N.Y. Education Law § 408: Plans and specifications of school buildings must be approved by commissioner of education

§ 408. Plans and specifications of school buildings must be approved

by commissioner of education. 1. No schoolhouse shall hereafter be

erected, purchased, repaired, enlarged or remodeled nor shall the

advertisement for bids for the execution of the plans and specifications

for such schoolhouses be placed, in any school district except in a city

school district in a city having seventy thousand inhabitants or more,

at an expense which shall exceed one hundred thousand dollars, until the

plans and specifications shall have been submitted to the commissioner

of education and his approval endorsed thereon. Such plans and

specifications shall show in detail the ventilation, heating and

lighting of such buildings.

In the case of a school district in a city having seventy thousand

inhabitants or more, all the provisions previously set forth in this

subdivision shall apply, except that the commissioner may waive the

requirement for submission of plans and specifications and substitute

therefor the requirement for submission of an outline of such plans and

specifications for his review. Such outline shall be in a form which he

may prescribe from time to time.

In either case, the commissioner may, in his discretion, review plans

and specifications for projects estimated at an expense of less than one

hundred thousand dollars.

In the case of a school district in a city having a million

inhabitants or more, all of the provisions previously set forth in this

subdivision shall apply, except that such school district shall only be

required to submit an outline of the plans and specifications to the

commissioner of education for his information where a schoolhouse is to

be erected in conjunction with the development of a project to be

developed under the provisions of article two or five of the private

housing finance law and where both the school and the project are to

have rights or interests in the same land, regardless of the similarity

or equality thereof, including fee interests, easements, space rights or

other rights or interests.

2. The commissioner of education shall not approve the plans for the

erection or purchase of any school building or addition thereto or

remodeling thereof unless the same shall provide for heating,

ventilation, lighting, sanitation, storm drainage and health, fire and

accident protection adequate to maintain healthful, safe and comfortable

conditions therein and unless the county superintendent of highways or

commissioner of public works has been advised of the location of all

temporary and permanent entrances and exits upon all public highways and

the storm drainage plan which is to be used.

3. The commissioner shall approve the plans and specifications,

heretofore or hereafter submitted pursuant to this section, for the

erection or purchase of any school building or addition thereto or

remodeling thereof on the site or sites selected therefor pursuant to

this chapter, if such plans conform to the requirements and provisions

of this chapter and the regulations of the commissioner adopted pursuant

to this chapter in all other respects; provided, however, that the

commissioner of education shall not approve the plans for the erection

or purchase of any school building or addition thereto unless the site

has been selected with reasonable consideration of the following

factors; its place in a comprehensive, long-term school building

program; area required for outdoor educational activities; educational

adaptability, environment, accessibility; soil conditions; initial and

ultimate cost. In developing such plans and specifications, school

districts are encouraged to review the energy conservation and saving

best practices available from the department and the New York state

energy research and development authority.

* 3-a. (a) The commissioner shall not approve the plans for the

erection of any new schoolhouse within five hundred feet of a

controlled-access highway as defined in this subdivision unless the

commissioner determines that (i) space is so limited that there is no

other appropriate site to erect such schoolhouse; (ii) plans for such

schoolhouse include adequate engineering controls to address air

quality; and (iii) the school district has demonstrated that other

potential sites would pose equal or greater hazards to health and

safety.

(b) For purposes of this subdivision, the construction of a new

schoolhouse upon the site of an existing schoolhouse, or the

construction of an addition or annex constructed to serve an existing

schoolhouse, shall not be considered erection of a new schoolhouse.

(c) For purposes of this subdivision, a "controlled-access highway"

shall mean: (i) a controlled-access highway as defined by section one

hundred nine of the vehicle and traffic law under the jurisdiction of

the commissioner of transportation which has been functionally

classified by the department of transportation as principal arterial -

interstate or principal arterial - other freeway/expressway on official

functional classification maps approved by the federal highway

administration pursuant to part 470.105 of title 23 of the code of

federal regulations, as amended from time to time; and (ii) a divided

highway under the jurisdiction of the New York state thruway authority

for mixed traffic with access limited as the authority may determine and

generally with grade separations at intersections.

(d) Nothing in this subdivision shall be construed to create a private

right of action to enforce the terms of this subdivision.

* NB Effective December 21, 2029

4. No funds voted by a district meeting or other competent authority

in any school district to which the provisions of subdivision one of

this section are applicable, exceeding the amounts specified in such

subdivision, shall be expended by the trustees or board of education

until the commissioner of education shall certify that the plans and

specifications for the same comply with the provisions of this section.

5. In a city having a population of one million or more, all

designing, draughting and inspecting necessary in connection with the

construction, additions to, alterations and maintenance of schoolhouses

shall be performed by a bureau established and maintained for this

purpose under the board of education. The work of this bureau shall be

performed by civil service employees in the classified civil service

under the direction of the superintendent of school buildings, design

and construction, except that repairs, betterment and maintenance of

heating and ventilating plants and equipment, elevators and mechanical

equipment shall remain under the direction of the superintendent of

plant operation and maintenance. In a special case upon approval of the

board of estimate, such designing, draughting or inspecting may be

otherwise performed.

6. The commissioner may promulgate regulations relating to the

purchase of existing school buildings. Such regulations shall provide

for an appraisal of such buildings as school buildings and the land on

which they are situated as school sites by the commissioner of taxation

and finance, such estimates of the cost of renovation and construction

as may be necessary and limitations on the cost of acquisition and

renovation, in taking into consideration the age and condition of such

existing buildings, in relation to the estimated cost of constructing a

new building containing comparable facilities. Such regulations may also

require the prior approval of the commissioner of any renovations

proposed to be made to such existing school buildings.

7. The commissioner shall issue guidance informing all school

districts of the manner in which building aid may be utilized to support

district-operated universal prekindergarten programs pursuant to

sections thirty-six hundred two-e and thirty-six hundred two-ee of this

chapter.