NY Exec L § 156-E (2021)
2021 New York Laws EXC - Executive Article 6-C - Office of Fire Prevention and Control 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.