISSIONER HAS DETERMINED THAT
 THE PRIVATE SCHOOL HAS FULLY COMPLIED WITH THIS  SUBDIVISION.  IN  ADDI-
 TION,  THE  COMMISSIONER MAY NOTIFY THE LOCAL GOVERNMENT, WHO ISSUES THE
 CERTIFICATE OF OCCUPANCY FOR THE SCHOOL, OF THEIR FAILURE TO FILE A FIRE
 SAFETY REPORT.
   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,

 A. 2985                             5
 
   (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[.],
   (5)  THE FIRE INSPECTOR, WHO HOLDS A VALID CERTIFICATION, OF ANY CITY,
 TOWN, VILLAGE OR FIRE DISTRICT IN WHICH THE BUILDING IS LOCATED,
   (6) 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.
   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, FIVE OR SIX 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  direc-
 tors, or other governing board in general charge of the operation of any
 such school.
   [10.] 9. 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 regu-
 lations 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.] 10. 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.
   § 2. Subdivision 1 of section 807-c of the education law,  as  amended
 by chapter 1015 of the laws of 1974, is amended to read as follows:
   1.  The  school  authorities designated in subdivision [nine] EIGHT of
 section eight hundred seven-a of this [chapter] ARTICLE in charge of the
 operation of any public school or of any private  school  designated  in
 subdivision  [ten] NINE of such section, located in an area within which
 a fire department or fire company is responsible for fire protection and
 within which there is no electrically or  electronically  operated  fire
 alarm  reporting  system  provided for public use may cause the internal
 fire alarm, fire detection, or fire extinguishing system of each  build-
 ing  in  which  is  contained classroom, dormitory, laboratory, physical
 education, dining or recreational  facilities  for  student  use  to  be
 interconnected with the fire alarm reporting location or system which is

 A. 2985                             6

 provided for such fire department or fire company to receive alarms from
 the  public  so  that  upon activation of such internal fire alarm, fire
 detection, or fire extinguishing system a signal will  be  automatically
 transmitted to such fire alarm reporting location or system.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.