S T A T E O F N E W Y O R K
________________________________________________________________________
4073
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
___________
Introduced by M. of A. THIELE, TEDISCO, CONTE, McDONOUGH -- Multi-Spon-
sored by -- M. of A. AMEDORE, CROUCH, KOLB, MOLINARO, OAKS, RAIA,
TOWNSEND -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to the frequency of
structural safety inspections of school buildings and building condi-
tion surveys
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 409-d of the education law, as
added by section 1 of part B of chapter 56 of the laws of 1998, is
amended to read as follows:
1. Program establishment. The commissioner is authorized and directed
to establish, develop and monitor a comprehensive public school building
safety program which shall include a uniform inspection, safety rating
and monitoring system. Such program shall require ONCE EVERY THREE YEARS
the [annual] inspection of all public school buildings throughout New
York state; establish a safety rating system for such school buildings
to assess the need for maintenance, repairs, rehabilitation, recon-
struction, construction and other improvements related to the structural
integrity and overall safety of public school buildings including but
not limited to building systems related to electrical, plumbing, heat-
ing, ventilation, and air conditioning, sanitation and health, fire and
accident protection; and require that such ratings be used for the
purpose of developing a buildings condition survey as required pursuant
to subdivision four of section thirty-six hundred forty-one of this
chapter and a five year facilities plan as required pursuant to clause
(i) of subparagraph two of paragraph b of subdivision six of section
thirty-six hundred two of this chapter.
S 2. Subdivision 3 of section 409-e of the education law, as added by
section 1 of part B of chapter 56 of the laws of 1998, is amended to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04043-01-9
A. 4073 2
3. Safety rating system. The commissioner shall develop pursuant to
regulations a safety rating system to be used by all school districts
and boards of cooperative educational services keyed to the structural
integrity and overall safety of the building and shall be developed
using data obtained from the building's [annual] inspection as required
by this article. Such safety rating system shall identify and assess the
condition of every major system component of every school building
including interior structures; building systems such as heating, venti-
lation, plumbing and electrical systems; exterior structures including
but not limited to roofs, masonry, stairs, and chimneys; and develop a
system which rates each building component based on at least the follow-
ing factors: overall safety; structural integrity; probable useful life;
need for repair or replacement; and maintenance. Such safety rating
shall include mechanisms which facilitate more frequent inspections and
repairs as determined necessary to protect the welfare and safety of
students and staff residing in such school buildings. This information
shall be used for purposes of developing a buildings condition survey as
required pursuant to section thirty-six hundred forty-one of this chap-
ter [and a five year facilities plan as required pursuant to clause (i)
of subparagraph two of paragraph (b) of subdivision six of section thir-
ty-six hundred two of this chapter].
S 3. Paragraph b of subdivision 4 of section 3641 of the education
law, as amended by section 27 of part A1 of chapter 58 of the laws of
2006, is amended to read as follows:
b. Building condition surveys. To be eligible for aid pursuant to
subdivision six-e of section thirty-six hundred two of this article,
building condition surveys shall be conducted by a licensed architect or
licensed professional engineer performing under a state contract entered
into pursuant to paragraph c of this subdivision AND PAID FOR BY THE
DEPARTMENT, shall assess the condition of all major building systems of
a school building, and shall be in the form and contain the information
prescribed by the commissioner. SUCH BUILDING CONDITION SURVEYS SHALL BE
CONDUCTED ONCE EVERY SIX YEARS. For purposes of this paragraph, "major
building systems" shall mean the electrical, plumbing, heating, venti-
lation and air conditioning systems, and the roof and other major struc-
tural elements of a school building.
S 4. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.