Assembly Bill A11292

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11292

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced by M. of A. SALADINO -- Multi-Sponsored by -- M. of A. ALFANO
  -- read once and referred to the Committee on Education

AN  ACT to amend the education law, in relation to requiring educational
  facilities to be constructed or retrofitted with an  automatic  sprin-
  kler system; and making an appropriation therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section  408-c
to read as follows:
  S  408-C.  AUTOMATIC SPRINKLER SYSTEMS. 1. AS USED IN THIS SECTION THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "EDUCATIONAL FACILITY" MEANS A BUILDING OR STRUCTURE, OR A PORTION
THEREOF, USED BY SIX OR MORE PERSONS AT ANY ONE  TIME  FOR  THE  PRIMARY
PURPOSE OF PROVIDING EDUCATIONAL INSTRUCTION TO STUDENTS IN GRADE LEVELS
KINDERGARTEN THROUGH TWELFTH GRADE.
  (B)  "AUTOMATIC  SPRINKLER  SYSTEM"  MEANS A SPRINKLER SYSTEM FOR FIRE
PROTECTION PURPOSES THAT IS AN  INTEGRATED  SYSTEM  OF  UNDERGROUND  AND
OVERHEAD  PIPING DESIGNED IN ACCORDANCE WITH FIRE PROTECTION ENGINEERING
STANDARDS. A SYSTEM REQUIRES A SUITABLE WATER SUPPLY. THE PORTION OF THE
SYSTEM ABOVE GROUND IS A NETWORK OF SPECIALLY OR HYDRAULICALLY  DESIGNED
PIPING  INSTALLED  IN  A BUILDING, TO WHICH THE AUTOMATIC SPRINKLERS ARE
CONNECTED IN A SYSTEMATIC PATTERN. THE SYSTEM IS ACTIVATED BY HEAT  FROM
A FIRE AND DISCHARGES WATER OVER THE DESIGNATED AREA.
  2.  ON  OR  BEFORE  MARCH FIRST, TWO THOUSAND TWELVE, EACH EDUCATIONAL
FACILITY FOR STUDENT USE SHALL ADOPT A PLAN TO  CAUSE  ALL  SUCH  EDUCA-
TIONAL  FACILITIES  TO  BE  CONSTRUCTED OR RETROFITTED WITH AN AUTOMATIC
SPRINKLER SYSTEM. ALL RETROFITTING SHALL BE  COMPLETED  WITHIN  A  THREE
YEAR PERIOD FROM THE DATE ANY SUCH PLAN IS ADOPTED.
  3.  THE APPROPRIATE STATE AND LOCAL FIRE AND LAW ENFORCEMENT OFFICIALS
HAVING JURISDICTION SHALL BE RESPONSIBLE FOR ENFORCING THE PROVISIONS OF
THIS ARTICLE.
  4. WITHIN THE LIMIT OF FUNDS  MADE  AVAILABLE  BY  APPROPRIATION,  THE
DEPARTMENT IS HEREBY AUTHORIZED TO MAKE AWARDS TO EDUCATIONAL FACILITIES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16646-01-0
              

A. 11292                            2

FOR  THE  INSTALLATION  OF  AUTOMATIC  SPRINKLER  SYSTEMS AS REQUIRED BY
SUBDIVISION TWO OF THIS SECTION.
  S  2.  The sum of two million dollars ($2,000,000) is hereby appropri-
ated to the department of education out of any moneys in the state trea-
sury in the general fund to the credit of the  state  purposes  account,
not  otherwise  appropriated,  and  made  immediately available, for the
purpose of carrying out the provisions of this act. Such moneys shall be
payable on the audit and warrant of the comptroller on  vouchers  certi-
fied  or  approved by the commissioner of the department of education in
the manner prescribed by law.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.