Current through Register Vol. 46, No. 39, September 25, 2024
(a) All buildings which are owned, operated
or leased by a public school district or board of cooperative educational
services shall be inspected for fire safety at least once annually, pursuant to
a schedule determined by the commissioner, or at any other time deemed
necessary by the commissioner. Any cost of such inspection shall be borne by
the school district or board of cooperative educational services.
(b) All inspections shall be performed,
within a period of time determined by the commissioner, by an inspector who is
qualified pursuant to procedures established by the State Fire Administrator.
The report of the inspection shall be on a form supplied by the
commissioner.
(c) Any violation of
the State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219
through 1229) or of this Part shall be corrected immediately unless it is
impracticable to do so. Violations which are not corrected immediately shall be
corrected within a period of time approved by the commissioner.
(d) Where a board of education or board of
cooperative educational services is required to convene meetings pursuant to
section
807-a
(5)(e) of the Education Law, the board shall:
(1) review each nonconformance with the
requirements of section
155.4 of this Part or of 19 NYCRR
Part 1225 recorded on the report during the fire inspection;
(2) identify all such nonconformances which
have not been corrected by the date of the meeting; and
(3) adopt a plan, in a form prescribed by the
commissioner, for correcting all such nonconformances.
(e) No building which is owned, operated or
leased by a board of education or a board of cooperative educational services
shall be occupied or otherwise used unless the building has a valid certificate
of occupancy issued by the commissioner.
(1)
A certificate of occupancy will be issued by the commissioner following the
annual inspection, if the inspection indicates the building is suitable for
occupancy and free of violations of the State Uniform Fire Prevention and
Building Code (19 NYCRR Parts 1219 through 1229) and of this Part.
(2) The commissioner may issue a temporary
certificate of occupancy at any time if the building is suitable for occupancy
and if the board of education or board of cooperative educational services has
adopted a plan, subsequently approved by the commissioner, for correcting all
violations, pursuant to subdivision (c) of this section.
(3) A certificate of occupancy, a temporary
certificate or a building permit may be denied or revoked for any one of the
following reasons:
(i) failure to comply with
any provision of this Part;
(ii)
failure to comply with any provisions of the State Uniform Fire Prevention and
Building Code (19 NYCRR Parts 1219 through 1229);
(iii) failure to comply with the provisions
of section
807-a of the
Education Law;
(iv) failure to file
an annual or other fire safety inspection report in a timely manner;
(v) failure to correct and/or plan for
correction of any nonconformance with the requirements of section
155.4 of this Part, or of 19 NYCRR
Part 1225, which appears on the fire safety inspection report in a timely
manner;
(vi) existence of any
nonconformance with the requirements of section
155.4 of this Part, or of 19 NYCRR
Part 1225, which appears on the fire safety report and which indicates that a
building is not suitable for occupancy or intended use;
(vii) repeated violations of the State
Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219 through 1229) or
this Part; or
(viii) violation of
other health or safety standards, imposed by law or regulation, which indicate
that a building is not suitable for occupancy or intended use.
