§ 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
facilities for student use to be inspected at least annually for fire
hazards which might endanger the lives of students, teachers and
employees therein.

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.

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) Requesting inspection by the fire department of any city, town,
village or fire district in which the building is located.

(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.

(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
designated to make the inspection by the county fire coordinator or such
other officer so performing the powers and duties of a county fire
coordinator, 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 fire department, certified fire inspector or fire
corporation described in subparagraphs one, two, and four 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 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 coordinator refuse a request by a school
authority for such inspection.

c. Regardless of the method or methods used to accomplish the
inspection required by this section, the authority 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 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 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. All such reports
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 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
thereof 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 authorities 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
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 on the school's website or 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. 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
authorities shall 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
identified violations 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. 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
notify, in writing, 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,

(5) the fire inspector, who holds a valid certification, of any city,
town, village or fire district 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, four or five 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. 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
directors, or other governing board in general charge of the operation
of any such school.

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
regulations 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.

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.