Assemblyman Ken Zebrowski Announces Major Overhaul to School Fire Safety Report Requirements

The legislation reforms the current, outdated law to ensure proper inspection of schools and filing of fire safety reports to the State Education Department

Today, Assemblyman Ken Zebrowski unveiled his Fire Safety Report Reform that addresses the outdated law requiring schools to be inspected annually for fire safety and to file reports with the State Education Department (SED). Currently, schools must submit a fire safety report to the State Education Department but there is no recourse for schools who do not comply in a timely manner, or fail to submit it at all. The legislation would require the Commissioner of Education to take several actions that would compel both public and private schools to submit their annual fire safety reports (FSR). Zebrowski’s proposal also legitimizes the quality of inspections by ensuring those that are not qualified can no longer do so.

For years, Assemblyman Zebrowski has called for fire safety in schools, specifically ensuring proper oversight on the fire safety report process. The reform clarifies the SED Commissioner’s authority and creates a course of action if a private school fails to follow inspection requirements. If a private school does not file within ninety days of the December 16th deadline, the Commissioner must have the school inspected. If schools refuse access to inspectors or does not correct violations within a timely manner, their aid will be withheld until they comply with the law. The legislation also clarifies the Commissioner’s authority to revoke a public school building’s certificate of occupancy if they fail to correct violations after an inspection.

“SED has said they lack the authority to ensure certain schools comply with the law. This legislation empowers the Commissioner to take action and impose penalties for schools that continue to flout the inspection requirement. If a school is unwilling to follow the law, we must put in place specific consequences,” Assemblyman Zebrowski said

The legislation also looks to improve compliance by modernizing the process and improving communication between schools and the State Education Department when the filing fire safety reports (FSR). The proposal integrates the use of technology when filing the reports; it would allow SED to send schools the forms for the FSR electronically and schools may satisfy the notice requirement by posting the notice on their website.

“If we want schools to comply with the fire safety report requirement, we should do everything in our power to make that process easier. Updating the law to allow for more options, like utilizing access to technology, will only encourage compliance,” said Assemblyman Zebrowski.

Assemblyman Zebrowski has also stressed the importance of the legitimacy of inspections of schools and individuals who conduct them. Under the current law, school authorities may allow anyone to inspect buildings and sign off on schools, even if they have little to no knowledge of fire safety and proper code enforcement. Zebrowski’s legislation will remove that ability, no longer allowing untrained or lay individuals to conduct critical inspections. In addition, the legislation adds trained individuals to the list of people that are eligible to conduct inspections; certified fire inspectors and the county fire coordinator will be listed under those authorized.

The bill goes further to ensure fire safety by removing a section of the law that does not hold an individual who has conducted an inspection accountable or liable for error, a lack of thoroughness or omission. The law also gives fire inspectors and the county fire coordinator the ability to inspect schools should they perceive dangerous conditions.

“These reforms are common sense measures that bring our current laws up to date to ensure every child is learning in a safe structure. This isn’t just about Rockland County, this is a statewide issue that deserves our attention,” concluded Assemblyman Zebrowski.

Senator David Carlucci has expressed support for the reforms and is interested in sponsoring the bill in the Senate.

"Assemblyman Zebrowski and I are determined to ensure that every child in New York has the ability to learn in a safe and secure classroom. We will be introducing legislation that further improves the ability of all public, private, and charter schools to comply with fire inspections, and improve the State Education Department's ability to review the inspections.

With this legislation, we will codify both who is eligible to perform a fire safety inspection, and the course of action the State Education Department can take in the event of a failed inspection. When parents send their children to school they should have the peace of mind that the school has been properly inspected and is in full compliance. Anything less is simply unacceptable," said Senator Carlucci.