S T A T E   O F   N E W   Y O R K
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                                   4495
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed 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
 this section no later than the sixteenth day of December of  every  such
 year.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04062-01-7

 S. 4495                             2
 
   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.
   [d.]  C.  Regardless  of  the method or methods used to accomplish the
 inspection required by this section, the person  making  the  inspection

 S. 4495                             3
 
 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
 and the measures proposed to be  taken  by  the  school  authorities  to
 correct such deficiencies.

 S. 4495                             4

   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,
   (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[.],

 S. 4495                             5
 
   (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
 provided for such fire department or fire company to receive alarms from
 the public so that upon activation of such  internal  fire  alarm,  fire

 S. 4495                             6

 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.