§ 807-A — Fire inspections

§ 807-a. Fire inspections. 1. It shall be the duty of the school\nauthorities in general charge of the operation of any public or private\nschool to cause the buildings of such school containing classroom,\ndormitory, laboratory, physical education, dining or recreational\nfacilities for student use to be inspected at least annually for fire\nhazards which might endanger the lives of students, teachers and\nemployees therein.\n 2. The annual fire inspection shall be made prior to the first day of\nDecember of every school year and the report thereof shall be filed by\nthe school authorities in the places required by subdivision five of\nthis section no later than the sixteenth day of December of every such\nyear.\n 3. a. The school authorities shall cause any fire inspection pursuant\nto this section to be made by one of the following methods, or any\ncombination of such methods:\n (1) Requesting inspection by the fire department of any city, town,\nvillage or fire district in which the building is located.\n (2) Requesting inspection by a fire corporation which is subject to\nthe provisions of section fourteen hundred two of the not-for-profit\ncorporation law, if such building is located within the area described\nin the certificate of incorporation of any such corporation.\n (3) Requesting inspection by the county fire coordinator, or the\nofficer performing the powers and duties of a county fire coordinator\npursuant to a local law, of the county in which the building is located,\nor by any deputy county fire coordinator or deputy of such other officer\nso performing the powers and duties of a county fire coordinator\ndesignated to make the inspection by the county fire coordinator or such\nother officer so performing the powers and duties of a county fire\ncoordinator, if the building is located outside a city, town, village,\nor fire district, which has its own fire department and outside the area\ndescribed in the certificate of incorporation of any fire corporation\nwhich is subject to the provisions of section fourteen hundred two of\nthe not-for-profit corporation law.\n (4) Requesting inspection by a fire inspector, who holds a valid\ncertification.\n b. If any fire department, certified fire inspector or fire\ncorporation described in subparagraphs one, two, and four of paragraph a\nof this subdivision shall fail or refuse to make a fire inspection\npromptly after having been requested to do so by the school authorities,\nthe request shall be denied in writing to the school authorities with an\nexplanation of why such request was denied. In no event may an authority\nwho is otherwise required by law to conduct fire inspections in such\nmunicipality or a county fire coordinator refuse a request by a school\nauthority for such inspection.\n c. Regardless of the method or methods used to accomplish the\ninspection required by this section, the authority making the inspection\nshall file the report thereof with the school authorities no later than\nthe first day of December.\n 4. The state fire administrator shall prescribe the form of the fire\ninspection report and the commissioner shall furnish a supply of such\nform to school authorities annually, either by mail or electronically.\nIn prescribing such form the state fire administrator shall consider\nstandards for fire safety set forth in the state building construction\ncode, the state building conservation and fire prevention code, the\nregulations of the commissioner and other safety standards.\n 5. a. The report of any fire inspection shall be filed in the office\nof the school authorities and with the commissioner. All such reports\nfiled in any public office shall be kept as public records for at least\nthree years after which period they may be destroyed.\n b. Within twenty days after the report is filed with the school\nauthorities, the school authorities shall cause public notice of the\nfiling of such report to be given in substantially the following form:\n"Notice is hereby given that the annual inspection for (year) of\nthe school building (or of the\nand school buildings) of (name of school district or private\nschool) for fire hazards which might endanger the lives of students,\nteachers and employees therein, has been completed and the report\nthereof is available at the office of (school district or private\nschool) at for inspection by all interested persons". If the\ninspection was not made for the school authorities by the fire\ndepartment or fire company responsible for fire protection of the\nbuilding, such authorities shall cause a copy of such notice to be\nmailed or electronically transmitted to the chief of such fire\ndepartment or company.\n c. The school authorities of public schools shall cause such notice to\nbe published on the school's website or at least once in the official\nnewspaper, or if there is no official newspaper, in a newspaper having\ngeneral circulation in the school district, and if there is no newspaper\nhaving general circulation in the district, shall cause such notice to\nbe posted in ten conspicuous places in the district. Proof of\npublication or posting of such notice and of the mailing of a copy of\nsuch notice to the fire chief shall be filed in the office of the\ndistrict.