N.Y. Education Law § 409-e: Uniform code of public school buildings inspection, safety rating and monitoring

§ 409-e. Uniform code of public school buildings inspection, safety

rating and monitoring. 1. Code development, rules and regulations. The

commissioner shall, after at least one public hearing, promulgate a

uniform code of public school building inspections, safety rating and

monitoring, hereinafter referred to as the "code", by rule and

regulation. The commissioner shall periodically review the code to

ensure that it effectuates the purposes of this section, provided

however nothing herein shall prevent a school district from enacting

stricter local codes so long as such code is consistent with the state

code and provided further nothing herein shall affect a separate

requirement to inspect and maintain school buildings pursuant to any

other state or local law or regulation.

2. Periodic inspections. (a) The commissioner may require inspections

of public school buildings as deemed necessary to maintain the safety of

school buildings and the welfare of their occupants.

(b) As provided in paragraph (a) of this subdivision such inspections

shall:

(i) be conducted in a manner and by persons meeting the

qualifications, as established in the code;

(ii) result in a safety rating of every building as required pursuant

to this article; and

(iii) be reported on forms prescribed by the commissioner, subscribed

by the person or persons who conducted the inspection and filed with the

commissioner within sixty days of the completion of the inspection.

(c) In the case of a city school district in a city having a

population of one million or more inhabitants, each school shall be

inspected periodically by the department of buildings pursuant to

section 27-211 of the New York city building code, or any successor or

substantially similar section.

3. Safety rating system. The commissioner shall develop pursuant to

regulations a safety rating system to be used by all school districts

and boards of cooperative educational services keyed to the structural

integrity and overall safety of the building and shall be developed

using data obtained from the building's annual inspection as required by

this article. Such safety rating system shall identify and assess the

condition of every major system component of every school building

including interior structures; building systems such as heating,

ventilation, plumbing and electrical systems; exterior structures

including but not limited to roofs, masonry, stairs, and chimneys; and

develop a system which rates each building component based on at least

the following factors: overall safety; structural integrity; probable

useful life; need for repair or replacement; and maintenance. Such

safety rating shall include mechanisms which facilitate more frequent

inspections and repairs as determined necessary to protect the welfare

and safety of students and staff residing in such school buildings. This

information shall be used for purposes of developing a buildings

condition survey as required pursuant to section thirty-six hundred

forty-one of this chapter and a five year facilities plan as required

pursuant to clause (i) of subparagraph two of paragraph (b) of

subdivision six of section thirty-six hundred two of this chapter.

4. Monitoring system. The commissioner shall develop pursuant to

regulations a monitoring system to oversee the safety of public school

buildings. Such system shall include but not be limited to the following

components:

(a) a process that identifies and provides a comprehensive maintenance

plan for all major building systems for each school building to ensure

that all buildings are maintained in a state of good repair; and

(b) establishment of uniform safety standards governing all

construction projects. The safety standards shall be designed to promote

the safety of pupils, staff and other building occupants during periods

of maintenance, repair, reconstruction, construction or any other

construction-related activity.

(c) establishment of a process to monitor the condition of public

school buildings to provide they are safe and maintained in a state of

good repair.