S04663 Summary:

BILL NOS04663B
 
SAME ASSAME AS A01906-A
 
SPONSORCARLUCCI
 
COSPNSR
 
MLTSPNSR
 
Amd 807-a & 807-c, Ed L
 
Relates to fire inspections in public and private schools; requires annual fire safety reports.
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S04663 Actions:

BILL NOS04663B
 
03/20/2019REFERRED TO EDUCATION
05/29/2019AMEND AND RECOMMIT TO EDUCATION
05/29/2019PRINT NUMBER 4663A
06/11/2019AMEND AND RECOMMIT TO EDUCATION
06/11/2019PRINT NUMBER 4663B
06/20/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/20/2019ORDERED TO THIRD READING CAL.1818
06/20/2019PASSED SENATE
06/20/2019DELIVERED TO ASSEMBLY
06/20/2019referred to ways and means
06/20/2019substituted for a1906a
06/20/2019ordered to third reading rules cal.637
06/20/2019passed assembly
06/20/2019returned to senate
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S04663 Memo:

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S04663 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4663--B
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     March 20, 2019
                                       ___________
 
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Education  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the education law, in relation to  fire  inspections  of
          public and private schools
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 807-a of the education law, as added by chapter 871
     2  of the laws of 1955, subdivision 1 as  amended  and  subdivision  10  as
     3  added  by  chapter  981  of  the  laws  of 1963, subdivisions 2 and 3 as
     4  amended by chapter 607 of the laws of 1964, subparagraphs  4  and  5  of
     5  paragraph  a  of  subdivision  3  and  paragraph  a of subdivision 10 as
     6  amended by chapter 284 of the laws of 1971, paragraph b of subdivision 3
     7  as amended by chapter 511 of the laws of 1974, subdivision 4 as  amended
     8  by  chapter 225 of the laws of 1979, subdivision 5 as amended by chapter
     9  700 of the laws of 1971, paragraph a of  subdivision  5  as  amended  by
    10  chapter 464 of the laws of 1975, subdivision 6 as amended by chapter 165
    11  of the laws of 2006, subdivision 7 as amended by chapter 536 of the laws
    12  of  1981,  and  subdivision  11 as amended by chapter 380 of the laws of
    13  1976, is amended to read as follows:
    14    § 807-a. Fire inspections. 1. It shall  be  the  duty  of  the  school
    15  authorities  in general charge of the operation of any public or private
    16  school to cause the  buildings  of  such  school  containing  classroom,
    17  dormitory, laboratory, physical education, dining or recreational facil-
    18  ities for student use to be inspected at least annually for fire hazards
    19  which might endanger the lives of students, teachers and employees ther-
    20  ein.
    21    2.  The annual fire inspection shall be made prior to the first day of
    22  December of every school year and the report thereof shall be  filed  by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01579-06-9

