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