NY State Senate Bill S4663

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 17, 2019	signed chap.679
Dec 10, 2019	delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading rules cal.637 substituted for a1906a referred to ways and means delivered to assembly passed senate ordered to third reading cal.1818 committee discharged and committed to rules
Jun 11, 2019	print number 4663b
Jun 11, 2019	amend and recommit to education
May 29, 2019	print number 4663a
May 29, 2019	amend and recommit to education
Mar 20, 2019	referred to education

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

S4663 - Details

See Assembly Version of this Bill:: A1906
Law Section:: Education Law
Laws Affected:: Amd §§807-a & 807-c, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S4495, A2985

S4663 - Summary

Relates to fire inspections in public and private schools; requires annual fire safety reports.

S4663 - Sponsor Memo

 
BILL NUMBER: S4663

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the education law, in relation to fire
inspections of public and private schools

 
PURPOSE OF THE BILL:

The bill will modernize the process of conducting annual fire inspection
reports for public and private schools.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 807-a of the education law as it
relates to annual fire inspections in public and private school build-
ings.  The bill requires the schools to request inspection from the
local fire department, county fire coordinator or certified fire inspec-
tor.  The bill allows certain notices to be posted and mailed electron-
ically.  The bill provides for recourse if schools fail to comply with
the annual fire inspection process. It clarifies the current power of
the commissioner to deny the certificate of occupancy if a public school

fails to correct deficiencies following an inspection. If a private
school fails to comply with the requirement, the commissioner must
inspect or request a local authority to inspect the building. If the
school fails to provide access to an inspector or fails to correct
violations in a timely manner then the commissioner notify, in writing,
the local government of the school's failure to comply. The bill clari-
fies which authorities may inspect the schools at any reasonable time.

Section two of the bill amends section 807-c as it relates to renumber-
ing amended references.

Section three of the bill relates to the effective date.

 
JUSTIFICATION:

This bill modernizes the law to take into account changes in how these
inspections are conducted. It will remove the ability of persons who are
not qualified to conduct the inspection to do so. It also provides
schools with flexibility in meeting the public notice requirements and
eliminates the "hold harmless" provision which allow inspectors who made
errors on an inspection reports to not be held liable.

Current law requires schools to submit an annual fire safety report
which includes an inspection of school buildings. There is no recourse
for schools who fail to submit an annual fire safety report in a timely
manner or at all.

This bill requires the commissioner of education to take action if a
private school does not comply with the inspection requirement.
Currently, the commissioner has the ability to take action if a public
school fails to comply with the inspection requirement but there is no
similar process for private schools. Under the legislation, if a private
school fails to comply, the commissioner shall order the school to be
inspected and if the inspection is refused, they must notify the local
government who has jurisdiction over the school of their non-compliance.
This will provide the State Education Department with the necessary
enforcement mechanism to ensure compliance with this requirement and the
safety of school buildings.
 
PRIOR LEGISLATIVE HISTORY:

A.2985-A of 2017-18

 
FISCAL IMPLICATIONS FOR STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

S4663 - Bill Text download pdf


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

                                  4663

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 20, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to  fire  inspections  of
  public and private schools

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

  Section 1. Section 807-a of the education law, as added by chapter 871
of the laws of 1955, subdivision 1 as  amended  and  subdivision  10  as
added  by  chapter  981  of  the  laws  of 1963, subdivisions 2 and 3 as
amended by chapter 607 of the laws of 1964, subparagraphs  4  and  5  of
paragraph  a  of  subdivision  3  and  paragraph  a of subdivision 10 as
amended by chapter 284 of the laws of 1971, paragraph b of subdivision 3
as amended by chapter 511 of the laws of 1974, subdivision 4 as  amended
by  chapter 225 of the laws of 1979, subdivision 5 as amended by chapter
700 of the laws of 1971, paragraph a of  subdivision  5  as  amended  by
chapter 464 of the laws of 1975, subdivision 6 as amended by chapter 165
of the laws of 2006, subdivision 7 as amended by chapter 536 of the laws
of  1981,  and  subdivision  11 as amended by chapter 380 of the laws of
1976, is amended to read as follows:
  § 807-a. Fire inspections. 1. It shall  be  the  duty  of  the  school
authorities  in general charge of the operation of any public or private
school to cause the  buildings  of  such  school  containing  classroom,
dormitory, laboratory, physical education, dining or recreational facil-
ities for student use to be inspected at least annually for fire hazards
which might endanger the lives of students, teachers and employees ther-
ein.
  2.  The annual fire inspection shall be made prior to the first day of
December of every school year and the report thereof shall be  filed  by
the  school  authorities  in  the places required by subdivision five of
this section no later than the sixteenth day of December of  every  such
year.

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

                                                           LBD01579-01-9

S. 4663                             2

  3.  a. The school authorities shall cause any fire inspection pursuant
to this section to be made by one  of  the  following  methods,  or  any
combination of such methods:
  (1)  [Employing,  either  regularly  or specially, persons who, in the
judgment of the school  authorities,  are  qualified  to  make  such  an
inspection, or any phase thereof.
  (2) Contracting for the making of such inspections, or any phase ther-
eof,  by  persons  who,  in  the judgment of the school authorities, are
qualified.
  (3)] Requesting inspection by the fire department of any  city,  town,
village or fire district in which the building is located.
  [(4)] (2) Requesting inspection by a fire corporation which is subject
to  the provisions of section fourteen hundred two of the not-for-profit
corporation law, if such building is located within the  area  described
in the certificate of incorporation of any such corporation.
  [(5)] (3) Requesting inspection by the county fire coordinator, or the
officer  performing  the  powers and duties of a county fire coordinator
pursuant to a local law, of the county in which the building is located,
or by any deputy county fire coordinator or deputy of such other officer
so performing the powers and duties of a county fire coordinator  desig-
nated  to  make  the  inspection  by the county fire coordinator or such
other officer so performing the powers and duties of a county fire coor-
dinator, if the building is located outside a city,  town,  village,  or
fire  district,  which  has its own fire department and outside the area
described in the certificate of incorporation of  any  fire  corporation
which  is  subject  to the provisions of section fourteen hundred two of
the not-for-profit corporation law.
  (4) REQUESTING INSPECTION BY A  FIRE  INSPECTOR,  WHO  HOLDS  A  VALID
CERTIFICATION.
  b.  [If any such inspection, or phase thereof, is to be made by either
of the methods specified in subparagraphs (1) and (2) of paragraph a  of
this subdivision, the school authorities shall give reasonable notice of
the  date  and time such inspection is to be made to the chief, or other
comparable officer, of any fire department, or fire  corporation,  which
has  the  regular duty of fighting fire in the building to be inspected.
Such officer, or any subordinate  designated  by  him,  may  be  present
during  the  inspection  and may also file a report of inspection in the
manner provided in this section.
  c.] If any fire department, CERTIFIED FIRE INSPECTOR  or  fire  corpo-
ration  described in subparagraphs [(3)] (1), (2) and (4) of paragraph a
of this subdivision shall fail or  refuse  to  make  a  fire  inspection
promptly after having been requested to do so by the school authorities,
THE  REQUEST  SHALL  BE DENIED IN WRITING TO the school authorities [may
request the county fire  coordinator,  or  the  officer  performing  the
powers  and duties of a county fire coordinator pursuant to a local law,
of the county in which the building is located to make such  inspection.
It shall be the duty of the county fire coordinator, or such other offi-
cer so performing the powers and duties of a county fire coordinator, in
such  case  to  make  such inspection or cause it to be made by a deputy
whom he shall designate] WITH AN EXPLANATION OF  WHY  SUCH  REQUEST  WAS
DENIED. IN NO EVENT MAY AN AUTHORITY WHO IS OTHERWISE REQUIRED BY LAW TO
CONDUCT FIRE INSPECTIONS IN SUCH MUNICIPALITY OR A COUNTY FIRE COORDINA-
TOR REFUSE A REQUEST BY A SCHOOL AUTHORITY FOR SUCH INSPECTION.
  [d.]  C.  Regardless  of  the method or methods used to accomplish the
inspection required by this section, the [person] AUTHORITY  making  the