        S. 4663--B                          2
 
     1  the  school  authorities  in  the places required by subdivision five of
     2  this section no later than the sixteenth day of December of  every  such
     3  year.
     4    3.  a. The school authorities shall cause any fire inspection pursuant
     5  to this section to be made by one  of  the  following  methods,  or  any
     6  combination of such methods:
     7    (1)  [Employing,  either  regularly  or specially, persons who, in the
     8  judgment of the school  authorities,  are  qualified  to  make  such  an
     9  inspection, or any phase thereof.
    10    (2) Contracting for the making of such inspections, or any phase ther-
    11  eof,  by  persons  who,  in  the judgment of the school authorities, are
    12  qualified.
    13    (3)] Requesting inspection by the fire department of any  city,  town,
    14  village or fire district in which the building is located.
    15    [(4)] (2) Requesting inspection by a fire corporation which is subject
    16  to  the provisions of section fourteen hundred two of the not-for-profit
    17  corporation law, if such building is located within the  area  described
    18  in the certificate of incorporation of any such corporation.
    19    [(5)] (3) Requesting inspection by the county fire coordinator, or the
    20  officer  performing  the  powers and duties of a county fire coordinator
    21  pursuant to a local law, of the county in which the building is located,
    22  or by any deputy county fire coordinator or deputy of such other officer
    23  so performing the powers and duties of a county fire coordinator  desig-
    24  nated  to  make  the  inspection  by the county fire coordinator or such
    25  other officer so performing the powers and duties of a county fire coor-
    26  dinator, if the building is located outside a city,  town,  village,  or
    27  fire  district,  which  has its own fire department and outside the area
    28  described in the certificate of incorporation of  any  fire  corporation
    29  which  is  subject  to the provisions of section fourteen hundred two of
    30  the not-for-profit corporation law.
    31    (4) Requesting inspection by a  fire  inspector,  who  holds  a  valid
    32  certification.
    33    b.  [If any such inspection, or phase thereof, is to be made by either
    34  of the methods specified in subparagraphs (1) and (2) of paragraph a  of
    35  this subdivision, the school authorities shall give reasonable notice of
    36  the  date  and time such inspection is to be made to the chief, or other
    37  comparable officer, of any fire department, or fire  corporation,  which
    38  has  the  regular duty of fighting fire in the building to be inspected.
    39  Such officer, or any subordinate  designated  by  him,  may  be  present
    40  during  the  inspection  and may also file a report of inspection in the
    41  manner provided in this section.
    42    c.] If any fire department, certified fire inspector  or  fire  corpo-
    43  ration  described  in  subparagraphs [(3) and (4)] one, two, and four of
    44  paragraph a of this subdivision shall fail or  refuse  to  make  a  fire
    45  inspection  promptly  after having been requested to do so by the school
    46  authorities, the request shall  be  denied  in  writing  to  the  school
    47  authorities  [may  request  the  county fire coordinator, or the officer
    48  performing the powers and duties of a county fire  coordinator  pursuant
    49  to  a  local law, of the county in which the building is located to make
    50  such inspection. It shall be the duty of the county fire coordinator, or
    51  such other officer so performing the powers and duties of a county  fire
    52  coordinator, in such case to make such inspection or cause it to be made
    53  by  a  deputy  whom  he shall designate] with an explanation of why such
    54  request was denied. In no  event  may  an  authority  who  is  otherwise
    55  required  by  law  to conduct fire inspections in such municipality or a

        S. 4663--B                          3
 
     1  county fire coordinator refuse a request by a school authority for  such
     2  inspection.
     3    [d.]  c.  Regardless  of  the method or methods used to accomplish the
     4  inspection required by this section, the [person] authority  making  the
     5  inspection  shall file the report thereof with the school authorities no
     6  later than the first day of December.
     7    4. The state fire administrator shall prescribe the form of  the  fire
     8  inspection  report  and  the commissioner [of education] shall furnish a
     9  supply of such form to school authorities annually, either  by  mail  or
    10  electronically.    In prescribing such form the state fire administrator
    11  shall consider standards for fire safety set forth in the state building
    12  construction code, the state building conservation and  fire  prevention
    13  code, the regulations of the commissioner [of education] and other safe-
    14  ty standards.
    15    5.  a.  The report of any fire inspection shall be filed in the office
    16  of the school authorities and with the commissioner [of education].  All
    17  such  reports  [so]  filed  in any public office shall be kept as public
    18  records for at  least  three  years  after  which  period  they  may  be
    19  destroyed.
    20    b.  Within  twenty days after the [filing of the] report is filed with
    21  the school authorities, the school authorities shall cause public notice
    22  of the filing of such report to be given in substantially the  following
    23  form:     "Notice  is  hereby  given  that  the  annual  inspection  for
    24       (year)                                                           of
    25  the                      school building (or of the
    26  and        school  buildings)  of  (name  of  school district or private
    27  school) for fire hazards which might endanger  the  lives  of  students,
    28  teachers and employees therein, has been completed and the report there-
    29  of  is  available  at  the office of (school district or private school)
    30  at        for inspection by all interested persons". If  the  inspection
    31  was  not  made for the school authorities by the fire department or fire
    32  company responsible for fire protection of the building,  such  authori-
    33  ties  shall  cause  a copy of such notice to be mailed or electronically
    34  transmitted to the chief of such fire department or company.
    35    c. The school authorities of public schools shall cause such notice to
    36  be published on the school's website or at least once  in  the  official
    37  newspaper,  or  if there is no official newspaper, in a newspaper having
    38  general circulation in the school district, and if there is no newspaper
    39  having general circulation in the district, shall cause such  notice  to
    40  be  posted in ten conspicuous places in the district.  Proof of publica-
    41  tion or posting of such notice and of the mailing  of  a  copy  of  such
    42  notice to the fire chief shall be filed in the office of the district.
    43    d.  The  school authorities of private schools shall cause such notice
    44  to be published on the school's website or at least once in a  newspaper
    45  having general circulation in the postal area in which the school build-
    46  ing  is located, and if there is no newspaper having general circulation
    47  in such postal area, shall  cause  such  notice  to  be  posted  in  ten
    48  conspicuous places in such postal area.  Proof of posting or publication
    49  of  such  notice and of the mailing of a copy of such notice to the fire
    50  chief shall be filed in the school office.
    51    e. If the report shows any alleged deficiencies, the  school  authori-
    52  ties  shall  [give at least five days notice by mail to the chief of the
    53  fire department or fire company responsible for fire protection  of  the
    54  school  building  of  the  date  and place of a meeting of the trustees,
    55  board of education, or corresponding officers by whatever name known, to
    56  be held within thirty days following the publication or posting required

