S T A T E O F N E W Y O R K
________________________________________________________________________
4663
2019-2020 Regular Sessions
I N S E N A T E
March 20, 2019
___________
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.
LBD01579-01-9
S. 4663 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 SHALL 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 AUTHORITY FOR SUCH INSPECTION.
[d.] C. Regardless of the method or methods used to accomplish the
inspection required by this section, the [person] AUTHORITY making the
S. 4663 3
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 safe-
ty 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 IS FILED 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 ON THE SCHOOL'S WEBSITE OR 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. Proof of publica-
tion 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 ON THE SCHOOL'S WEBSITE OR at least once in a newspaper
having general circulation in the postal area in which the school build-
ing 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. 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. 4663 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. IF A PRIVATE SCHOOL EITHER REFUSES ACCESS FOR AN INSPECTION
PURSUANT TO THIS PARAGRAPH, OR DOES NOT CORRECT VIOLATIONS IDENTIFIED IN
SUCH REPORT IN A TIMELY MANNER, THE COMMISSIONER SHALL IMMEDIATELY NOTI-
FY, IN WRITING, THE LOCAL GOVERNMENT WHO ISSUES THE CERTIFICATE OF OCCU-
PANCY 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[.],
(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.
S. 4663 5
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
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.