S. 4663                             3

inspection  shall file the report thereof with the school authorities no
later than the first day of December.
  4.  The  state fire administrator shall prescribe the form of the fire
inspection report and the commissioner [of education]  shall  furnish  a
supply  of  such  form to school authorities ANNUALLY, EITHER BY MAIL OR
ELECTRONICALLY.  In prescribing such form the state  fire  administrator
shall consider standards for fire safety set forth in the state building
construction  code,  the state building conservation and fire prevention
code, the regulations of the commissioner [of education] and other safe-
ty standards.
  5. a. The report of any fire inspection shall be filed in  the  office
of  the school authorities and with the commissioner [of education]. All
such reports [so] filed in any public office shall  be  kept  as  public
records  for  at  least  three  years  after  which  period  they may be
destroyed.
  b. Within twenty days after the [filing of the] report IS  FILED  with
the school authorities, the school authorities shall cause public notice
of  the filing of such report to be given in substantially the following
form:    "Notice  is  hereby  given  that  the  annual  inspection   for
     (year)                                                           of
the                      school building (or of the
and        school buildings) of (name  of  school  district  or  private
school)  for  fire  hazards  which might endanger the lives of students,
teachers and employees therein, has been completed and the report there-
of is available at the office of (school  district  or  private  school)
at        for  inspection  by all interested persons". If the inspection
was not made for the school authorities by the fire department  or  fire
company  responsible  for fire protection of the building, such authori-
ties shall cause a copy of such notice to be  mailed  OR  ELECTRONICALLY
TRANSMITTED to the chief of such fire department or company.
  c. The school authorities of public schools shall cause such notice to
be  published  ON  THE SCHOOL'S WEBSITE OR at least once in the official
newspaper, or if there is no official newspaper, in a  newspaper  having
general circulation in the school district, and if there is no newspaper
having  general  circulation in the district, shall cause such notice to
be posted in ten conspicuous places in the district.  Proof of  publica-
tion  or  posting  of  such  notice and of the mailing of a copy of such
notice to the fire chief shall be filed in the office of the district.
  d. The school authorities of private schools shall cause  such  notice
to  be published ON THE SCHOOL'S WEBSITE OR at least once in a newspaper
having general circulation in the postal area in which the school build-
ing is located, and if there is no newspaper having general  circulation
in  such  postal  area,  shall  cause  such  notice  to be posted in ten
conspicuous places in such postal area.  Proof of posting or publication
of such notice and of the mailing of a copy of such notice to  the  fire
chief shall be filed in the school office.
  e.  If  the report shows any alleged deficiencies, the school authori-
ties shall [give at least five days notice by mail to the chief  of  the
fire  department  or fire company responsible for fire protection of the
school building of the date and place of  a  meeting  of  the  trustees,
board of education, or corresponding officers by whatever name known, to
be held within thirty days following the publication or posting required
by  this  section,  and shall at such meeting confer with the fire chief
concerning the alleged deficiencies appearing on the  inspection  report
and  the  measures  proposed  to  be  taken by the school authorities to
correct such deficiencies.

S. 4663                             4

  f. In each such school district  subject  to  the  jurisdiction  of  a
district  superintendent  under  the provisions of article forty-five of
the education law, such district superintendent shall ascertain that the
notices required by this subdivision have been published or posted,  and
mailed, and any conference with the fire chief required by this subdivi-
sion  has  been  had]  PROVIDE  THE DETAILS OF SUCH DEFICIENCIES AND THE
PROPOSED ACTIONS TO BE TAKEN TO CORRECT SUCH DEFICIENCIES TO  THE  LOCAL
GOVERNMENT THAT ADMINISTERS AND ENFORCES THE UNIFORM FIRE PREVENTION AND
BUILDING CODE FOR THE MUNICIPALITY IN WHICH THE BUILDING IS LOCATED.
  6.  A.  It shall be the duty of the commissioner to ascertain annually
whether the inspections of school buildings  required  by  this  section
have  been  made  and  the  reports of the inspection have been filed in
their respective offices. The commissioner shall review the  reports  of
inspection  filed  pursuant to this section and may make recommendations
to the school authorities with  respect  to  any  problems  relating  to
school fire safety noted in such reports. The commissioner shall require
a re-inspection of school buildings where a report of inspection identi-
fied  violations  [that,  if uncorrected, would cause the department to]
UNTIL IT IS DEMONSTRATED TO THE SATISFACTION OF  THE  COMMISSIONER  THAT
SAID  VIOLATIONS  HAVE BEEN CORRECTED. IN THE EVENT THAT A PUBLIC SCHOOL
FAILS TO CORRECT VIOLATIONS FOLLOWING A RE-INSPECTION, THE  COMMISSIONER
MAY  deny  an  annual certificate of occupancy to such school building[,
and shall require additional re-inspections until it is demonstrated  to
the  satisfaction  of  the  commissioner  that said violations have been
corrected]. The commissioner may inspect or cause to be inspected at any
reasonable time for fire prevention and  fire  protection  purposes  the
school buildings required to be inspected by this section.
  B.    IN  THE EVENT A PRIVATE SCHOOL HAS FAILED TO FILE AN ANNUAL FIRE
SAFETY REPORT WITH THE DEPARTMENT WITHIN NINETY DAYS OF THE SIXTEENTH OF
DECEMBER, THE COMMISSIONER SHALL INSPECT OR REQUEST AN APPROPRIATE LOCAL
AUTHORITY, DESCRIBED IN SUBDIVISION SEVEN OF THIS  SECTION,  TO  INSPECT
THE  SCHOOL. IF A PRIVATE SCHOOL EITHER REFUSES ACCESS FOR AN INSPECTION
PURSUANT TO THIS PARAGRAPH, OR DOES NOT CORRECT VIOLATIONS IDENTIFIED IN
SUCH REPORT IN A TIMELY MANNER, THE COMMISSIONER SHALL IMMEDIATELY NOTI-
FY, IN WRITING, THE LOCAL GOVERNMENT WHO ISSUES THE CERTIFICATE OF OCCU-
PANCY FOR THE SCHOOL OF THEIR FAILURE TO FILE A FIRE SAFETY REPORT.
  7. a. Every public or private  school  required  to  be  inspected  as
hereinabove  provided  may  be  inspected  for  fire prevention and fire
protection purposes at any reasonable time by:
  (1) the chief of the fire department of the  city,  town,  village  or
fire district in which the school is located,
  (2)  the chief of a fire corporation having its headquarters outside a
village or fire district, if the school is located in the area described
in the certificate of incorporation of such company,
  (3) the chief of the fire department or fire  company  affording  fire
protection  to  a fire district, fire protection district, or fire alarm
district pursuant to a contract, if the school is located  in  any  such
district,
  (4)  the  member  of  any  fire  department  or fire company listed in
subparagraph one, two or three of this paragraph assigned by  the  chief
thereof the duty of inspecting school buildings[.],
  (5)  THE FIRE INSPECTOR, WHO HOLDS A VALID CERTIFICATION, OF ANY CITY,
TOWN, VILLAGE OR FIRE DISTRICT IN WHICH THE BUILDING IS LOCATED,
  (6) THE COUNTY FIRE COORDINATOR, OR THE OFFICER PERFORMING THE  POWERS
AND  DUTIES OF A COUNTY FIRE COORDINATOR PURSUANT TO A LOCAL LAW, OF THE
COUNTY IN WHICH THE BUILDING IS LOCATED.