        S. 4663--B                          4

     1  by this section, and shall at such meeting confer with  the  fire  chief
     2  concerning  the  alleged deficiencies appearing on the inspection report
     3  and the measures proposed to be  taken  by  the  school  authorities  to
     4  correct such deficiencies.
     5    f.  In  each  such  school  district  subject to the jurisdiction of a
     6  district superintendent under the provisions of  article  forty-five  of
     7  the education law, such district superintendent shall ascertain that the
     8  notices  required by this subdivision have been published or posted, and
     9  mailed, and any conference with the fire chief required by this subdivi-
    10  sion has been had] provide the details  of  such  deficiencies  and  the
    11  proposed  actions  to be taken to correct such deficiencies to the local
    12  government that administers and enforces the uniform fire prevention and
    13  building code for the municipality in which the building is located.
    14    6. a. It shall be the duty of the commissioner to  ascertain  annually
    15  whether  the  inspections  of  school buildings required by this section
    16  have been made and the reports of the  inspection  have  been  filed  in
    17  their  respective  offices. The commissioner shall review the reports of
    18  inspection filed pursuant to this section and may  make  recommendations
    19  to  the  school  authorities  with  respect  to any problems relating to
    20  school fire safety noted in such reports. The commissioner shall require
    21  a re-inspection of school buildings where a report of inspection identi-
    22  fied violations [that, if uncorrected, would cause  the  department  to]
    23  until  it  is  demonstrated to the satisfaction of the commissioner that
    24  said violations have been corrected. In the event that a  public  school
    25  fails  to correct violations following a re-inspection, the commissioner
    26  may deny an annual certificate of occupancy to  such  school  building[,
    27  and  shall require additional re-inspections until it is demonstrated to
    28  the satisfaction of the commissioner  that  said  violations  have  been
    29  corrected]. The commissioner may inspect or cause to be inspected at any
    30  reasonable  time  for  fire  prevention and fire protection purposes the
    31  school buildings required to be inspected by this section.
    32    b.  In the event a private school has failed to file  an  annual  fire
    33  safety report with the department within ninety days of the sixteenth of
    34  December, the commissioner shall inspect or request an appropriate local
    35  authority,  described  in  subdivision seven of this section, to inspect
    36  the school. If a private school either refuses access for an  inspection
    37  pursuant to this paragraph, or does not correct violations identified in
    38  such report in a timely manner, the commissioner shall immediately noti-
    39  fy, in writing, the local government who issues the certificate of occu-
    40  pancy for the school of their failure to file a fire safety report.
    41    7.  a.  Every  public  or  private  school required to be inspected as
    42  hereinabove provided may be  inspected  for  fire  prevention  and  fire
    43  protection purposes at any reasonable time by:
    44    (1)  the  chief  of  the fire department of the city, town, village or
    45  fire district in which the school is located,
    46    (2) the chief of a fire corporation having its headquarters outside  a
    47  village or fire district, if the school is located in the area described
    48  in the certificate of incorporation of such company,
    49    (3)  the  chief  of the fire department or fire company affording fire
    50  protection to a fire district, fire protection district, or  fire  alarm
    51  district  pursuant  to  a contract, if the school is located in any such
    52  district,
    53    (4) the member of any  fire  department  or  fire  company  listed  in
    54  subparagraph  one,  two or three of this paragraph assigned by the chief
    55  thereof the duty of inspecting school buildings[.],

