New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter J - Buildings And Transportation
Part 155 - Educational Facilities
Section 155.3 - Comprehensive public school safety program

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 155.3

Current through Register Vol. 46, No. 12, March 20, 2024

To ensure that all school facilities are properly maintained and preserved and provide suitable educational settings, the board of education of each school district and each board of cooperative educational services shall cause all occupied school facilities which are owned, operated or leased by the district or board to comply with the provisions of the Comprehensive Public School Safety Program as set forth in this section and the Uniform Code of Public School Building Inspections, Safety Rating and Monitoring, as prescribed in section 155.4 of this Part. For purposes of this section and sections 155.4 through 155.7 of this Part the term board of cooperative educational services shall be deemed to include a county vocational education and extension board. The Comprehensive Public School Safety Program shall consist of the following components:

(a) Building condition surveys. The board of education of each school district and each board of cooperative educational services shall develop building condition surveys for each occupied school building in accordance with section 3641(4) of the Education Law and the provisions of section 155.4(b)(1) of this Part.

(b) Visual inspections. The board of education of each school district and each board of cooperative educational services shall conduct visual inspections of each occupied school building in accordance with the provisions of section 155.4(b)(2) of this Part, provided that the board of education of each school district and each board of cooperative educational services shall implement a safety rating system for all occupied school buildings pursuant to section 155.4(c) of this Part.

(c) Five year capital facilities plan. The board of education of each school district and each board of cooperative educational services shall develop a new five year capital facilities plan pursuant to section 155.1(a)(4) of this Part or amend its existing plan to comply with such section, provided that in the case of a city school district in a city having a population of one million inhabitants or more, such plan shall also comply with section 2590-p of the Education Law. Five year capital facilities plans shall be consistent with all district planning requirements including, but not limited to, the regional five year special education space requirements plan required by section 200.2(g) of this Title. Every school district and board of cooperative educational services shall use the safety rating of each occupied building in developing or amending its five year facilities plan. Such plan shall identify critical maintenance needs.

(d) Monitoring system. The board of education of each school district and each board of cooperative educational services shall establish procedures to monitor the safety and condition of all occupied school buildings in accordance with the provisions of section 155.4(d) of this Part.

(e) Waivers. The board of education of a school district or a board of cooperative educational services may apply to the commissioner for a waiver of the requirements of this section, or of any of the provisions of section 155.4 or 155.5 of this Part, upon a finding that such district had in existence on the effective date of this Part, school building safety inspection procedures which are in substantial compliance with such requirements. Such waiver requests shall include:

(1) identification of the regulatory requirement from which a waiver is sought;

(2) a copy of the building inspection procedures alleged to be in substantial compliance to such regulatory requirement, together with proof that such procedures were in effect on the effective date of this Part; and

(3) the names and qualifications of the inspectors carrying out such procedures; copies of previous reports under such procedures; and records of actions taken to correct deficiencies identified using such procedures.

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