S. 4663                             5

  b. In no event shall the school authorities of any public  or  private
school,  required to be inspected as hereinabove provided, refuse access
at any reasonable time to any person  described  in  subparagraphs  one,
two,  three [and], four, FIVE OR SIX of paragraph a of this subdivision,
who  appears  for  the  purpose  of  conducting  an  inspection for fire
prevention or fire protection  purposes;  provided,  however,  that  the
administrator  or  the designee of the administrator of the school to be
inspected shall be given  the  opportunity  to  be  present  during  the
inspection.
  8.  [Any person, or any public or other corporation for which any such
person acts, shall not be liable for any  error,  omission  or  lack  of
thoroughness  in  the  making  of  the inspection and report required or
permitted by this section.
  9.] The term "school authorities", as used in this section, means,  in
relation  to  public  schools,  the  trustees, or board of education, or
corresponding officers, whether one or more, and by whatever name  known
of a city school district, or other school district however created, or,
in  relation  to private schools, the board of trustees, board of direc-
tors, or other governing board in general charge of the operation of any
such school.
  [10.] 9. The term "private school", as used in this section, means:
  a. Any nursery school or kindergarten attended by six or  more  pupils
three  years of age or older which may apply for registration by the New
York state education department pursuant to part one hundred twenty-five
of title eight of the official compilation of  codes,  rules  and  regu-
lations  of  the state of New York; provided, however, that this section
shall not apply to day care facilities  possessing  a  valid  permit  as
required by section three hundred ninety of the social services law; or
  b.  Any establishment, other than a public school, attended by twenty-
five or more pupils for the purpose  of  receiving  the  instruction  of
academic grade at the elementary or secondary level required by part one
of article sixty-five of this chapter.
  [11.]  10.  This  section shall not apply to the school authorities in
the cities of New York, Buffalo, Rochester, Syracuse and Yonkers  or  to
colleges and universities.
  §  2.  Subdivision 1 of section 807-c of the education law, as amended
by chapter 1015 of the laws of 1974, is amended to read as follows:
  1. The school authorities designated in subdivision  [nine]  EIGHT  of
section eight hundred seven-a of this [chapter] ARTICLE in charge of the
operation  of  any  public school or of any private school designated in
subdivision [ten] NINE of such section, located in an area within  which
a fire department or fire company is responsible for fire protection and
within  which  there  is no electrically or electronically operated fire
alarm reporting system provided for public use may  cause  the  internal
fire  alarm, fire detection, or fire extinguishing system of each build-
ing in which is contained  classroom,  dormitory,  laboratory,  physical
education,  dining  or  recreational  facilities  for  student use to be
interconnected with the fire alarm reporting location or system which is
provided for such fire department or fire company to receive alarms from
the public so that upon activation of such  internal  fire  alarm,  fire
detection,  or  fire extinguishing system a signal will be automatically
transmitted to such fire alarm reporting location or system.
  § 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

S4663A - Details

See Assembly Version of this Bill:: A1906
Law Section:: Education Law
Laws Affected:: Amd §§807-a & 807-c, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S4495, A2985

S4663A - Summary

Relates to fire inspections in public and private schools; requires annual fire safety reports.

S4663A - Sponsor Memo

 
BILL NUMBER: S4663A

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the education law, in relation to fire
inspections of public and private schools

 
PURPOSE: OF THE BILL:

The bill will modernize the process of conducting annual fire inspection
reports for public and private schools.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 807-a of the education law as it
relates to annual fire inspections in public and private school build-
ings. The bill requires the schools to request inspection from the local
fire department or certified fire inspector.

The bill allows certain notices to be posted and mailed electronically.
The bill provides for recourse if schools fail to comply with the annual
fire inspection process. It clarifies the current power of the commis-

sioner to deny the certificate of occupancy if a public school fails to
correct deficiencies following an inspection. If a private school fails
to comply with the requirement, the commissioner must inspect or request
a local authority to inspect the building. If the school fails to
provide access to an inspector or fails to correct violations in a time-
ly manner then the commissioner notify, in writing, the local government
of the school's failure to comply. The bill clarifies which authorities
may inspect the schools at any reasonable

Section two of the bill amends section 807-c as it relates to renumber-
ing amended references.

Section three of the bill relates to the effective date.

 
JUSTIFICATION:

This bill modernizes the law to take into account changes in how these
inspections are conducted. It will remove the ability of persons who are
not qualified to conduct the inspection to do so. It also provides
schools with flexibility in meeting the public notice requirements and
eliminates the "hold harmless" provision which allow inspectors who made
errors on an inspection reports to not be held liable.

Current law requires schools to submit an annual fire safety report
which includes an inspection of school buildings. There is no recourse
for schools who fail to submit an annual fire safety report in a timely
manner or at all.

