N.Y. EXC Law § 156-E — New York Code / Act EXC / Article 6-C / Section 156-E
College fire safety
Status: in_force

§ 156-e. College fire safety. 1. Notwithstanding the provisions of any\nlaw to the contrary, the office of fire prevention and control of the\ndivision of homeland security and emergency services, by and through the\nstate fire administrator or their duly authorized officers and\nemployees, shall have the responsibility to annually inspect buildings\nunder the jurisdiction of public colleges and independent colleges, as\nthese terms are defined in section eight hundred seven-b of the\neducation law, for compliance with and violations of the uniform fire\nprevention and building code; or any other applicable code, rule or\nregulation pertaining to fire safety. Buildings subject to inspection\nare all buildings under the jurisdiction of such colleges used for\nclassroom, dormitory, fraternity, sorority, laboratory, physical\neducation, dining, recreational or other purposes.\n  2. a. The office of fire prevention and control shall have the power\nto issue a notice of violation and orders requiring the remedying of any\ncondition found to exist in, on or about any such building which\nviolates the uniform fire prevention and building code, or any other\ncode, rule or regulation pertaining to fire safety, fire safety\nequipment and fire safety devices. Such office is further authorized to\npromulgate regulations regarding the issuance of violations, compliance\nwith orders, and providing for time for compliance, reinspection\nprocedures, and issuance of certificates of conformance.\n  b. Where any college authority in general charge of the operation of\nany public or independent college buildings is served personally or by\nregistered or certified mail with an order of the office of fire\nprevention and control to remedy any violation and fails to comply with\nsuch order immediately or within such other time as specified in the\norder, the office of fire prevention and control may avail itself of any\nor all of the following remedies: (1) assess a civil penalty of up to\nfive hundred dollars per day until the violation is corrected; (2) order\nimmediate closure of the building, buildings or parts thereof where a\nviolation exists that poses an imminent threat to public health and\nsafety; (3) refer violations to the appropriate local government\nauthorities for enforcement pursuant to article eighteen of this\nchapter.\n  c. The office of fire prevention and control is authorized to commence\nnecessary proceedings in a court of competent jurisdiction seeking\nenforcement of any of its orders and payment of assessed penalties.\n  3. a. Except as provided herein, any county, city, town or village,\npursuant to resolution of their respective legislative bodies, may apply\nto the office of fire prevention and control for delegation of all or\npart of the duties, rights and powers conferred upon the office of fire\nprevention and control by this section and section eight hundred seven-b\nof the education law. Upon acceptable demonstration of adequate\ncapability, resources and commitment on the part of the applicant local\ngovernment, the office of fire prevention and control may make such\ndelegation, in which case the local government shall also have all of\nthe rights, duties and powers provided to local governments in article\neighteen of this chapter and in any city charter or code. The authority\ngranted in this section to assess civil penalties and order closure of\nbuildings shall not be delegated to the local government. Such powers\nshall continue in the office of fire prevention and control which may\nexercise them in the case of violations, on its own volition or at the\nrequest of the delegee local government. The delegation shall expire\nafter three years, and may be renewed at the discretion of the office of\nfire prevention and control. All inspection reports conducted pursuant\nto a delegation of authority shall be promptly filed with the office of\nfire prevention and control. In the event any such report is not filed\nor reasonable grounds exist to believe that inspections or enforcement\nare inadequate or ineffective, the office of fire prevention and control\nmay revoke the delegation or continue it subject to terms and conditions\nspecified by the office of fire prevention and control.\n  b. The authorities in a city having a population of one million or\nmore shall exercise all of the rights, powers and duties pertaining to\ninspection of independent and public college buildings and enforcement\nprovided in this section and section eight hundred seven-b of the\neducation law, without impairing any existing authority of such city. A\ncopy of all inspection reports shall be filed with the office of fire\nprevention and control by the authorities conducting inspections.\n