        S. 4663--B                          5
 
     1    (5) the fire inspector, who holds a valid certification, of any  city,
     2  town, village or fire district in which the building is located.
     3    b.  In  no event shall the school authorities of any public or private
     4  school, required to be inspected as hereinabove provided, refuse  access
     5  at  any  reasonable  time  to any person described in subparagraphs one,
     6  two, three [and], four or five of paragraph a of this  subdivision,  who
     7  appears  for the purpose of conducting an inspection for fire prevention
     8  or fire protection purposes; provided, however, that  the  administrator
     9  or the designee of the administrator of the school to be inspected shall
    10  be given the opportunity to be present during the inspection.
    11    8.  [Any person, or any public or other corporation for which any such
    12  person acts, shall not be liable for any  error,  omission  or  lack  of
    13  thoroughness  in  the  making  of  the inspection and report required or
    14  permitted by this section.
    15    9.] The term "school authorities", as used in this section, means,  in
    16  relation  to  public  schools,  the  trustees, or board of education, or
    17  corresponding officers, whether one or more, and by whatever name  known
    18  of a city school district, or other school district however created, or,
    19  in  relation  to private schools, the board of trustees, board of direc-
    20  tors, or other governing board in general charge of the operation of any
    21  such school.
    22    [10.] 9. The term "private school", as used in this section, means:
    23    a. Any nursery school or kindergarten attended by six or  more  pupils
    24  three  years of age or older which may apply for registration by the New
    25  York state education department pursuant to part one hundred twenty-five
    26  of title eight of the official compilation of  codes,  rules  and  regu-
    27  lations  of  the state of New York; provided, however, that this section
    28  shall not apply to day care facilities  possessing  a  valid  permit  as
    29  required by section three hundred ninety of the social services law; or
    30    b.  Any establishment, other than a public school, attended by twenty-
    31  five or more pupils for the purpose  of  receiving  the  instruction  of
    32  academic grade at the elementary or secondary level required by part one
    33  of article sixty-five of this chapter.
    34    [11.]  10.  This  section shall not apply to the school authorities in
    35  the cities of New York, Buffalo, Rochester, Syracuse and Yonkers  or  to
    36  colleges and universities.
    37    §  2.  Subdivision 1 of section 807-c of the education law, as amended
    38  by chapter 1015 of the laws of 1974, is amended to read as follows:
    39    1. The school authorities designated in subdivision  [nine]  eight  of
    40  section eight hundred seven-a of this [chapter] article in charge of the
    41  operation  of  any  public school or of any private school designated in
    42  subdivision [ten] nine of such section, located in an area within  which
    43  a fire department or fire company is responsible for fire protection and
    44  within  which  there  is no electrically or electronically operated fire
    45  alarm reporting system provided for public use may  cause  the  internal
    46  fire  alarm, fire detection, or fire extinguishing system of each build-
    47  ing in which is contained  classroom,  dormitory,  laboratory,  physical
    48  education,  dining  or  recreational  facilities  for  student use to be
    49  interconnected with the fire alarm reporting location or system which is
    50  provided for such fire department or fire company to receive alarms from
    51  the public so that upon activation of such  internal  fire  alarm,  fire
    52  detection,  or  fire extinguishing system a signal will be automatically
    53  transmitted to such fire alarm reporting location or system.
    54    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    55  have become a law.
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