NY Educ L § 408 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 9 - School Buildings and Sites 408 - Plans and Specifications of School Buildings Must Be Approved by Commissioner of Education.

§ 408. Plans  and  specifications of school buildings must be approved   by commissioner of education.  1.  No  schoolhouse  shall  hereafter  be   erected,  purchased,  repaired,  enlarged  or  remodeled  nor  shall the   advertisement for bids for the execution of the plans and specifications   for such schoolhouses be placed, in any school district except in a city   school district in a city having seventy thousand inhabitants  or  more,   at an expense which shall exceed one hundred thousand dollars, until the   plans  and  specifications shall have been submitted to the commissioner   of  education  and  his  approval  endorsed  thereon.  Such  plans   and   specifications  shall  show  in  detail  the  ventilation,  heating  and   lighting of such buildings.In the case of a school district in a  city  having  seventy  thousand   inhabitants  or  more,  all  the provisions previously set forth in this   subdivision shall apply, except that  the  commissioner  may  waive  the   requirement  for  submission  of plans and specifications and substitute   therefor the requirement for submission of an outline of such plans  and   specifications  for his review. Such outline shall be in a form which he   may prescribe from time to time.In either case, the commissioner may, in his discretion, review  plans   and specifications for projects estimated at an expense of less than one   hundred thousand dollars.In  the  case  of  a  school  district  in  a  city  having  a million   inhabitants or more, all of the provisions previously set forth in  this   subdivision  shall apply, except that such school district shall only be   required to submit an outline of the plans  and  specifications  to  the   commissioner  of education for his information where a schoolhouse is to   be erected in conjunction with  the  development  of  a  project  to  be   developed  under  the  provisions  of article two or five of the private   housing finance law and where both the school and  the  project  are  to   have  rights or interests in the same land, regardless of the similarity   or equality thereof, including fee interests, easements, space rights or   other rights or interests.2. The commissioner of education shall not approve the plans  for  the   erection  or  purchase  of  any  school  building or addition thereto or   remodeling  thereof  unless  the  same  shall   provide   for   heating,   ventilation,  lighting,  sanitation, storm drainage and health, fire and   accident protection adequate to maintain healthful, safe and comfortable   conditions therein and unless the county superintendent of  highways  or   commissioner  of  public  works  has been advised of the location of all   temporary and permanent entrances and exits upon all public highways and   the storm drainage plan which is to be used.3. The  commissioner  shall  approve  the  plans  and  specifications,   heretofore  or  hereafter  submitted  pursuant  to this section, for the   erection or purchase of any  school  building  or  addition  thereto  or   remodeling  thereof  on  the site or sites selected therefor pursuant to   this chapter, if such plans conform to the requirements  and  provisions   of this chapter and the regulations of the commissioner adopted pursuant   to  this  chapter  in  all  other  respects; provided, however, that the   commissioner of education shall not approve the plans for  the  erection   or  purchase  of any school building or addition thereto unless the site   has  been  selected  with  reasonable  consideration  of  the  following   factors;  its  place  in  a  comprehensive,  long-term  school  building   program; area required for outdoor educational  activities;  educational   adaptability,  environment,  accessibility; soil conditions; initial and   ultimate cost. In  developing  such  plans  and  specifications,  school   districts  are  encouraged  to review the energy conservation and saving   best practices available from the department  and  the  New  York  state   energy research and development authority. 4.  No  funds voted by a district meeting or other competent authority   in any school district to which the provisions  of  subdivision  one  of   this  section  are  applicable,  exceeding the amounts specified in such   subdivision, shall be expended by the trustees  or  board  of  education   until  the  commissioner  of  education shall certify that the plans and   specifications for the same comply with the provisions of this section.5. In a  city  having  a  population  of  one  million  or  more,  all   designing,  draughting  and  inspecting necessary in connection with the   construction, additions to, alterations and maintenance of  schoolhouses   shall  be  performed  by  a  bureau  established and maintained for this   purpose under the board of education. The work of this bureau  shall  be   performed  by  civil  service  employees in the classified civil service   under the direction of the superintendent of  school  buildings,  design   and  construction,  except  that  repairs, betterment and maintenance of   heating and ventilating plants and equipment, elevators  and  mechanical   equipment  shall  remain  under  the  direction of the superintendent of   plant operation and maintenance. In a special case upon approval of  the   board  of  estimate,  such  designing,  draughting  or inspecting may be   otherwise performed.6.  The  commissioner  may  promulgate  regulations  relating  to  the   purchase  of  existing  school buildings. Such regulations shall provide   for an appraisal of such buildings as school buildings and the  land  on   which  they are situated as school sites by the commissioner of taxation   and finance, such estimates of the cost of renovation  and  construction   as  may  be  necessary  and  limitations  on the cost of acquisition and   renovation, in taking into consideration the age and condition  of  such   existing  buildings, in relation to the estimated cost of constructing a   new building containing comparable facilities. Such regulations may also   require the prior  approval  of  the  commissioner  of  any  renovations   proposed to be made to such existing school buildings.