NY Educ L § 807-A (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 17 - Instruction in Certain Subjects 807-A - Fire Inspections.

§ 807-a. Fire  inspections.  1.  It  shall  be  the duty of the school authorities in general charge of the operation of any public or  private school  to  cause  the  buildings  of  such school containing classroom, dormitory,  laboratory,  physical  education,  dining  or   recreational facilities  for  student  use to be inspected at least annually for fire hazards which  might  endanger  the  lives  of  students,  teachers  and employees therein.   2.  The annual fire inspection shall be made prior to the first day of December of every school year and the report thereof shall be  filed  by the  school  authorities  in  the places required by subdivision five of this section no later than the sixteenth day of December of  every  such year.   3.  a. The school authorities shall cause any fire inspection pursuant to this section to be made by one  of  the  following  methods,  or  any combination of such methods:  (1)  Requesting  inspection  by the fire department of any city, town, village or fire district in which the building is located.  (2) Requesting inspection by a fire corporation which  is  subject  to the  provisions  of  section  fourteen hundred two of the not-for-profit corporation law, if such building is located within the  area  described in the certificate of incorporation of any such corporation.  (3)  Requesting  inspection  by  the  county  fire coordinator, or the officer performing the powers and duties of a  county  fire  coordinator pursuant to a local law, of the county in which the building is located, or by any deputy county fire coordinator or deputy of such other officer so  performing  the  powers  and  duties  of  a  county fire coordinator designated to make the inspection by the county fire coordinator or such other officer so performing the powers  and  duties  of  a  county  fire coordinator,  if  the building is located outside a city, town, village, or fire district, which has its own fire department and outside the area described in the certificate of incorporation of  any  fire  corporation which  is  subject  to the provisions of section fourteen hundred two of the not-for-profit corporation law.  (4) Requesting inspection by a  fire  inspector,  who  holds  a  valid certification.   b.   If   any  fire  department,  certified  fire  inspector  or  fire corporation described in subparagraphs one, two, and four of paragraph a of this subdivision shall fail or  refuse  to  make  a  fire  inspection promptly after having been requested to do so by the school authorities, the request shall be denied in writing to the school authorities with an explanation of why such request was denied. In no event may an authority who  is  otherwise  required  by law to conduct fire inspections in such municipality or a county fire coordinator refuse a request by  a  school authority for such inspection.   c.  Regardless  of  the  method  or  methods  used  to  accomplish the inspection required by this section, the authority making the inspection shall file the report thereof with the school authorities no later  than the first day of December.   4.  The  state fire administrator shall prescribe the form of the fire inspection report and the commissioner shall furnish a  supply  of  such form  to  school authorities annually, either by mail or electronically. In prescribing such form the state  fire  administrator  shall  consider standards  for  fire safety set forth in the state building construction code, the state building conservation  and  fire  prevention  code,  the regulations of the commissioner and other safety standards.   5.  a.  The report of any fire inspection shall be filed in the office of the school authorities and with the commissioner.  All  such  reports  filed  in any public office shall be kept as public records for at least three years after which period they may be destroyed.   b.  Within  twenty  days  after  the  report  is filed with the school authorities, the school authorities shall cause  public  notice  of  the filing  of  such report to be given in substantially the following form: "Notice is hereby given that the annual inspection  for     (year)  of the                      school building (or of the and        school  buildings)  of  (name  of  school district or private school) for fire hazards which might endanger  the  lives  of  students, teachers  and  employees  therein,  has  been  completed  and the report thereof is available at  the  office  of  (school  district  or  private school)  at        for  inspection  by  all  interested persons". If the inspection  was  not  made  for  the  school  authorities  by  the  fire department  or  fire  company  responsible  for  fire  protection of the building, such authorities shall cause a  copy  of  such  notice  to  be mailed   or  electronically  transmitted  to  the  chief  of  such  fire department or company.   c. The school authorities of public schools shall cause such notice to be published on the school's website or at least once  in  the  official newspaper,  or  if there is no official newspaper, in a newspaper having general circulation in the school district, and if there is no newspaper having general circulation in the district, shall cause such  notice  to be   posted  in  ten  conspicuous  places  in  the  district.  Proof  of publication or posting of such notice and of the mailing of  a  copy  of such  notice  to  the  fire  chief  shall  be filed in the office of the district.   