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 Apr. 27, 2024).