This bill requires the commissioner of education to take action if a
private school does not comply with the inspection requirement.
Currently, the commissioner has the ability to take action if a public
school fails to comply with the inspection requirement but the re is no
similar process for private schools. Under the legislation, if a private
school fails to comply, the commissioner shall order the school to be
inspected and if the inspection is refused, they must notify the local
government who has jurisdiction over the school of their non-compliance.
This will provide the State Education Department with the necessary

enforcement mechanism to ensure compliance with this requirement and the
safety of school buildings.

 
PRIOR LEGISLATIVE HISTORY:

A.2985-A of 2017-18

 
FISCAL IMPLICATIONS FOR STATE:  None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

S4663A - Bill Text download pdf


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

                                 4663--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 20, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the education law, in relation to fire inspections of
  public and private schools

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

  Section 1. Section 807-a of the education law, as added by chapter 871
of  the  laws  of  1955,  subdivision 1 as amended and subdivision 10 as
added by chapter 981 of the laws  of  1963,  subdivisions  2  and  3  as
amended  by  chapter  607  of the laws of 1964, subparagraphs 4 and 5 of
paragraph a of subdivision 3  and  paragraph  a  of  subdivision  10  as
amended by chapter 284 of the laws of 1971, paragraph b of subdivision 3
as  amended by chapter 511 of the laws of 1974, subdivision 4 as amended
by chapter 225 of the laws of 1979, subdivision 5 as amended by  chapter
700  of  the  laws  of  1971, paragraph a of subdivision 5 as amended by
chapter 464 of the laws of 1975, subdivision 6 as amended by chapter 165
of the laws of 2006, subdivision 7 as amended by chapter 536 of the laws
of 1981, and subdivision 11 as amended by chapter 380  of  the  laws  of
1976, is amended to read as follows:
  § 807-a. Fire  inspections.  1.  It  shall  be  the duty of the school
authorities in general charge of the operation of any public or  private
school  to  cause  the  buildings  of  such school containing classroom,
dormitory, laboratory, physical education, dining or recreational facil-
ities for student use to be inspected at least annually for fire hazards
which might endanger the lives of students, teachers and employees ther-
ein.
  2. The annual fire inspection shall be made prior to the first day  of
December  of  every school year and the report thereof shall be filed by
the school authorities in the places required  by  subdivision  five  of

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

                                                           LBD01579-04-9

S. 4663--A                          2

this  section  no later than the sixteenth day of December of every such
year.
  3.  a. The school authorities shall cause any fire inspection pursuant
to this section to be made by one  of  the  following  methods,  or  any
combination of such methods:
  (1)  [Employing,  either  regularly  or specially, persons who, in the
judgment of the school  authorities,  are  qualified  to  make  such  an
inspection, or any phase thereof.
  (2) Contracting for the making of such inspections, or any phase ther-
eof,  by  persons  who,  in  the judgment of the school authorities, are
qualified.
  (3)] Requesting inspection by the fire department of any  city,  town,
village or fire district in which the building is located.
  [(4)] (2) Requesting inspection by a fire corporation which is subject
to  the provisions of section fourteen hundred two of the not-for-profit
corporation law, if such building is located within the  area  described
in the certificate of incorporation of any such corporation.
  [(5)] (3) Requesting inspection by the county fire coordinator, or the
officer  performing  the  powers and duties of a county fire coordinator
pursuant to a local law, of the county in which the building is located,
or by any deputy county fire coordinator or deputy of such other officer
so performing the powers and duties of a county fire coordinator  desig-
nated  to  make  the  inspection  by the county fire coordinator or such
other officer so performing the powers and duties of a county fire coor-
dinator, if the building is located outside a city,  town,  village,  or
fire  district,  which  has its own fire department and outside the area
described in the certificate of incorporation of  any  fire  corporation
which  is  subject  to the provisions of section fourteen hundred two of
the not-for-profit corporation law.
  (4) REQUESTING INSPECTION BY A  FIRE  INSPECTOR,  WHO  HOLDS  A  VALID
CERTIFICATION.
  b.  [If any such inspection, or phase thereof, is to be made by either
of the methods specified in subparagraphs (1) and (2) of paragraph a  of
this subdivision, the school authorities shall give reasonable notice of
the  date  and time such inspection is to be made to the chief, or other
comparable officer, of any fire department, or fire  corporation,  which
has  the  regular duty of fighting fire in the building to be inspected.
Such officer, or any subordinate  designated  by  him,  may  be  present
during  the  inspection  and may also file a report of inspection in the
manner provided in this section.
  c.] If any fire department, CERTIFIED FIRE INSPECTOR  or  fire  corpo-
ration  described  in  subparagraphs [(3) and (4)] ONE, TWO, AND FOUR of
paragraph a of this subdivision shall fail or  refuse  to  make  a  fire
inspection  promptly  after having been requested to do so by the school
authorities, THE REQUEST SHALL  BE  DENIED  IN  WRITING  TO  the  school
authorities  [may  request  the  county fire coordinator, or the officer
performing the powers and duties of a county fire  coordinator  pursuant
to  a  local law, of the county in which the building is located to make
such inspection. It shall be the duty of the county fire coordinator, or
such other officer so performing the powers and duties of a county  fire
coordinator, in such case to make such inspection or cause it to be made
by  a  deputy  whom  he shall designate] WITH AN EXPLANATION OF WHY SUCH
REQUEST WAS DENIED. IN NO  EVENT  MAY  AN  AUTHORITY  WHO  IS  OTHERWISE
REQUIRED  BY  LAW  TO CONDUCT FIRE INSPECTIONS IN SUCH MUNICIPALITY OR A
COUNTY FIRE COORDINATOR REFUSE A REQUEST BY A SCHOOL AUTHORITY FOR  SUCH
INSPECTION.

