New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter I - Standards and Administrative Policies
Subchapter A - Rules Of The Chief Judge
Part 34 - Guidelines For New York State Court Facilities
Section 34.1 - Maintenance and operation standards for court facilities
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The Chief Administrator of the Courts shall require from each political subdivision seeking reimbursement of (1) maintenance and operations costs pursuant to section 54-j (2) of the State Finance Law or (2) workfare administration and supervision expenses pursuant to section 54-j(2-a) of such law a certification that such political subdivision is in compliance with the maintenance and operation standards set forth below. Failure to comply with such standards may result in the loss of reimbursement for maintenance and operation costs. The Chief Administrator also shall require from each political subdivision seeking reimbursement of workfare administration and supervision expenses (1) a certification that it has complied with the provisions of section 54-j (2-a)(d) of the State Finance Law and (2) itemizations of its workfare administration and supervision expenses for the 12-month period concluding September 30, 1994, and for the period for which reimbursement is sought.
(b) A political subdivision may request exemption from one or more of the cleaning frequency schedules or maintenance routines of the maintenance and operation standards. Such request shall be made in writing to the Chief Administrator and may be granted for good cause shown. Exemptions shall be granted for a period of up to two years and may be renewed, upon written request, in the discretion of the Chief Administrator.
(c) Definitions. For the purpose of this Part, the terms below have the following meanings:
(d) Section I Operation Standards--Cleaning Tasks and Frequency Schedules.
The abbreviations for the frequency standards are:
D = daily
D/2 = twice daily
W = weekly
M/2 = twice monthly
M = monthly
Q = quarterly
S/A = semi-annually
A = annually
A/R = as required/requested
(e) Section II - Maintenance Standards
I SCOPE OF INSPECTION
Facility personnel should perform a complete inspection at least quarterly covering all areas of occupied and unoccupied court space (records storage areas), public areas, grounds, utility systems, equipment and materials storage space.
The primary purpose of the quarterly inspection is to evaluate the physical condition of the facilities and the equipment in order to gain information to establish a progressive maintenance program.
Correction of deficiencies found in the course of the inspection should be limited to emergency and minor items.
II SCHEDULING
The inspection should be scheduled to ensure that each facility will be observed at the most appropriate season, e.g., inspection of lawns and plantings during the growing season and the heating plant just before the heating season.
The structure's interior and envelope can be inspected year round, except for roofs when there is snow. Stagger inspection of the structure throughout the year so that correction of found deficiencies will not fall too far behind inspections.
Inspections of the structure's interior should be completed as far as practicable in one visit.
Mechanical areas and related equipment (pumps, refrigerator units, motors, compressors, heating and air conditioning units should be inspected within reasonable periods of time.
Inspection of items involving health and safety should not be limited to a quarterly basis, but should be made as frequently as necessary to avoid danger to the public and court personnel.
III EXTERIOR
The entire perimeter of a court facility area should be surveyed systematically paying particular attention to the following: (See Section I - Frequency Cleaning Schedules, Table T-1).
Establish a formal program of lawn care using the standards of the New York State Department of Parks. Look for density of grass; relative coverage desirable to undesirable growth; bare spots; adequacy of drainage; degree and quality of maintenance, e.g., mowing, watering and fertilizing.
Look for character of growth; shape and structure; injurious disease and insect infestation; degree and quality of maintenance; e.g., pruning.
Look for cleanliness; failures in the surface and base; settlement; adequacy of drainage facilities; degree and quality of maintenance and condition of expansion joints.
Look for worn out, damaged, or missing parts, lack of paint or other surface covering; degree and quality of maintenance and services; corrosion at the ground line of metal posts; rotting of wood members; jagged or sharp edges of posts; branches and twigs protruding over walked areas and hanging at eye level or other hazardous conditions.
Vehicles and related equipment should be in good mechanical condition, winterized and maintained in accordance with manufacturer's specifications.
Procedures should be developed and standardized to meet climatic conditions and the court facility's needs.
Maintain a visual inspection of the buildings for evidence of cracks, joint sealant failure, breaks, deterioration, settling, etc. Any indication of any structural problem should be brought to the attention of the municipality immediately. The exterior appearance of structures must be maintained at levels which are indicative of good building management practices.
