NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1906A
SPONSOR: Zebrowski (MS) TITLE OF BILL: An act to amend the education law, in relation to fire
inspections of public and private schools
PURPOSE OF THE BILL:
The bill will modernize the process of conducting annual fire inspection
reports for public and private schools.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 807-a of the education law as it
relates to annual fire inspections in public and private school build-
ings. The bill requires the schools to request inspection from the local
fire department, county fire coordinator or certified fire inspector.
The bill allows certain notices to be posted and mailed electronically.
The bill provides for recourse if schools fail to comply with the annual
fire inspection process. It clarifies the current power of the commis-
sioner to deny the certificate of occupancy if a public school fails to
correct deficiencies following an inspection. If a private school fails
to comply with the requirement, the commissioner must inspect or request
a local authority to inspect the building. If the school fails to
provide access to an inspector or fails to correct violations in a time-
ly manner then the commissioner notify, in writing, the local government
of the school's failure to comply. The bill clarifies which authorities
may inspect the schools at any reasonable time.
Section two of the bill amends section 807-c as it relates to renumber-
ing amended references.
Section three of the bill relates to the effective date.
JUSTIFICATION:
This bill modernizes the law to take into account changes in how these
inspections are conducted. It will remove the ability of persons who are
not qualified to conduct the inspection to do so. It also provides
schools with flexibility in meeting the public notice requirements and
eliminates the "hold harmless" provision which allow inspectors who made
errors on an inspection reports to not be held liable.
Current law requires schools to submit an annual fire safety report
which includes an inspection of school buildings. There is no recourse
for schools who fail to submit an annual fire safety report in a timely
manner or at all.
This bill requires the commissioner of education to take action if a
private school does not comply with the inspection requirement.
Currently, the commissioner has the ability to take action if a public
school fails to comply with the inspection requirement but there is no
similar process for private schools. Under the legislation, if a private
school fails to comply, the commissioner shall order the school to be
inspected and if the inspection is refused, they must notify the local
government who has jurisdiction over the school of their non-compliance.
This will provide the State Education Department with the necessary
enforcement mechanism to ensure compliance with this requirement and the
safety of school buildings.
PRIOR LEGISLATIVE HISTORY:
A.2985-A of 2017-18
FISCAL IMPLICATIONS FOR STATE:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
1906--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
___________
Introduced by M. of A. ZEBROWSKI, JAFFEE, GOTTFRIED, THIELE, L. ROSEN-
THAL, COOK, GALEF, DICKENS, D'URSO, BRONSON, SOLAGES, MONTESANO, RAIA,
COLTON, NORRIS, MANKTELOW -- Multi-Sponsored by -- M. of A. B. MILLER,
SIMON -- read once and referred to the Committee on Education --
reported and referred to the Committee on Ways and Means -- 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01579-07-9
A. 1906--A 2
1 2. The annual fire inspection shall be made prior to the first day of
2 December of every school year and the report thereof shall be filed by
3 the school authorities in the places required by subdivision five of
4 this section no later than the sixteenth day of December of every such
5 year.
6 3. a. The school authorities shall cause any fire inspection pursuant
7 to this section to be made by one of the following methods, or any
8 combination of such methods:
9 (1) [Employing, either regularly or specially, persons who, in the
10 judgment of the school authorities, are qualified to make such an
11 inspection, or any phase thereof.
12 (2) Contracting for the making of such inspections, or any phase ther-
13 eof, by persons who, in the judgment of the school authorities, are
14 qualified.
15 (3)] Requesting inspection by the fire department of any city, town,
16 village or fire district in which the building is located.
17 [(4)] (2) Requesting inspection by a fire corporation which is subject
18 to the provisions of section fourteen hundred two of the not-for-profit
19 corporation law, if such building is located within the area described
20 in the certificate of incorporation of any such corporation.
