§ 156-e. College fire safety. 1. Notwithstanding the provisions of any
law to the contrary, the office of fire prevention and control of the
division of homeland security and emergency services, by and through the
state fire administrator or their duly authorized officers and
employees, shall have the responsibility to annually inspect buildings
under the jurisdiction of public colleges and independent colleges, as
these terms are defined in section eight hundred seven-b of the
education law, for compliance with and violations of the uniform fire
prevention and building code; or any other applicable code, rule or
regulation pertaining to fire safety. Buildings subject to inspection
are all buildings under the jurisdiction of such colleges used for
classroom, dormitory, fraternity, sorority, laboratory, physical
education, dining, recreational or other purposes.

2. a. The office of fire prevention and control shall have the power
to issue a notice of violation and orders requiring the remedying of any
condition found to exist in, on or about any such building which
violates the uniform fire prevention and building code, or any other
code, rule or regulation pertaining to fire safety, fire safety
equipment and fire safety devices. Such office is further authorized to
promulgate regulations regarding the issuance of violations, compliance
with orders, and providing for time for compliance, reinspection
procedures, and issuance of certificates of conformance.

b. Where any college authority in general charge of the operation of
any public or independent college buildings is served personally or by
registered or certified mail with an order of the office of fire
prevention and control to remedy any violation and fails to comply with
such order immediately or within such other time as specified in the
order, the office of fire prevention and control may avail itself of any
or all of the following remedies: (1) assess a civil penalty of up to
five hundred dollars per day until the violation is corrected; (2) order
immediate closure of the building, buildings or parts thereof where a
violation exists that poses an imminent threat to public health and
safety; (3) refer violations to the appropriate local government
authorities for enforcement pursuant to article eighteen of this
chapter.

c. The office of fire prevention and control is authorized to commence
necessary proceedings in a court of competent jurisdiction seeking
enforcement of any of its orders and payment of assessed penalties.

3. a. Except as provided herein, any county, city, town or village,
pursuant to resolution of their respective legislative bodies, may apply
to the office of fire prevention and control for delegation of all or
part of the duties, rights and powers conferred upon the office of fire
prevention and control by this section and section eight hundred seven-b
of the education law. Upon acceptable demonstration of adequate
capability, resources and commitment on the part of the applicant local
government, the office of fire prevention and control may make such
delegation, in which case the local government shall also have all of
the rights, duties and powers provided to local governments in article
eighteen of this chapter and in any city charter or code. The authority
granted in this section to assess civil penalties and order closure of
buildings shall not be delegated to the local government. Such powers
shall continue in the office of fire prevention and control which may
exercise them in the case of violations, on its own volition or at the
request of the delegee local government. The delegation shall expire
after three years, and may be renewed at the discretion of the office of
fire prevention and control. All inspection reports conducted pursuant
to a delegation of authority shall be promptly filed with the office of
fire prevention and control. In the event any such report is not filed
or reasonable grounds exist to believe that inspections or enforcement
are inadequate or ineffective, the office of fire prevention and control
may revoke the delegation or continue it subject to terms and conditions
specified by the office of fire prevention and control.

b. The authorities in a city having a population of one million or
more shall exercise all of the rights, powers and duties pertaining to
inspection of independent and public college buildings and enforcement
provided in this section and section eight hundred seven-b of the
education law, without impairing any existing authority of such city. A
copy of all inspection reports shall be filed with the office of fire
prevention and control by the authorities conducting inspections.