New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.3 - Comprehensive public school safety program

Current through Register Vol. 46, No. 28, July 10, 2024
To ensure that all school facilities are properly
					 maintained and preserved and provide suitable educational settings, the board
					 of education of each school district and each board of cooperative educational
					 services shall cause all occupied school facilities which are owned, operated
					 or leased by the district or board to comply with the provisions of the
					 Comprehensive Public School Safety Program as set forth in this section and the
					 Uniform Code of Public School Building Inspections, Safety Rating and
					 Monitoring, as prescribed in section
					 155.4 
					 of this Part. For purposes of this section and sections
					 155.4
					 through
					 155.7 
					 of this Part the term board of cooperative educational services shall be deemed
					 to include a county vocational education and extension board. The Comprehensive
					 Public School Safety Program shall consist of the following components:
(a) Building condition surveys. The board of
				  education of each school district and each board of cooperative educational
				  services shall develop building condition surveys for each occupied school
				  building in accordance with section 3641 (4)  of the Education
				  Law and the provisions of section
				  155.4(b)(1) 
				  of this Part.
(b) Visual
				  inspections. The board of education of each school district and each board of
				  cooperative educational services shall conduct visual inspections of each
				  occupied school building in accordance with the provisions of section
				  155.4(b)(2) 
				  of this Part, provided that the board of education of each school district and
				  each board of cooperative educational services shall implement a safety rating
				  system for all occupied school buildings pursuant to section
				  155.4(c) 
				  of this Part.
(c) Five year capital
				  facilities plan. The board of education of each school district and each board
				  of cooperative educational services shall develop a new five year capital
				  facilities plan pursuant to section
				  155.1(a)(4) 
				  of this Part or amend its existing plan to comply with such section, provided
				  that in the case of a city school district in a city having a population of one
				  million inhabitants or more, such plan shall also comply with section 2590-p  of the Education Law. Five year
				  capital facilities plans shall be consistent with all district planning
				  requirements including, but not limited to, the regional five year special
				  education space requirements plan required by section
				  200.2(g) 
				  of this Title. Every school district and board of cooperative educational
				  services shall use the safety rating of each occupied building in developing or
				  amending its five year facilities plan. Such plan shall identify critical
				  maintenance needs.
(d) Monitoring
				  system. The board of education of each school district and each board of
				  cooperative educational services shall establish procedures to monitor the
				  safety and condition of all occupied school buildings in accordance with the
				  provisions of section
				  155.4(d) 
				  of this Part.
(e) Waivers. The
				  board of education of a school district or a board of cooperative educational
				  services may apply to the commissioner for a waiver of the requirements of this
				  section, or of any of the provisions of section
				  155.4
				  or
				  155.5 
				  of this Part, upon a finding that such district had in existence on the
				  effective date of this Part, school building safety inspection procedures which
				  are in substantial compliance with such requirements. Such waiver requests
				  shall include:
(1) identification of the
				  regulatory requirement from which a waiver is sought;
(2) a copy of the building inspection
				  procedures alleged to be in substantial compliance to such regulatory
				  requirement, together with proof that such procedures were in effect on the
				  effective date of this Part; and
(3) the names and qualifications of the
				  inspectors carrying out such procedures; copies of previous reports under such
				  procedures; and records of actions taken to correct deficiencies identified
				  using such procedures.