S. 4663--A                          3

  [d.]  C.  Regardless  of  the method or methods used to accomplish the
inspection required by this section, the [person] AUTHORITY  making  the
inspection  shall file the report thereof with the school authorities no
later than the first day of December.
  4.  The  state fire administrator shall prescribe the form of the fire
inspection report and the commissioner [of education]  shall  furnish  a
supply  of  such  form to school authorities ANNUALLY, EITHER BY MAIL OR
ELECTRONICALLY.  In prescribing such form the state  fire  administrator
shall consider standards for fire safety set forth in the state building
construction  code,  the state building conservation and fire prevention
code, the regulations of the commissioner [of education] and other safe-
ty standards.
  5. a. The report of any fire inspection shall be filed in  the  office
of  the school authorities and with the commissioner [of education]. All
such reports [so] filed in any public office shall  be  kept  as  public
records  for  at  least  three  years  after  which  period  they may be
destroyed.
  b. Within twenty days after the [filing of the] report IS  FILED  with
the school authorities, the school authorities shall cause public notice
of  the filing of such report to be given in substantially the following
form:    "Notice  is  hereby  given  that  the  annual  inspection   for
     (year)                                                           of
the                      school building (or of the
and        school buildings) of (name  of  school  district  or  private
school)  for  fire  hazards  which might endanger the lives of students,
teachers and employees therein, has been completed and the report there-
of is available at the office of (school  district  or  private  school)
at        for  inspection  by all interested persons". If the inspection
was not made for the school authorities by the fire department  or  fire
company  responsible  for fire protection of the building, such authori-
ties shall cause a copy of such notice to be  mailed  OR  ELECTRONICALLY
TRANSMITTED to the chief of such fire department or company.
  c. The school authorities of public schools shall cause such notice to
be  published  ON  THE SCHOOL'S WEBSITE OR at least once in the official
newspaper, or if there is no official newspaper, in a  newspaper  having
general circulation in the school district, and if there is no newspaper
having  general  circulation in the district, shall cause such notice to
be posted in ten conspicuous places in the district.  Proof of  publica-
tion  or  posting  of  such  notice and of the mailing of a copy of such
notice to the fire chief shall be filed in the office of the district.
  d. The school authorities of private schools shall cause  such  notice
to  be published ON THE SCHOOL'S WEBSITE OR at least once in a newspaper
having general circulation in the postal area in which the school build-
ing is located, and if there is no newspaper having general  circulation
in  such  postal  area,  shall  cause  such  notice  to be posted in ten
conspicuous places in such postal area.  Proof of posting or publication
of such notice and of the mailing of a copy of such notice to  the  fire
chief shall be filed in the school office.
  e.  If  the report shows any alleged deficiencies, the school authori-
ties shall [give at least five days notice by mail to the chief  of  the
fire  department  or fire company responsible for fire protection of the
school building of the date and place of  a  meeting  of  the  trustees,
board of education, or corresponding officers by whatever name known, to
be held within thirty days following the publication or posting required
by  this  section,  and shall at such meeting confer with the fire chief
concerning the alleged deficiencies appearing on the  inspection  report

S. 4663--A                          4

and  the  measures  proposed  to  be  taken by the school authorities to
correct such deficiencies.
  f.  In  each  such  school  district  subject to the jurisdiction of a
district superintendent under the provisions of  article  forty-five  of
the education law, such district superintendent shall ascertain that the
notices  required by this subdivision have been published or posted, and
mailed, and any conference with the fire chief required by this subdivi-
sion has been had] PROVIDE THE DETAILS  OF  SUCH  DEFICIENCIES  AND  THE
PROPOSED  ACTIONS  TO BE TAKEN TO CORRECT SUCH DEFICIENCIES TO THE LOCAL
GOVERNMENT THAT ADMINISTERS AND ENFORCES THE UNIFORM FIRE PREVENTION AND
BUILDING CODE FOR THE MUNICIPALITY IN WHICH THE BUILDING IS LOCATED.
  6. A. It shall be the duty of the commissioner to  ascertain  annually
whether  the  inspections  of  school buildings required by this section
have been made and the reports of the  inspection  have  been  filed  in
their  respective  offices. The commissioner shall review the reports of
inspection filed pursuant to this section and may  make  recommendations
to  the  school  authorities  with  respect  to any problems relating to
school fire safety noted in such reports. The commissioner shall require
a re-inspection of school buildings where a report of inspection identi-
fied violations [that, if uncorrected, would cause  the  department  to]
UNTIL  IT  IS  DEMONSTRATED TO THE SATISFACTION OF THE COMMISSIONER THAT
SAID VIOLATIONS HAVE BEEN CORRECTED. IN THE EVENT THAT A  PUBLIC  SCHOOL
FAILS  TO CORRECT VIOLATIONS FOLLOWING A RE-INSPECTION, THE COMMISSIONER
MAY deny an annual certificate of occupancy to  such  school  building[,
and  shall require additional re-inspections until it is demonstrated to
the satisfaction of the commissioner  that  said  violations  have  been
corrected]. The commissioner may inspect or cause to be inspected at any
reasonable  time  for  fire  prevention and fire protection purposes the
school buildings required to be inspected by this section.
  B.  IN THE EVENT A PRIVATE SCHOOL HAS FAILED TO FILE  AN  ANNUAL  FIRE
SAFETY REPORT WITH THE DEPARTMENT WITHIN NINETY DAYS OF THE SIXTEENTH OF
DECEMBER, THE COMMISSIONER SHALL INSPECT OR REQUEST AN APPROPRIATE LOCAL
AUTHORITY,  DESCRIBED  IN  SUBDIVISION SEVEN OF THIS SECTION, TO INSPECT
THE SCHOOL. IF A PRIVATE SCHOOL EITHER REFUSES ACCESS FOR AN  INSPECTION
PURSUANT TO THIS PARAGRAPH, OR DOES NOT CORRECT VIOLATIONS IDENTIFIED IN
SUCH REPORT IN A TIMELY MANNER, THE COMMISSIONER SHALL IMMEDIATELY NOTI-
FY, IN WRITING, THE LOCAL GOVERNMENT WHO ISSUES THE CERTIFICATE OF OCCU-
PANCY FOR THE SCHOOL OF THEIR FAILURE TO FILE A FIRE SAFETY REPORT.
  7.  a.  Every  public  or  private  school required to be inspected as
hereinabove provided may be  inspected  for  fire  prevention  and  fire
protection purposes at any reasonable time by:
  (1)  the  chief  of  the fire department of the city, town, village or
fire district in which the school is located,
  (2) the chief of a fire corporation having its headquarters outside  a
village or fire district, if the school is located in the area described
in the certificate of incorporation of such company,
  (3)  the  chief  of the fire department or fire company affording fire
protection to a fire district, fire protection district, or  fire  alarm
district  pursuant  to  a contract, if the school is located in any such
district,
  (4) the member of any  fire  department  or  fire  company  listed  in
subparagraph  one,  two or three of this paragraph assigned by the chief
thereof the duty of inspecting school buildings[.],
  (5) THE FIRE INSPECTOR, WHO HOLDS A VALID CERTIFICATION, OF ANY  CITY,
TOWN, VILLAGE OR FIRE DISTRICT IN WHICH THE BUILDING IS LOCATED.