For garage buildings and parking areas, see Sec. I, Frequency Cleaning Schedules T-18.
The maintenance program should be implemented by semi-annual inspections of all roofs.
Examine walls, ceilings, window sashes, trim, doors, closets and other painted surfaces for flaking, peeling, alligatoring, mold markings, wear, discoloration and dirt. Note any cracking, flaking or other damage in plaster or sheetrock covering of walls and ceilings. Inspect windows and door frames for cracking or missing putty and caulking, tightness and drying. Check doors and windows for proper operation.
The right combination of colors can build efficiency in an office as color can complement lighting, thereby relaxing tensions, improving morale and decreasing absenteeism. Colors should not be distracting or disturbing, as this diverts attention from work. Light pastel colors are generally recommended for interior wall surfaces, but it is preferable to use warm colors for rooms which receive little or no sunlight.
Look at floors noting scars, worn areas, broken or loose tile, torn or worn carpet, condition of linoleum; need to vacuum, shampoo, clean and wax; indentation by furniture, evidence of water under floor covering and condition of baseboards or cove molding.
Examine for damaged and worn shades, cords and tapes; defective springs or mechanisms; broken or missing parts; torn, dirty or missing drapes.
If heating is by means of radiators or convectors, check for cleanliness and freedom from lint and dust; see that valves and traps are operative and do not leak water and that convector covers are properly anchored.
Look for any breakage or chipping; easy and complete closing of faucets leakage; proper level of filling in water closet tanks or time flush valves on commodes and urinals; loose cracked or broken toilet seats.
Inspect fuses/circuit breakers to see that they have not been tampered with and are not oversize or overloaded. Check all ceiling lights, switches and outlets for broken cover plates, loose connections, missing screws, etc. Inspect occupant-owned appliances and lamps for any frayed cords, broken plugs, or other potentially hazardous elements, i.e., cords running under carpets or across floor surface.
VELEVATORS AND ESCALATORS
Elevator inspection and maintenance requires the services of highly-trained mechanics; control systems of the new automatic elevators require the services of electronic technicians. The condition of floors and sills at landing should be given particular attention, with shafts and pits to be inspected monthly, by the maintenance contractor or a responsible employee. Accumulation of lint on rails, guides or car frame should be removed at once since it constitutes a fire hazard. The same concerns hold for the accumulation of debris in the pits and behind hoistway doors. All elevator cars should be checked periodically to verify that required inspection certificates are posted and up to date.
Escalators should be checked at the beginning of each day to determine that travel directions are correct and that no hazardous conditions exist. Particular attention should be given to the removable floor panels over the machinery compartments to be sure that no tripping hazards exist.
Escalators should be checked and cleaned each day with particular attention given to handrails, combplates, treads and risers.
A record of accidents which occur on escalators should be maintained. These records should contain all available details pertaining to possible cause and brought to the attention of the escalator manufacturer on a regular basis. A review of accident records may reveal a pattern indicating a need for modification in design or operations.
Inspection of the ducts should be made in the spring and fall. Cooling and heating coils should be cleaned.
The intakes should be checked at time of duct inspection. Accumulated debris should be removed immediately.
Filters should be inspected, replaced or cleaned in accordance with manufacturers recommendations.
The controls for the HVAC, heating and cooling systems should be inspected to ensure proper operation at the beginning of the heating and cooling seasons.
The controls for the HVAC, heating and cooling systems should be calibrated by a qualified professional yearly.
Repairs and replacement of all controls should be done by qualified technical staff.
These should be examined at a minimum of once a year.
Keep machine and equipment rooms painted, clean and free of foreign objects.
All electrical installations must be made in compliance with the National Electrical Code or state and local codes, where applicable.
Fans and fan motors should be inspected at least quarterly and cleaned and lubricated in accordance with the manufacturer's instructions.
Lamps (fluorescent and incandescent) should be cleaned and replaced on a regular basis.
Regular periodic inspections should be carried out to ascertain if any defective or unsafe conditions exist; including, special attention to exterior illumination of buildings, entrance ways, walks and parking areas.
