Current through Register Vol. 46, No. 12, March 20, 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.
