Current through Register Vol. 46, No. 39, September 25, 2024
(a) Purpose. The
purpose of this subdivision is to establish standards pursuant to Education
Law, section 409-f, relating to the construction, maintenance and operation of
electrically operated partitions located in classrooms or other facilities used
by students in public and nonpublic schools or educational institutions within
the State.
(b) Definitions. As used
in this section, electrically operated partition means any partition, room
divider, curtain or other similar device which is controlled through the
operation of an electrical motor.
(c) Minimum construction, maintenance and
operation standards for electrically operated partitions. Except as provided in
paragraph (4) of this subdivision, commencing December 31, 2002, the board of
education, trustees, principal or other person in charge of every public or
private school or educational institution within the State, wherein classrooms
or other facilities used by students are found to have electrically operated
partitions, shall ensure that:
(1) every
electrically operated partition is equipped with two key-operated,
tamper-proof, constant pressure control stations that are wired in series,
remotely located at opposite ends and opposite sides of, and in view of, the
partition, and which are designed and constructed so as to require simultaneous
activation of both control stations to operate the partition;
(2) the electric device controlling the
operation of the partition is capable of being reversed at any point in the
extend or stack travel cycle; and
(3) device(s) are provided for all partitions
that will stop the forward or backward motion of the partition and stop the
stacking motion of the partition when a body or object passes between the
leading panel of such partition and a wall or other termination point, or when
a body or object is in the stacking area of such partition;
(4) a board of education, trustees, principal
or other person in charge of a public or private school or educational
institution within the State shall be excused from compliance with the
provisions of this subdivision for the period December 31, 2002 through June 1,
2003, upon submission to the commissioner of a written certification, in a form
prescribed by the commissioner, certifying that such school or institution is
unable to fully comply with the provisions of Education Law, section 409-f, as
amended by chapter 217 of the Laws of 2001, and that such school or institution
shall follow the procedures set forth in paragraph (d)(5) of this section until
such time as compliance is achieved.
(d) Safety requirements and operation
guidelines for electrically operated partitions. The board of education,
trustees, principal or other person in charge of every public and private
school or educational institution within the State shall ensure that:
(1) appropriate and conspicuous notice
regarding the safe and proper operation and supervision of the electrical
device operating such partition shall be posted in the immediate vicinity of
each operating mechanism, on both sides of the separation and adjacent to the
operating mechanism;
(2) a
procedure is established for the notification of all school employees and all
other persons who regularly make use of the area where such device is located
of the safe and proper procedure for the operation of the mechanism. Staff
shall be apprised of safety features and trained in the safe operation of the
partition. In addition, such training shall include discussion of past
accidents and the potential and possibility of serious injury or death, and
information regarding the administrative and civil penalties and accountability
for non-compliance with legal requirements, including the penalties for
disabling safety equipment required pursuant to Education Law, section 409-f.
Records shall be maintained regarding the training provided;
(3) students shall not be permitted to
operate such partition. Any students present while the partition is being
operated shall be under the direct supervision of trained staff and shall be
required to stand away from and not be allowed to cross the path of the moving
partition;
(4) safety features
shall not be tampered with, overridden or by-passed. All equipment must be
maintainted in accordance with the manufacturer's instructions, including the
manufacturer's recommended service interval, and records of such maintenance
shall be permanently retained at the district or private school. All equipment
shall be installed in a fail-safe manner such that the failure of any safety
device shall render the electrically operated partition inoperable until such
device is repaired; and
(5) until
such time as the safety devices required pursuant to subdivision (c) of this
section are installed and functioning in an electrically operated partition,
the following additional procedures shall be followed with respect to the
operation of such partition:
(i) the
partition shall not be operated during normal school hours;
(ii) the partition shall not be operated when
there are students or other individuals, other than the required operators,
present in the space being divided;
(iii) the partition shall be operated only by
individuals who are properly trained in the safe operation of the partition;
and
(iv) appropriate signage
stating the requirements in subparagraphs (i) through (iii) of this paragraph
shall be posted adjacent to each partition operating station.
