N.Y. Education Law Section 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 § 3641 (Special apportionments and grants-in-aid to school districts)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 § 3602 (Apportionment of public moneys to school districts employing eight or more teachers)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.

Source: Section 409-E — Uniform code of public school buildings inspection, safety rating and monitoring, https://www.­nysenate.­gov/legislation/laws/EDN/409-E (updated Apr. 19, 2019; accessed Dec. 21, 2024).

401
Sites
402
Sale of former schoolhouse or site
402‑A
Procedures for closing a school building
403
Application of proceeds of sale
403‑A
Leasing of school property
403‑B
Leasing of school buildings and facilities
404
Acquisition of real property
405
Conveyance of property to public corporations
406
Vesting of title of lands in certain cases
407
Application to certain districts
407‑A
Authorization for dormitory authority financing of capital facilities for special act school districts
407‑B
Authorization for dormitory authority financing of capital facilities for state-supported schools for blind and deaf students
408
Plans and specifications of school buildings must be approved by commissioner of education
408‑A
Plans and specifications for construction of new school buildings
408‑B
Submitting plans and specifications of school buildings with local fire and law enforcement officials
409
School building regulations in relation to health and safety
409‑A
Eye safety devices for certain students and teachers
409‑B
Use of mercury vapor or metal halide lamps within school buildings
409‑C
Athletic safety equipment
409‑D
Comprehensive public school building safety program
409‑E
Uniform code of public school buildings inspection, safety rating and monitoring
409‑F
Electrically operated partition and door safety
409‑G
Purchase and use of paradichlorobenzene deodorizers
409‑H
Requirements for notification of pesticide applications
409‑I
Procurement and use of environmentally-sensitive cleaning and maintenance products
409‑J
Emergency alert notification system in public schools
409‑K
Pesticide alternatives
409‑L
Posting child abuse hotline telephone number
409‑M
Gender neutral single-occupancy bathroom facilities
410
Officials not to be interested in sales, leases or contracts
412
Condemnation of schoolhouse and erection of new schoolhouse in place thereof
413
Use of school buildings for examinations
414
Use of schoolhouse and grounds
415
No schoolhouse shall be built on town line
416
School taxes and school bonds
417
Allocation of moneys by regents for extraordinary relief to school districts
418
Purchase and display of flag
419
Display of flags in assembly rooms
419‑A
Display of flags in classrooms
420
Rules and regulations

Accessed:
Dec. 21, 2024

Last modified:
Apr. 19, 2019

§ 409-E’s source at nysenate​.gov

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