S. 4663--A                          5

  b.  In  no event shall the school authorities of any public or private
school, required to be inspected as hereinabove provided, refuse  access
at  any  reasonable  time  to any person described in subparagraphs one,
two, three [and], four, FIVE OR SIX of paragraph a of this  subdivision,
who  appears  for  the  purpose  of  conducting  an  inspection for fire
prevention or fire protection  purposes;  provided,  however,  that  the
administrator  or  the designee of the administrator of the school to be
inspected shall be given  the  opportunity  to  be  present  during  the
inspection.
  8.  [Any person, or any public or other corporation for which any such
person acts, shall not be liable for any  error,  omission  or  lack  of
thoroughness  in  the  making  of  the inspection and report required or
permitted by this section.
  9.] The term "school authorities", as used in this section, means,  in
relation  to  public  schools,  the  trustees, or board of education, or
corresponding officers, whether one or more, and by whatever name  known
of a city school district, or other school district however created, or,
in  relation  to private schools, the board of trustees, board of direc-
tors, or other governing board in general charge of the operation of any
such school.
  [10.] 9. The term "private school", as used in this section, means:
  a. Any nursery school or kindergarten attended by six or  more  pupils
three  years of age or older which may apply for registration by the New
York state education department pursuant to part one hundred twenty-five
of title eight of the official compilation of  codes,  rules  and  regu-
lations  of  the state of New York; provided, however, that this section
shall not apply to day care facilities  possessing  a  valid  permit  as
required by section three hundred ninety of the social services law; or
  b.  Any establishment, other than a public school, attended by twenty-
five or more pupils for the purpose  of  receiving  the  instruction  of
academic grade at the elementary or secondary level required by part one
of article sixty-five of this chapter.
  [11.]  10.  This  section shall not apply to the school authorities in
the cities of New York, Buffalo, Rochester, Syracuse and Yonkers  or  to
colleges and universities.
  §  2.  Subdivision 1 of section 807-c of the education law, as amended
by chapter 1015 of the laws of 1974, is amended to read as follows:
  1. The school authorities designated in subdivision  [nine]  EIGHT  of
section eight hundred seven-a of this [chapter] ARTICLE in charge of the
operation  of  any  public school or of any private school designated in
subdivision [ten] NINE of such section, located in an area within  which
a fire department or fire company is responsible for fire protection and
within  which  there  is no electrically or electronically operated fire
alarm reporting system provided for public use may  cause  the  internal
fire  alarm, fire detection, or fire extinguishing system of each build-
ing in which is contained  classroom,  dormitory,  laboratory,  physical
education,  dining  or  recreational  facilities  for  student use to be
interconnected with the fire alarm reporting location or system which is
provided for such fire department or fire company to receive alarms from
the public so that upon activation of such  internal  fire  alarm,  fire
detection,  or  fire extinguishing system a signal will be automatically
transmitted to such fire alarm reporting location or system.
  § 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

S4663B (ACTIVE) - Details

See Assembly Version of this Bill:: A1906
Law Section:: Education Law
Laws Affected:: Amd §§807-a & 807-c, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S4495, A2985

S4663B (ACTIVE) - Summary

Relates to fire inspections in public and private schools; requires annual fire safety reports.

S4663B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4663B

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the education law, in relation to fire
inspections of public and private schools

 
PURPOSE OR GENERAL IDEA OF BILL:

To help prevent the abuse and diversion of opioid analgesic drugs by
ensuring that abuse-deterrent drugs approved by the FDA are accessible
to patients and that that insurance coverage does not disadvantage
access for patients to drugs approved by the FDA as abuse-deterrent.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 11 to section 273 of the public health
law to ensure patient access to abuse-deterrent opioid analgesic drugs
by requiring that a minimum of one opioid abuse-deterrent opioid anal-
gesic drug per opioid analgesic active ingredient is covered by insur-
ance plans and to ensure that a patient is not required to take a non-a-
buse deterrent opioid before an abuse-deterrent opioid version.

Section 2 adds a new section 3216-a to the insurance law to ensure
patient access to abuse-deterrent opioid analgesic drugs by requiring
that a minimum of one opioid abuse-deterrent opioid analgesic drug per
opioid analgesic active ingredient is covered by insurance plans and to
ensure that a patient is not required to take a non-abuse deterrent
opioid before an abuse-deterrent opioid version.

Section 3 is the effective date of the bill.

 
JUSTIFICATION:

Abuse deterrent formulations (ADFs) represent a breakthrough technology
that helps prevent the crushing, snorting, and injection of painkillers.

Currently, many prescription drug plans present access barriers for
chronic pain patients to ADFs including cost-sharing tiers, fail-first
requirements, and prior authorization requirements. Instead of receiving
ADFs, often patients are limited to using traditional opioids that can
be easily diverted, crushed, snorted, and injected.

The U.S. Food and Drug Administration (FDA)is encouraging the develop-
ment of prescription opioids with abuse-deterrent formulations to help
combat the opioid crisis. The agency recognizes that abuse-deterrent
opioids are not abuse- or addiction-proof but are a step toward products
that may help reduce abuse.

According to the FDA, "abuse-deterrent formulations target the known or
expected routes of abuse, such as crushing in order to snort or dissolv-
ing in order to inject, for the specific opioid drug substance. The
science of abuse deterrence is relatively new, and both the formulation
technologies and the analytical, clinical, and statistical methods for
evaluating those technologies are rapidly evolving."

 
PRIOR LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 120th day, and shall apply to all
policies and contracts issued, renewed, modified, altered or amended on
or after such date.

S4663B (ACTIVE) - Bill Text download pdf


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

                                 4663--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 20, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to  fire  inspections  of
  public and private schools

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

  Section 1. Section 807-a of the education law, as added by chapter 871
of the laws of 1955, subdivision 1 as  amended  and  subdivision  10  as
added  by  chapter  981  of  the  laws  of 1963, subdivisions 2 and 3 as
amended by chapter 607 of the laws of 1964, subparagraphs  4  and  5  of
paragraph  a  of  subdivision  3  and  paragraph  a of subdivision 10 as
amended by chapter 284 of the laws of 1971, paragraph b of subdivision 3
as amended by chapter 511 of the laws of 1974, subdivision 4 as  amended
by  chapter 225 of the laws of 1979, subdivision 5 as amended by chapter
700 of the laws of 1971, paragraph a of  subdivision  5  as  amended  by
chapter 464 of the laws of 1975, subdivision 6 as amended by chapter 165
of the laws of 2006, subdivision 7 as amended by chapter 536 of the laws
of  1981,  and  subdivision  11 as amended by chapter 380 of the laws of
1976, is amended to read as follows:
  § 807-a. Fire inspections. 1. It shall  be  the  duty  of  the  school
authorities  in general charge of the operation of any public or private
school to cause the  buildings  of  such  school  containing  classroom,
dormitory, laboratory, physical education, dining or recreational facil-
ities for student use to be inspected at least annually for fire hazards
which might endanger the lives of students, teachers and employees ther-
ein.
  2.  The annual fire inspection shall be made prior to the first day of
December of every school year and the report thereof shall be  filed  by