\n d. The school authorities of private schools shall cause such notice\nto be published on the school's website or at least once in a newspaper\nhaving general circulation in the postal area in which the school\nbuilding is located, and if there is no newspaper having general\ncirculation in such postal area, shall cause such notice to be posted in\nten conspicuous places in such postal area. Proof of posting or\npublication of such notice and of the mailing of a copy of such notice\nto the fire chief shall be filed in the school office.\n e. If the report shows any alleged deficiencies, the school\nauthorities shall provide the details of such deficiencies and the\nproposed actions to be taken to correct such deficiencies to the local\ngovernment that administers and enforces the uniform fire prevention and\nbuilding code for the municipality in which the building is located.\n 6. a. It shall be the duty of the commissioner to ascertain annually\nwhether the inspections of school buildings required by this section\nhave been made and the reports of the inspection have been filed in\ntheir respective offices. The commissioner shall review the reports of\ninspection filed pursuant to this section and may make recommendations\nto the school authorities with respect to any problems relating to\nschool fire safety noted in such reports. The commissioner shall require\na re-inspection of school buildings where a report of inspection\nidentified violations until it is demonstrated to the satisfaction of\nthe commissioner that said violations have been corrected. In the event\nthat a public school fails to correct violations following a\nre-inspection, the commissioner may deny an annual certificate of\noccupancy to such school building. The commissioner may inspect or cause\nto be inspected at any reasonable time for fire prevention and fire\nprotection purposes the school buildings required to be inspected by\nthis section.\n b. In the event a private school has failed to file an annual fire\nsafety report with the department within ninety days of the sixteenth of\nDecember, the commissioner shall inspect or request an appropriate local\nauthority, described in subdivision seven of this section, to inspect\nthe school. If a private school either refuses access for an inspection\npursuant to this paragraph, or does not correct violations identified in\nsuch report in a timely manner, the commissioner shall immediately\nnotify, in writing, the local government who issues the certificate of\noccupancy for the school of their failure to file a fire safety report.\n 7. a. Every public or private school required to be inspected as\nhereinabove provided may be inspected for fire prevention and fire\nprotection purposes at any reasonable time by:\n (1) the chief of the fire department of the city, town, village or\nfire district in which the school is located,\n (2) the chief of a fire corporation having its headquarters outside a\nvillage or fire district, if the school is located in the area described\nin the certificate of incorporation of such company,\n (3) the chief of the fire department or fire company affording fire\nprotection to a fire district, fire protection district, or fire alarm\ndistrict pursuant to a contract, if the school is located in any such\ndistrict,\n (4) the member of any fire department or fire company listed in\nsubparagraph one, two or three of this paragraph assigned by the chief\nthereof the duty of inspecting school buildings,\n (5) the fire inspector, who holds a valid certification, of any city,\ntown, village or fire district in which the building is located.\n b. In no event shall the school authorities of any public or private\nschool, required to be inspected as hereinabove provided, refuse access\nat any reasonable time to any person described in subparagraphs one,\ntwo, three, four or five of paragraph a of this subdivision, who appears\nfor the purpose of conducting an inspection for fire prevention or fire\nprotection purposes; provided, however, that the administrator or the\ndesignee of the administrator of the school to be inspected shall be\ngiven the opportunity to be present during the inspection.\n 8. The term "school authorities", as used in this section, means, in\nrelation to public schools, the trustees, or board of education, or\ncorresponding officers, whether one or more, and by whatever name known\nof a city school district, or other school district however created, or,\nin relation to private schools, the board of trustees, board of\ndirectors, or other governing board in general charge of the operation\nof any such school.\n 9. The term "private school", as used in this section, means:\n a. Any nursery school or kindergarten attended by six or more pupils\nthree years of age or older which may apply for registration by the New\nYork state education department pursuant to part one hundred twenty-five\nof title eight of the official compilation of codes, rules and\nregulations of the state of New York; provided, however, that this\nsection shall not apply to day care facilities possessing a valid permit\nas required by section three hundred ninety of the social services law;\nor\n b. Any establishment, other than a public school, attended by\ntwenty-five or more pupils for the purpose of receiving the instruction\nof academic grade at the elementary or secondary level required by part\none of article sixty-five of this chapter.\n 10. This section shall not apply to the school authorities in the\ncities of New York, Buffalo, Rochester, Syracuse and Yonkers or to\ncolleges and universities.\n