21 [(5)] (3) Requesting inspection by the county fire coordinator, or the
22 officer performing the powers and duties of a county fire coordinator
23 pursuant to a local law, of the county in which the building is located,
24 or by any deputy county fire coordinator or deputy of such other officer
25 so performing the powers and duties of a county fire coordinator desig-
26 nated to make the inspection by the county fire coordinator or such
27 other officer so performing the powers and duties of a county fire coor-
28 dinator, if the building is located outside a city, town, village, or
29 fire district, which has its own fire department and outside the area
30 described in the certificate of incorporation of any fire corporation
31 which is subject to the provisions of section fourteen hundred two of
32 the not-for-profit corporation law.
33 (4) Requesting inspection by a fire inspector, who holds a valid
34 certification.
35 b. [If any such inspection, or phase thereof, is to be made by either
36 of the methods specified in subparagraphs (1) and (2) of paragraph a of
37 this subdivision, the school authorities shall give reasonable notice of
38 the date and time such inspection is to be made to the chief, or other
39 comparable officer, of any fire department, or fire corporation, which
40 has the regular duty of fighting fire in the building to be inspected.
41 Such officer, or any subordinate designated by him, may be present
42 during the inspection and may also file a report of inspection in the
43 manner provided in this section.
44 c.] If any fire department, certified fire inspector or fire corpo-
45 ration described in subparagraphs [(3) and (4)] one, two, and four of
46 paragraph a of this subdivision shall fail or refuse to make a fire
47 inspection promptly after having been requested to do so by the school
48 authorities, the request shall be denied in writing to the school
49 authorities [may request the county fire coordinator, or the officer
50 performing the powers and duties of a county fire coordinator pursuant
51 to a local law, of the county in which the building is located to make
52 such inspection. It shall be the duty of the county fire coordinator, or
53 such other officer so performing the powers and duties of a county fire
54 coordinator, in such case to make such inspection or cause it to be made
55 by a deputy whom he shall designate] with an explanation of why such
56 request was denied. In no event may an authority who is otherwise
A. 1906--A 3
1 required by law to conduct fire inspections in such municipality or a
2 county fire coordinator refuse a request by a school authority for such
3 inspection.
4 [d.] c. Regardless of the method or methods used to accomplish the
5 inspection required by this section, the [person] authority making the
6 inspection shall file the report thereof with the school authorities no
7 later than the first day of December.
8 4. The state fire administrator shall prescribe the form of the fire
9 inspection report and the commissioner [of education] shall furnish a
10 supply of such form to school authorities annually, either by mail or
11 electronically. In prescribing such form the state fire administrator
12 shall consider standards for fire safety set forth in the state building
13 construction code, the state building conservation and fire prevention
14 code, the regulations of the commissioner [of education] and other safe-
15 ty standards.
16 5. a. The report of any fire inspection shall be filed in the office
17 of the school authorities and with the commissioner [of education]. All
18 such reports [so] filed in any public office shall be kept as public
19 records for at least three years after which period they may be
20 destroyed.
21 b. Within twenty days after the [filing of the] report is filed with
22 the school authorities, the school authorities shall cause public notice
23 of the filing of such report to be given in substantially the following
24 form: "Notice is hereby given that the annual inspection for
25 (year) of
26 the school building (or of the
27 and school buildings) of (name of school district or private
28 school) for fire hazards which might endanger the lives of students,
29 teachers and employees therein, has been completed and the report there-
30 of is available at the office of (school district or private school)
31 at for inspection by all interested persons". If the inspection
32 was not made for the school authorities by the fire department or fire
33 company responsible for fire protection of the building, such authori-
34 ties shall cause a copy of such notice to be mailed or electronically
35 transmitted to the chief of such fire department or company.
36 c. The school authorities of public schools shall cause such notice to
37 be published on the school's website or at least once in the official
38 newspaper, or if there is no official newspaper, in a newspaper having
39 general circulation in the school district, and if there is no newspaper
40 having general circulation in the district, shall cause such notice to
41 be posted in ten conspicuous places in the district. Proof of publica-
42 tion or posting of such notice and of the mailing of a copy of such
43 notice to the fire chief shall be filed in the office of the district.