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

                                                           LBD01579-06-9

S. 4663--B                          2

the  school  authorities  in  the places required by subdivision five of
this section no later than the sixteenth day of December of  every  such
year.
  3.  a. The school authorities shall cause any fire inspection pursuant
to this section to be made by one  of  the  following  methods,  or  any
combination of such methods:
  (1)  [Employing,  either  regularly  or specially, persons who, in the
judgment of the school  authorities,  are  qualified  to  make  such  an
inspection, or any phase thereof.
  (2) Contracting for the making of such inspections, or any phase ther-
eof,  by  persons  who,  in  the judgment of the school authorities, are
qualified.
  (3)] Requesting inspection by the fire department of any  city,  town,
village or fire district in which the building is located.
  [(4)] (2) Requesting inspection by a fire corporation which is subject
to  the provisions of section fourteen hundred two of the not-for-profit
corporation law, if such building is located within the  area  described
in the certificate of incorporation of any such corporation.
  [(5)] (3) Requesting inspection by the county fire coordinator, or the
officer  performing  the  powers and duties of a county fire coordinator
pursuant to a local law, of the county in which the building is located,
or by any deputy county fire coordinator or deputy of such other officer
so performing the powers and duties of a county fire coordinator  desig-
nated  to  make  the  inspection  by the county fire coordinator or such
other officer so performing the powers and duties of a county fire coor-
dinator, if the building is located outside a city,  town,  village,  or
fire  district,  which  has its own fire department and outside the area
described in the certificate of incorporation of  any  fire  corporation
which  is  subject  to the provisions of section fourteen hundred two of
the not-for-profit corporation law.
  (4) REQUESTING INSPECTION BY A  FIRE  INSPECTOR,  WHO  HOLDS  A  VALID
CERTIFICATION.
  b.  [If any such inspection, or phase thereof, is to be made by either
of the methods specified in subparagraphs (1) and (2) of paragraph a  of
this subdivision, the school authorities shall give reasonable notice of
the  date  and time such inspection is to be made to the chief, or other
comparable officer, of any fire department, or fire  corporation,  which
has  the  regular duty of fighting fire in the building to be inspected.
Such officer, or any subordinate  designated  by  him,  may  be  present
during  the  inspection  and may also file a report of inspection in the
manner provided in this section.
  c.] If any fire department, CERTIFIED FIRE INSPECTOR  or  fire  corpo-
ration  described  in  subparagraphs [(3) and (4)] ONE, TWO, AND FOUR of
paragraph a of this subdivision shall fail or  refuse  to  make  a  fire
inspection  promptly  after having been requested to do so by the school
authorities, THE REQUEST SHALL  BE  DENIED  IN  WRITING  TO  the  school
authorities  [may  request  the  county fire coordinator, or the officer
performing the powers and duties of a county fire  coordinator  pursuant
to  a  local law, of the county in which the building is located to make
such inspection. It shall be the duty of the county fire coordinator, or
such other officer so performing the powers and duties of a county  fire
coordinator, in such case to make such inspection or cause it to be made
by  a  deputy  whom  he shall designate] WITH AN EXPLANATION OF WHY SUCH
REQUEST WAS DENIED. IN NO  EVENT  MAY  AN  AUTHORITY  WHO  IS  OTHERWISE
REQUIRED  BY  LAW  TO CONDUCT FIRE INSPECTIONS IN SUCH MUNICIPALITY OR A

S. 4663--B                          3

COUNTY FIRE COORDINATOR REFUSE A REQUEST BY A SCHOOL AUTHORITY FOR  SUCH
INSPECTION.
  [d.]  C.  Regardless  of  the method or methods used to accomplish the
inspection required by this section, the [person] AUTHORITY  making  the
inspection  shall file the report thereof with the school authorities no
later than the first day of December.
  4. The state fire administrator shall prescribe the form of  the  fire
inspection  report  and  the commissioner [of education] shall furnish a
supply of such form to school authorities ANNUALLY, EITHER  BY  MAIL  OR
ELECTRONICALLY.    In prescribing such form the state fire administrator
shall consider standards for fire safety set forth in the state building
construction code, the state building conservation and  fire  prevention
code, the regulations of the commissioner [of education] and other safe-
ty standards.
  5.  a.  The report of any fire inspection shall be filed in the office
of the school authorities and with the commissioner [of education].  All
such  reports  [so]  filed  in any public office shall be kept as public
records for at  least  three  years  after  which  period  they  may  be
destroyed.
  b.  Within  twenty days after the [filing of the] report IS FILED with
the school authorities, the school authorities shall cause public notice
of the filing of such report to be given in substantially the  following
form:     "Notice  is  hereby  given  that  the  annual  inspection  for
     (year)                                                           of
the                      school building (or of the
and        school  buildings)  of  (name  of  school district or private
school) for fire hazards which might endanger  the  lives  of  students,
teachers and employees therein, has been completed and the report there-
of  is  available  at  the office of (school district or private school)
at        for inspection by all interested persons". If  the  inspection
was  not  made for the school authorities by the fire department or fire
company responsible for fire protection of the building,  such  authori-
ties  shall  cause  a copy of such notice to be mailed OR ELECTRONICALLY
TRANSMITTED to the chief of such fire department or company.
  c. The school authorities of public schools shall cause such notice to
be published ON THE SCHOOL'S WEBSITE OR at least once  in  the  official
newspaper,  or  if there is no official newspaper, in a newspaper having
general circulation in the school district, and if there is no newspaper
having general circulation in the district, shall cause such  notice  to
be  posted in ten conspicuous places in the district.  Proof of publica-
tion or posting of such notice and of the mailing  of  a  copy  of  such
notice to the fire chief shall be filed in the office of the district.
  d.  The  school authorities of private schools shall cause such notice
to be published ON THE SCHOOL'S WEBSITE OR at least once in a  newspaper
having general circulation in the postal area in which the school build-
ing  is located, and if there is no newspaper having general circulation
in such postal area, shall  cause  such  notice  to  be  posted  in  ten
conspicuous places in such postal area.  Proof of posting or publication
of  such  notice and of the mailing of a copy of such notice to the fire
chief shall be filed in the school office.
  e. If the report shows any alleged deficiencies, the  school  authori-
ties  shall  [give at least five days notice by mail to the chief of the
fire department or fire company responsible for fire protection  of  the
school  building  of  the  date  and place of a meeting of the trustees,
board of education, or corresponding officers by whatever name known, to
be held within thirty days following the publication or posting required