d. The school authorities of private schools shall cause  such  notice to  be published on the school's website or at least once in a newspaper having general circulation in  the  postal  area  in  which  the  school building  is  located,  and  if  there  is  no  newspaper having general circulation in such postal area, shall cause such notice to be posted in ten conspicuous  places  in  such  postal  area.  Proof  of  posting  or publication  of  such notice and of the mailing of a copy of such notice to the fire chief shall be filed in the school office.   e.  If  the  report  shows  any  alleged  deficiencies,   the   school authorities  shall  provide  the  details  of  such deficiencies and the proposed actions to be taken to correct such deficiencies to  the  local government that administers and enforces the uniform fire prevention and building code for the municipality in which the building is located.   6.  a.  It shall be the duty of the commissioner to ascertain annually whether the inspections of school buildings  required  by  this  section have  been  made  and  the  reports of the inspection have been filed in their respective offices. The commissioner shall review the  reports  of inspection  filed  pursuant to this section and may make recommendations to the school authorities with  respect  to  any  problems  relating  to school fire safety noted in such reports. The commissioner shall require a  re-inspection  of  school  buildings  where  a  report  of inspection identified violations until it is demonstrated to  the  satisfaction  of the  commissioner that said violations have been corrected. In the event that  a  public  school  fails  to  correct   violations   following   a re-inspection,  the  commissioner  may  deny  an  annual  certificate of occupancy to such school building. The commissioner may inspect or cause to be inspected at any reasonable time  for  fire  prevention  and  fire protection  purposes  the  school  buildings required to be inspected by this section.   b. In the event a private school has failed to  file  an  annual  fire safety report with the department within ninety days of the sixteenth of December, the commissioner shall inspect or request an appropriate local  authority,  described  in  subdivision seven of this section, to inspect the school. If a private school either refuses access for an  inspection pursuant to this paragraph, or does not correct violations identified in such  report  in  a  timely  manner,  the commissioner shall immediately notify, in writing, the local government who issues the  certificate  of occupancy for the school of their failure to file a fire safety report.   7.  a.  Every  public  or  private  school required to be inspected as hereinabove provided may be  inspected  for  fire  prevention  and  fire protection purposes at any reasonable time by:  (1)  the  chief  of  the fire department of the city, town, village or fire district in which the school is located,  (2) the chief of a fire corporation having its headquarters outside  a village or fire district, if the school is located in the area described in the certificate of incorporation of such company,  (3)  the  chief  of the fire department or fire company affording fire protection to a fire district, fire protection district, or  fire  alarm district  pursuant  to  a contract, if the school is located in any such district,  (4) the member of any  fire  department  or  fire  company  listed  in subparagraph  one,  two or three of this paragraph assigned by the chief thereof the duty of inspecting school buildings,  (5) the fire inspector, who holds a valid certification, of any  city, town, village or fire district in which the building is located.   b.  In  no event shall the school authorities of any public or private school, required to be inspected as hereinabove provided, refuse  access at  any  reasonable  time  to any person described in subparagraphs one, two, three, four or five of paragraph a of this subdivision, who appears for the purpose of conducting an inspection for fire prevention or  fire protection  purposes;  provided,  however, that the administrator or the designee of the administrator of the school to  be  inspected  shall  be given the opportunity to be present during the inspection.   8.  The  term "school authorities", as used in this section, means, in relation to public schools, the trustees,  or  board  of  education,  or corresponding  officers, whether one or more, and by whatever name known of a city school district, or other school district however created, or, in relation  to  private  schools,  the  board  of  trustees,  board  of directors,  or  other governing board in general charge of the operation of any such school.   9. The term "private school", as used in this section, means:   a. Any nursery school or kindergarten attended by six or  more  pupils three  years of age or older which may apply for registration by the New York state education department pursuant to part one hundred twenty-five of  title  eight  of  the  official  compilation  of  codes,  rules  and regulations  of  the  state  of  New  York; provided, however, that this section shall not apply to day care facilities possessing a valid permit as required by section three hundred ninety of the social services  law; or   b.  Any  establishment,  other  than  a  public  school,  attended  by twenty-five or more pupils for the purpose of receiving the  instruction of  academic grade at the elementary or secondary level required by part one of article sixty-five of this chapter.   10. This section shall not apply to  the  school  authorities  in  the cities  of  New  York,  Buffalo,  Rochester,  Syracuse and Yonkers or to colleges and universities.