§ 409-E — Uniform code of public school buildings inspection, safety rating and monitoring

§ 409-e. Uniform code of public school buildings inspection, safety\nrating and monitoring. 1. Code development, rules and regulations. The\ncommissioner shall, after at least one public hearing, promulgate a\nuniform code of public school building inspections, safety rating and\nmonitoring, hereinafter referred to as the "code", by rule and\nregulation. The commissioner shall periodically review the code to\nensure that it effectuates the purposes of this section, provided\nhowever nothing herein shall prevent a school district from enacting\nstricter local codes so long as such code is consistent with the state\ncode and provided further nothing herein shall affect a separate\nrequirement to inspect and maintain school buildings pursuant to any\nother state or local law or regulation.\n 2. Periodic inspections. (a) The commissioner may require inspections\nof public school buildings as deemed necessary to maintain the safety of\nschool buildings and the welfare of their occupants.\n (b) As provided in paragraph (a) of this subdivision such inspections\nshall:\n (i) be conducted in a manner and by persons meeting the\nqualifications, as established in the code;\n (ii) result in a safety rating of every building as required pursuant\nto this article; and\n (iii) be reported on forms prescribed by the commissioner, subscribed\nby the person or persons who conducted the inspection and filed with the\ncommissioner within sixty days of the completion of the inspection.\n (c) In the case of a city school district in a city having a\npopulation of one million or more inhabitants, each school shall be\ninspected periodically by the department of buildings pursuant to\nsection 27-211 of the New York city building code, or any successor or\nsubstantially similar section.\n 3. Safety rating system. The commissioner shall develop pursuant to\nregulations a safety rating system to be used by all school districts\nand boards of cooperative educational services keyed to the structural\nintegrity and overall safety of the building and shall be developed\nusing data obtained from the building's annual inspection as required by\nthis article. Such safety rating system shall identify and assess the\ncondition of every major system component of every school building\nincluding interior structures; building systems such as heating,\nventilation, plumbing and electrical systems; exterior structures\nincluding but not limited to roofs, masonry, stairs, and chimneys; and\ndevelop a system which rates each building component based on at least\nthe following factors: overall safety; structural integrity; probable\nuseful life; need for repair or replacement; and maintenance. Such\nsafety rating shall include mechanisms which facilitate more frequent\ninspections and repairs as determined necessary to protect the welfare\nand safety of students and staff residing in such school buildings. This\ninformation shall be used for purposes of developing a buildings\ncondition survey as required pursuant to section thirty-six hundred\nforty-one of this chapter and a five year facilities plan as required\npursuant to clause (i) of subparagraph two of paragraph (b) of\nsubdivision six of section thirty-six hundred two of this chapter.\n 4. Monitoring system. The commissioner shall develop pursuant to\nregulations a monitoring system to oversee the safety of public school\nbuildings. Such system shall include but not be limited to the following\ncomponents:\n (a) a process that identifies and provides a comprehensive maintenance\nplan for all major building systems for each school building to ensure\nthat all buildings are maintained in a state of good repair; and\n (b) establishment of uniform safety standards governing all\nconstruction projects. The safety standards shall be designed to promote\nthe safety of pupils, staff and other building occupants during periods\nof maintenance, repair, reconstruction, construction or any other\nconstruction-related activity.\n (c) establishment of a process to monitor the condition of public\nschool buildings to provide they are safe and maintained in a state of\ngood repair.\n