Current through Register Vol. 46, No. 39, September 25, 2024
(a) All plans, specifications and work
regarding the erection, enlargement, repair, replacement, maintenance or
remodeling of occupied facilities of school districts and of boards of
cooperative educational services shall comply with the Uniform Safety Standards
for School Construction and Maintenance Projects as set forth in section
155.5 of this Part. Such uniform
safety standards shall include but not be limited to: pre-construction testing
and planning, exiting and ventilation, pre-construction notification, asbestos
and lead protocols, control of dust, gases and fumes, protection from falling
debris, and general safety and security.
(b) Plans and specifications for the
erection, enlargement, repair or remodeling of facilities of school districts,
other than in city school districts in cities having one million inhabitants or
more, and of boards of cooperative educational services, shall be submitted to
the commissioner when the contemplated construction costs of such work are
$10,000[FN1]or more, and for all projects affecting the health and safety of
pupils.
(1) Documentation in such quantity
and format as prescribed by the commissioner, including plans and
specifications, addenda and change orders, shall be submitted to the
commissioner for approval in accordance with procedures set forth by the
commissioner. When approved, such documentation shall be retained by the
department. A commissioner's approval letter referencing such documentation
shall be sent to school authorities. School authorities shall maintain approved
documentation, including copies of approved plans and specifications, addenda,
change orders, and the associated commissioner's approval letter, for permanent
filing.
(i) Plans and specifications shall
conform to the State Uniform Fire Prevention and Building Code (19 NYCRR Parts
1219 through 1229, the State Energy Conservation Construction Code (19 NYCRR
Part 1240) and to this Part, and shall show in detail requirements of design
and construction, space layout, circulation and exiting facilities, smoke and
fire control, accident protection, visual and thermal environment and related
electrical and mechanical work, and sanitation and related plumbing work which
ensure the health, safety and comfort of occupants of the facility.
(ii) Materials, equipment and types of
construction which may endanger the health, safety and comfort of occupants
shall not be used.
(iii)
Construction materials, details and workmanship shall conform to generally
accepted standards as determined by the commissioner.
(iv) Specifications for construction shall
allow for equivalencies and shall not require the base bid to be based only on
the materials or products specified.
(v) Specifications for construction shall
require that contractors or suppliers furnishing mechanical equipment shall
instruct the governing body of the school district or board of cooperative
educational services or its representative in the proper operation and service
of all such equipment at the time of completion and before acceptance of the
building by such governing body.
(vi) Should accounting, tabulation or
computer equipment be requested as original equipment, the plans and
specifications shall conspicuously identify the areas or spaces for the
installation of such equipment. Such plans and specifications shall contain a
description of the equipment, its estimated costs, the need for and purpose of
such equipment, a description of the space required to house the equipment,
including the proposed pupil capacity of such space, and a description of the
integral relationship between the construction work and the equipment. Such
equipment shall not be approved for purposes of building aid computed pursuant
to section
3602
(6) of the Education Law, when located
outside the constructed or reconstructed space or when not shown to have a
direct integral relationship to the construction work.
(2) Plans and specifications for portions of
facilities which require approval by other departments of the State shall be
approved by the appropriate agencies having jurisdiction as a condition of
commissioner's approval of plans and specifications of a facility. All plans
and specifications for the creation of new instructional space must be
accompanied by commissioner approval, on a form prescribed by the commissioner,
that ensures that such plans and specifications are consistent with the needs
of participating students with disabilities for placement in the least
restrictive environment and for the stability and continuity of their program
placements.
(3) Decisions regarding
compliance of plans and specifications with this section shall be determined by
the commissioner.
(4) Plans and
specifications submitted to the commissioner shall bear the signature and seal
of an architect or engineer licensed to practice in the State of New York. The
architect or engineer who sealed the plans and specifications shall also
certify that the plans and specifications conform to the standards set forth in
the State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219
through 1229) and the State Energy Conservation Construction Code (19 NYCRR
Part 1240).
(5) Upon approval of
plans and specifications, the commissioner will issue a building permit subject
to the following qualifications:
(i) During
construction, the project shall be properly supervised by a licensed architect
or engineer.
(ii) The building
permit may be revoked by the commissioner in the event of violations of the
State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219 through
1229, the State Energy Conservation Construction Code (19 NYCRR Part 1240),
requirements imposed by other departments of the State, this Part or other
safety standards imposed by law or regulation.
(6) Following completion of the project or a
substantial portion thereof, the architect or engineer shall certify to the
commissioner that the project was completed in conformance to the State Uniform
Fire Prevention and Building Code (19 NYCRR Parts 1219 through 1229), the State
Energy Conservation Construction Code (19 NYCRR Part 1240), this Part, and
plans and specifications for the project which were previously approved by the
commissioner.
(c) For
remodeling or construction projects costing $5,000 or more, the governing body
of a school district or a board of cooperative educational services shall
assure compliance with the requirements of the State Uniform Fire Prevention
and Building Code (19 NYCRR Parts 1219 through 1229, the State Energy
Conservation Construction Code (19 NYCRR Part 1240), and of this Part, and
shall retain the services of an architect or engineer licensed to practice in
New York State.
(d) For remodeling
or construction projects costing less than $5,000, the governing body of a
school district or a board of cooperative educational services shall assure
compliance with the requirements of the State Uniform Fire Prevention and
Building Code (19 NYCRR Parts 1219 through 1229, the State Energy Conservation
Construction Code (19 NYCRR Part 1240), and of this Part.
(e)
(1) For
each project for which a certificate of substantial completion is issued on or
after April 1, 1995 and for projects approved by the Commissioner on or before
July 1, 2011, and for all other eligible school construction projects as
defined in Education Law § 3602(6-f)(b), all school districts, including a
city school district having one million inhabitants or more and all boards of
cooperative educational services, shall submit to the Commissioner a final cost
report for the project by June 30 of the school year in which the certificate
of substantial completion of the project is issued by the architect or
engineer, or six months after issuance of such certificate, whichever is later.
For projects for which a certificate of substantial completion is issued prior
to April 1, 1995, the deadline for submission of a final cost report for the
project shall be October 1, 1995.
The commissioner may grant one or more extensions of the
applicable deadline for submission of a final cost report pursuant to this
section, upon a finding that the district is unable to complete the final cost
report by the prescribed date because of circumstances beyond the control of
the district. Each extension may be granted for a period of up to one
year.
(2) For all projects
other than those described in paragraph (1) of this subdivision all school
districts, including a city school district having one million inhabitants or
more and all boards of cooperative educational services shall submit to the
Commissioner a final cost report for the project.
