S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5402
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2017
                                ___________
 
 Introduced  by  Sen.  LAVALLE -- (at request of the Division of Homeland
   Security and Emergency Services) -- read twice  and  ordered  printed,
   and when printed to be committed to the Committee on Finance
 
 AN  ACT to amend the executive law and the education law, in relation to
   college fire safety

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 3 of section 156-e of the execu-
 tive  law,  as amended by section 40 of part B of chapter 56 of the laws
 of 2010, is amended to read as follows:
   b. The authorities in a city having a population  of  one  million  or
 more  shall  exercise all of the rights, powers and duties pertaining to
 inspection of independent and public college buildings and  enforcement,
 WITH  THE EXCEPTION OF STATE-OPERATED INSTITUTIONS GOVERNED BY THE STATE
 UNIVERSITY OF NEW YORK BOARD OF TRUSTEES, provided in this  section  and
 section  eight  hundred seven-b of the education law[, without impairing
 any existing authority of such city].  A copy of all inspection  reports
 shall  be  filed  with  the office of fire prevention and control by the
 authorities conducting inspections.
   § 2. Subdivision 1 of section 807-b of the education law,  as  amended
 by  section 1 of part A of chapter 81 of the laws of 2002, is amended to
 read as follows:
   1. A. It shall be the duty  of  the  college  authorities  in  general
 charge  of  the  operation of any public or independent college to cause
 the buildings under the jurisdiction of such college  containing  class-
 room,  dormitory,  fraternities, sororities, laboratory, physical educa-
 tion, dining or recreational facilities for student use to be  inspected
 at  least  annually  for  fire hazards which might endanger the lives of
 students, teachers and employees therein.   [Inspections of  all  public
 and  independent college buildings, with the exception of those within a
 city having a population of one million or more, shall be  conducted  by

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

                                                            LBD10157-01-7

 S. 5402                             2

 the  state  office  of  fire prevention and control or a designee of the
 state fire administrator. An inspection report shall be produced by  the
 inspecting  agency  for  each  building  inspected.]  THE OFFICE OF FIRE
 PREVENTION  AND  CONTROL, BY AND THROUGH THE STATE FIRE ADMINISTRATOR OR
 THEIR DULY AUTHORIZED OFFICERS AND EMPLOYEES, SHALL HAVE  THE  RESPONSI-
 BILITY  TO  INSPECT BUILDINGS UNDER THE JURISDICTION OF PUBLIC AND INDE-
 PENDENT COLLEGES, WITH THE EXCEPTION OF THOSE IDENTIFIED IN PARAGRAPH  B
 OF THIS SUBDIVISION, FOR COMPLIANCE WITH THE UNIFORM FIRE PREVENTION AND
 BUILDING CODE, OR ANY OTHER APPLICABLE CODE, RULE OR REGULATION PERTAIN-
 ING TO FIRE SAFETY.
   B.  THE  AUTHORITIES  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE SHALL EXERCISE ALL OF THE RIGHTS, POWERS AND DUTIES  PERTAINING  TO
 INSPECTION  OF INDEPENDENT AND PUBLIC COLLEGE BUILDINGS WITHIN SUCH CITY
 AND ENFORCEMENT,  WITH  THE  EXCEPTION  OF  STATE-OPERATED  INSTITUTIONS
 GOVERNED BY THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES, PROVIDED
 IN  THIS  SECTION  AND  SECTION ONE HUNDRED FIFTY-SIX-E OF THE EXECUTIVE
 LAW. A COPY OF ALL INSPECTION REPORTS SHALL BE FILED WITH THE OFFICE  OF
 FIRE PREVENTION AND CONTROL BY THE AUTHORITIES CONDUCTING INSPECTIONS.
   § 3. This act shall take effect immediately.