N.Y. Executive Law § 156-e: College fire safety

§ 156-e. College fire safety. 1. Notwithstanding the provisions of any

law to the contrary, the office of fire prevention and control of the

division of homeland security and emergency services, by and through the

state fire administrator or their duly authorized officers and

employees, shall have the responsibility to annually inspect buildings

under the jurisdiction of public colleges and independent colleges, as

these terms are defined in section eight hundred seven-b of the

education law, for compliance with and violations of the uniform fire

prevention and building code; or any other applicable code, rule or

regulation pertaining to fire safety. Buildings subject to inspection

are all buildings under the jurisdiction of such colleges used for

classroom, dormitory, fraternity, sorority, laboratory, physical

education, dining, recreational or other purposes.

2. a. The office of fire prevention and control shall have the power

to issue a notice of violation and orders requiring the remedying of any

condition found to exist in, on or about any such building which

violates the uniform fire prevention and building code, or any other

code, rule or regulation pertaining to fire safety, fire safety

equipment and fire safety devices. Such office is further authorized to

promulgate regulations regarding the issuance of violations, compliance

with orders, and providing for time for compliance, reinspection

procedures, and issuance of certificates of conformance.

b. Where any college authority in general charge of the operation of

any public or independent college buildings is served personally or by

registered or certified mail with an order of the office of fire

prevention and control to remedy any violation and fails to comply with

such order immediately or within such other time as specified in the

order, the office of fire prevention and control may avail itself of any

or all of the following remedies: (1) assess a civil penalty of up to

five hundred dollars per day until the violation is corrected; (2) order

immediate closure of the building, buildings or parts thereof where a

violation exists that poses an imminent threat to public health and

safety; (3) refer violations to the appropriate local government

authorities for enforcement pursuant to article eighteen of this

chapter.

c. The office of fire prevention and control is authorized to commence

necessary proceedings in a court of competent jurisdiction seeking

enforcement of any of its orders and payment of assessed penalties.

3. a. Except as provided herein, any county, city, town or village,

pursuant to resolution of their respective legislative bodies, may apply

to the office of fire prevention and control for delegation of all or

part of the duties, rights and powers conferred upon the office of fire

prevention and control by this section and section eight hundred seven-b

of the education law. Upon acceptable demonstration of adequate

capability, resources and commitment on the part of the applicant local

government, the office of fire prevention and control may make such

delegation, in which case the local government shall also have all of

the rights, duties and powers provided to local governments in article

eighteen of this chapter and in any city charter or code. The authority

granted in this section to assess civil penalties and order closure of

buildings shall not be delegated to the local government. Such powers

shall continue in the office of fire prevention and control which may

exercise them in the case of violations, on its own volition or at the

request of the delegee local government. The delegation shall expire

after three years, and may be renewed at the discretion of the office of

fire prevention and control. All inspection reports conducted pursuant

to a delegation of authority shall be promptly filed with the office of

fire prevention and control. In the event any such report is not filed

or reasonable grounds exist to believe that inspections or enforcement

are inadequate or ineffective, the office of fire prevention and control

may revoke the delegation or continue it subject to terms and conditions

specified by the office of fire prevention and control.

b. The authorities in a city having a population of one million or

more shall exercise all of the rights, powers and duties pertaining to

inspection of independent and public college buildings and enforcement

provided in this section and section eight hundred seven-b of the

education law, without impairing any existing authority of such city. A

copy of all inspection reports shall be filed with the office of fire

prevention and control by the authorities conducting inspections.