§ 408 — Plans and specifications of school buildings must be approved by commissioner of education

§ 408. Plans and specifications of school buildings must be approved\nby commissioner of education. 1. No schoolhouse shall hereafter be\nerected, purchased, repaired, enlarged or remodeled nor shall the\nadvertisement for bids for the execution of the plans and specifications\nfor such schoolhouses be placed, in any school district except in a city\nschool district in a city having seventy thousand inhabitants or more,\nat an expense which shall exceed one hundred thousand dollars, until the\nplans and specifications shall have been submitted to the commissioner\nof education and his approval endorsed thereon. Such plans and\nspecifications shall show in detail the ventilation, heating and\nlighting of such buildings.\n In the case of a school district in a city having seventy thousand\ninhabitants or more, all the provisions previously set forth in this\nsubdivision shall apply, except that the commissioner may waive the\nrequirement for submission of plans and specifications and substitute\ntherefor the requirement for submission of an outline of such plans and\nspecifications for his review. Such outline shall be in a form which he\nmay prescribe from time to time.\n In either case, the commissioner may, in his discretion, review plans\nand specifications for projects estimated at an expense of less than one\nhundred thousand dollars.\n In the case of a school district in a city having a million\ninhabitants or more, all of the provisions previously set forth in this\nsubdivision shall apply, except that such school district shall only be\nrequired to submit an outline of the plans and specifications to the\ncommissioner of education for his information where a schoolhouse is to\nbe erected in conjunction with the development of a project to be\ndeveloped under the provisions of article two or five of the private\nhousing finance law and where both the school and the project are to\nhave rights or interests in the same land, regardless of the similarity\nor equality thereof, including fee interests, easements, space rights or\nother rights or interests.\n 2. The commissioner of education shall not approve the plans for the\nerection or purchase of any school building or addition thereto or\nremodeling thereof unless the same shall provide for heating,\nventilation, lighting, sanitation, storm drainage and health, fire and\naccident protection adequate to maintain healthful, safe and comfortable\nconditions therein and unless the county superintendent of highways or\ncommissioner of public works has been advised of the location of all\ntemporary and permanent entrances and exits upon all public highways and\nthe storm drainage plan which is to be used.\n 3. The commissioner shall approve the plans and specifications,\nheretofore or hereafter submitted pursuant to this section, for the\nerection or purchase of any school building or addition thereto or\nremodeling thereof on the site or sites selected therefor pursuant to\nthis chapter, if such plans conform to the requirements and provisions\nof this chapter and the regulations of the commissioner adopted pursuant\nto this chapter in all other respects; provided, however, that the\ncommissioner of education shall not approve the plans for the erection\nor purchase of any school building or addition thereto unless the site\nhas been selected with reasonable consideration of the following\nfactors; its place in a comprehensive, long-term school building\nprogram; area required for outdoor educational activities; educational\nadaptability, environment, accessibility; soil conditions; initial and\nultimate cost. In developing such plans and specifications, school\ndistricts are encouraged to review the energy conservation and saving\nbest practices available from the department and the New York state\nenergy research and development authority.\n * 3-a. (a) The commissioner shall not approve the plans for the\nerection of any new schoolhouse within five hundred feet of a\ncontrolled-access highway as defined in this subdivision unless the\ncommissioner determines that (i) space is so limited that there is no\nother appropriate site to erect such schoolhouse; (ii) plans for such\nschoolhouse include adequate engineering controls to address air\nquality; and (iii) the school district has demonstrated that other\npotential sites would pose equal or greater hazards to health and\nsafety.\n (b) For purposes of this subdivision, the construction of a new\nschoolhouse upon the site of an existing schoolhouse, or the\nconstruction of an addition or annex constructed to serve an existing\nschoolhouse, shall not be considered erection of a new schoolhouse.\n (c) For purposes of this subdivision, a "controlled-access highway"\nshall mean: (i) a controlled-access highway as defined by section one\nhundred nine of the vehicle and traffic law under the jurisdiction of\nthe commissioner of transportation which has been functionally\nclassified by the department of transportation as principal arterial -\ninterstate or principal arterial - other freeway/expressway on official\nfunctional classification maps approved by the federal highway\nadministration pursuant to part 470.105 of title 23 of the code of\nfederal regulations, as amended from time to time; and (ii) a divided\nhighway under the jurisdiction of the New York state thruway authority\nfor mixed traffic with access limited as the authority may determine and\ngenerally with grade separations at intersections.\n (d) Nothing in this subdivision shall be construed to create a private\nright of action to enforce the terms of this subdivision.\n * NB Effective December 21, 2029\n 4. No funds voted by a district meeting or other competent authority\nin any school district to which the provisions of subdivision one of\nthis section are applicable, exceeding the amounts specified in such\nsubdivision, shall be expended by the trustees or board of education\nuntil the commissioner of education shall certify that the plans and\nspecifications for the same comply with the provisions of this section.\n 5. In a city having a population of one million or more, all\ndesigning, draughting and inspecting necessary in connection with the\nconstruction, additions to, alterations and maintenance of schoolhouses\nshall be performed by a bureau established and maintained for this\npurpose under the board of education. The work of this bureau shall be\nperformed by civil service employees in the classified civil service\nunder the direction of the superintendent of school buildings, design\nand construction, except that repairs, betterment and maintenance of\nheating and ventilating plants and equipment, elevators and mechanical\nequipment shall remain under the direction of the superintendent of\nplant operation and maintenance. In a special case upon approval of the\nboard of estimate, such designing, draughting or inspecting may be\notherwise performed.\n 6. The commissioner may promulgate regulations relating to the\npurchase of existing school buildings. Such regulations shall provide\nfor an appraisal of such buildings as school buildings and the land on\nwhich they are situated as school sites by the commissioner of taxation\nand finance, such estimates of the cost of renovation and construction\nas may be necessary and limitations on the cost of acquisition and\nrenovation, in taking into consideration the age and condition of such\nexisting buildings, in relation to the estimated cost of constructing a\nnew building containing comparable facilities. Such regulations may also\nrequire the prior approval of the commissioner of any renovations\nproposed to be made to such existing school buildings.\n 7. The commissioner shall issue guidance informing all school\ndistricts of the manner in which building aid may be utilized to support\ndistrict-operated universal prekindergarten programs pursuant to\nsections thirty-six hundred two-e and thirty-six hundred two-ee of this\nchapter.\n