Particular attention should be given to utilizing energy saving fixtures and relamping products.
The emergency lighting and power system is installed to prevent panic and provide maintenance or security in the event of conventional power failure. Emergency systems must be completely dependable by frequent testing.
Scheduled periodic inspections must be made in order to test fire protection equipment. The frequency of these inspections will generally be regulated by either local fire regulations or codes or the requirements of the National Fire Protection and American Insurance Association, whichever is more stringent.
Visual inspection of standpipes, hoses, smoke detectors, sprinkler systems, fire extinguishers and other equipment should be made to assure that they are being maintained, serviced and properly recorded on a timely basis.
Potential or actual fire hazards should be reported as soon as they are discovered.
Certain equipment maintenance and building services are furnished to the court by private vendors who have contracts with the municipality. It is the responsibility of the municipality to see that prearranged schedules for performance of these services are properly observed and that all work is satisfactorily completed with as little interruption to court processes as possible.
Special attention should be given to the careful wording of the performance specifications, the areas of responsibility and the required examination frequency schedule. The contractor should specify in the contract the type of staffing to be used for the work as well as the extent and method of their supervision. A schedule of costs on a unit basis for any additional services which may be required should be furnished by the contractor. The quality of the materials and equipment to be used on the work should be specified. The cost, method of payment and notice of termination of the agreement should be precisely defined.
Localities should have contract compliance and documentation procedures in place to monitor the level of performance, the quality of achievements, safety and other relevant factors.
The following should be incorporated into leases providing space to the Unified Court System:
The contractor shall submit a master employee roster to the local court administrator. If there are any changes in the roster, the contractor will be responsible to submit an up-dated roster immediately.
Each and every employee of the contractor will be required to prominently display an identification badge at all times while on court premises.
The local court administrator has the right to reject and bar from the facility any employee hired by the contractor.
A full time supervisor will be at the facility during the hours custodial work is being performed.
A penalty clause for the contractor's failure to perform the work should be specific as to the court's rights, e.g.
The contractor agrees that in the event any of the services provided for under the terms of this contract, should in any way be omitted or unsatisfactorily performed by the contractor and/or his employees, the court shall so notify the municipality and the contractor in writing of the deficient services for immediate correction. In the event the contractor does not correct the deficient services after receipt of the written notice to correct, the Office of Court Administration (OCA) shall request that the municipality deduct a percentage, based on the work not performed or performed unsatisfactorily as determined by the provider, from the voucher for their services rendered for that contract period. If the contractor continues to omit contracted services and or performs unsatisfactorily, then the court shall notify the municipality and the contractor to correct the neglected or deficient services within five (5) days from the date of the notice. Should the contractor fail to correct the deficient services, OCA will then arrange with the municipality for the work to be done by another contractor and the cost of such work shall be deducted from any monies due or may become due to the contractor.
Water should be potable for drinking purposes and pure from chemical or metallic elements that are injurious to human health, equipment and plumbing system.
Where practicable, localities should install separate water meters for court facilities which will allow for cost identification and establishment of programs for conservation of water.
Lighting fixtures and ceilings should be clean to allow for maximum light reflection.
Consideration should be given to providing separate independent light switches for certain rooms and areas which may result in large electrical savings.
A study should be conducted to evaluate the efficiency of older fixtures.
Maximum use should be made of natural light to help reduce the need for additional electrical illumination. Windows should be regularly cleaned to allow for maximum penetration of natural light to save electrical energy.
Localities should consider using the Power Authority of the State of New York (PASNY) which offers reduced rates to local government.
Heating and air conditioning is an important element in the proper operation of a building by providing a reasonable comfort level of environment to users. In addition to electricity, some facilities use gas or oil for heating which also represents a major cost factor in the operation of facilities.
Energy surveys of buildings should be conducted to identify loss of heated or cooled air and to determine corrective actions. Old leaking windows and doors, broken panes, loose caulking, etc. should be repaired.
Municipalities should consider the possibility of installing separate meters or oil tanks to enable identification of costs related only to court facilities.