44 d. The school authorities of private schools shall cause such notice
45 to be published on the school's website or at least once in a newspaper
46 having general circulation in the postal area in which the school build-
47 ing is located, and if there is no newspaper having general circulation
48 in such postal area, shall cause such notice to be posted in ten
49 conspicuous places in such postal area. Proof of posting or publication
50 of such notice and of the mailing of a copy of such notice to the fire
51 chief shall be filed in the school office.
52 e. If the report shows any alleged deficiencies, the school authori-
53 ties shall [give at least five days notice by mail to the chief of the
54 fire department or fire company responsible for fire protection of the
55 school building of the date and place of a meeting of the trustees,
56 board of education, or corresponding officers by whatever name known, to
A. 1906--A 4
1 be held within thirty days following the publication or posting required
2 by this section, and shall at such meeting confer with the fire chief
3 concerning the alleged deficiencies appearing on the inspection report
4 and the measures proposed to be taken by the school authorities to
5 correct such deficiencies.
6 f. In each such school district subject to the jurisdiction of a
7 district superintendent under the provisions of article forty-five of
8 the education law, such district superintendent shall ascertain that the
9 notices required by this subdivision have been published or posted, and
10 mailed, and any conference with the fire chief required by this subdivi-
11 sion has been had] provide the details of such deficiencies and the
12 proposed actions to be taken to correct such deficiencies to the local
13 government that administers and enforces the uniform fire prevention and
14 building code for the municipality in which the building is located.
15 6. a. It shall be the duty of the commissioner to ascertain annually
16 whether the inspections of school buildings required by this section
17 have been made and the reports of the inspection have been filed in
18 their respective offices. The commissioner shall review the reports of
19 inspection filed pursuant to this section and may make recommendations
20 to the school authorities with respect to any problems relating to
21 school fire safety noted in such reports. The commissioner shall require
22 a re-inspection of school buildings where a report of inspection identi-
23 fied violations [that, if uncorrected, would cause the department to]
24 until it is demonstrated to the satisfaction of the commissioner that
25 said violations have been corrected. In the event that a public school
26 fails to correct violations following a re-inspection, the commissioner
27 may deny an annual certificate of occupancy to such school building[,
28 and shall require additional re-inspections until it is demonstrated to
29 the satisfaction of the commissioner that said violations have been
30 corrected]. The commissioner may inspect or cause to be inspected at any
31 reasonable time for fire prevention and fire protection purposes the
32 school buildings required to be inspected by this section.
33 b. In the event a private school has failed to file an annual fire
34 safety report with the department within ninety days of the sixteenth of
35 December, the commissioner shall inspect or request an appropriate local
36 authority, described in subdivision seven of this section, to inspect
37 the school. If a private school either refuses access for an inspection
38 pursuant to this paragraph, or does not correct violations identified in
39 such report in a timely manner, the commissioner shall immediately noti-
40 fy, in writing, the local government who issues the certificate of occu-
41 pancy for the school of their failure to file a fire safety report.
42 7. a. Every public or private school required to be inspected as
43 hereinabove provided may be inspected for fire prevention and fire
44 protection purposes at any reasonable time by:
45 (1) the chief of the fire department of the city, town, village or
46 fire district in which the school is located,
47 (2) the chief of a fire corporation having its headquarters outside a
48 village or fire district, if the school is located in the area described
49 in the certificate of incorporation of such company,
50 (3) the chief of the fire department or fire company affording fire
51 protection to a fire district, fire protection district, or fire alarm
52 district pursuant to a contract, if the school is located in any such
53 district,
54 (4) the member of any fire department or fire company listed in
55 subparagraph one, two or three of this paragraph assigned by the chief
56 thereof the duty of inspecting school buildings[.],
A. 1906--A 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.
