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.