§ 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.