S. 4663--B                          4

by this section, and shall at such meeting confer with  the  fire  chief
concerning  the  alleged deficiencies appearing on the inspection report
and the measures proposed to be  taken  by  the  school  authorities  to
correct such deficiencies.
  f.  In  each  such  school  district  subject to the jurisdiction of a
district superintendent under the provisions of  article  forty-five  of
the education law, such district superintendent shall ascertain that the
notices  required by this subdivision have been published or posted, and
mailed, and any conference with the fire chief required by this subdivi-
sion has been had] PROVIDE THE DETAILS  OF  SUCH  DEFICIENCIES  AND  THE
PROPOSED  ACTIONS  TO BE TAKEN TO CORRECT SUCH DEFICIENCIES TO THE LOCAL
GOVERNMENT THAT ADMINISTERS AND ENFORCES THE UNIFORM FIRE PREVENTION AND
BUILDING CODE FOR THE MUNICIPALITY IN WHICH THE BUILDING IS LOCATED.
  6. A. It shall be the duty of the commissioner to  ascertain  annually
whether  the  inspections  of  school buildings required by this section
have been made and the reports of the  inspection  have  been  filed  in
their  respective  offices. The commissioner shall review the reports of
inspection filed pursuant to this section and may  make  recommendations
to  the  school  authorities  with  respect  to any problems relating to
school fire safety noted in such reports. The commissioner shall require
a re-inspection of school buildings where a report of inspection identi-
fied violations [that, if uncorrected, would cause  the  department  to]
UNTIL  IT  IS  DEMONSTRATED TO THE SATISFACTION OF THE COMMISSIONER THAT
SAID VIOLATIONS HAVE BEEN CORRECTED. IN THE EVENT THAT A  PUBLIC  SCHOOL
FAILS  TO CORRECT VIOLATIONS FOLLOWING A RE-INSPECTION, THE COMMISSIONER
MAY deny an annual certificate of occupancy to  such  school  building[,
and  shall require additional re-inspections until it is demonstrated to
the satisfaction of the commissioner  that  said  violations  have  been
corrected]. The commissioner may inspect or cause to be inspected at any
reasonable  time  for  fire  prevention and fire protection purposes the
school buildings required to be inspected by this section.
  B.  IN THE EVENT A PRIVATE SCHOOL HAS FAILED TO FILE  AN  ANNUAL  FIRE
SAFETY REPORT WITH THE DEPARTMENT WITHIN NINETY DAYS OF THE SIXTEENTH OF
DECEMBER, THE COMMISSIONER SHALL INSPECT OR REQUEST AN APPROPRIATE LOCAL
AUTHORITY,  DESCRIBED  IN  SUBDIVISION SEVEN OF THIS SECTION, TO INSPECT
THE SCHOOL. IF A PRIVATE SCHOOL EITHER REFUSES ACCESS FOR AN  INSPECTION
PURSUANT TO THIS PARAGRAPH, OR DOES NOT CORRECT VIOLATIONS IDENTIFIED IN
SUCH REPORT IN A TIMELY MANNER, THE COMMISSIONER SHALL IMMEDIATELY NOTI-
FY, IN WRITING, THE LOCAL GOVERNMENT WHO ISSUES THE CERTIFICATE OF OCCU-
PANCY FOR THE SCHOOL OF THEIR FAILURE TO FILE A FIRE SAFETY REPORT.
  7.  a.  Every  public  or  private  school required to be inspected as
hereinabove provided may be  inspected  for  fire  prevention  and  fire
protection purposes at any reasonable time by:
  (1)  the  chief  of  the fire department of the city, town, village or
fire district in which the school is located,
  (2) the chief of a fire corporation having its headquarters outside  a
village or fire district, if the school is located in the area described
in the certificate of incorporation of such company,
  (3)  the  chief  of the fire department or fire company affording fire
protection to a fire district, fire protection district, or  fire  alarm
district  pursuant  to  a contract, if the school is located in any such
district,
  (4) the member of any  fire  department  or  fire  company  listed  in
subparagraph  one,  two or three of this paragraph assigned by the chief
thereof the duty of inspecting school buildings[.],

S. 4663--B                          5

  (5) THE FIRE INSPECTOR, WHO HOLDS A VALID CERTIFICATION, OF ANY  CITY,
TOWN, VILLAGE OR FIRE DISTRICT IN WHICH THE BUILDING IS LOCATED.
  b.  In  no event shall the school authorities of any public or private
school, required to be inspected as hereinabove provided, refuse  access
at  any  reasonable  time  to any person described in subparagraphs one,
two, three [and], four OR FIVE of paragraph a of this  subdivision,  who
appears  for the purpose of conducting an inspection for fire prevention
or fire protection purposes; provided, however, that  the  administrator
or the designee of the administrator of the school to be inspected shall
be given the opportunity to be present during the inspection.
  8.  [Any person, or any public or other corporation for which any such
person acts, shall not be liable for any  error,  omission  or  lack  of
thoroughness  in  the  making  of  the inspection and report required or
permitted by this section.
  9.] The term "school authorities", as used in this section, means,  in
relation  to  public  schools,  the  trustees, or board of education, or
corresponding officers, whether one or more, and by whatever name  known
of a city school district, or other school district however created, or,
in  relation  to private schools, the board of trustees, board of direc-
tors, or other governing board in general charge of the operation of any
such school.
  [10.] 9. The term "private school", as used in this section, means:
  a. Any nursery school or kindergarten attended by six or  more  pupils
three  years of age or older which may apply for registration by the New
York state education department pursuant to part one hundred twenty-five
of title eight of the official compilation of  codes,  rules  and  regu-
lations  of  the state of New York; provided, however, that this section
shall not apply to day care facilities  possessing  a  valid  permit  as
required by section three hundred ninety of the social services law; or
  b.  Any establishment, other than a public school, attended by twenty-
five or more pupils for the purpose  of  receiving  the  instruction  of
academic grade at the elementary or secondary level required by part one
of article sixty-five of this chapter.
  [11.]  10.  This  section shall not apply to the school authorities in
the cities of New York, Buffalo, Rochester, Syracuse and Yonkers  or  to
colleges and universities.
  §  2.  Subdivision 1 of section 807-c of the education law, as amended
by chapter 1015 of the laws of 1974, is amended to read as follows:
  1. The school authorities designated in subdivision  [nine]  EIGHT  of
section eight hundred seven-a of this [chapter] ARTICLE in charge of the
operation  of  any  public school or of any private school designated in
subdivision [ten] NINE of such section, located in an area within  which
a fire department or fire company is responsible for fire protection and
within  which  there  is no electrically or electronically operated fire
alarm reporting system provided for public use may  cause  the  internal
fire  alarm, fire detection, or fire extinguishing system of each build-
ing in which is contained  classroom,  dormitory,  laboratory,  physical
education,  dining  or  recreational  facilities  for  student use to be
interconnected with the fire alarm reporting location or system which is
provided for such fire department or fire company to receive alarms from
the public so that upon activation of such  internal  fire  alarm,  fire
detection,  or  fire extinguishing system a signal will be automatically
transmitted to such fire alarm reporting location or system.
  § 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S4663

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senate Bill S4663

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Sponsored By

David Carlucci

Archive: Last Bill Status - Signed by Governor

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Votes

Jun 20, 2019 - floor Vote

Floor Vote: Jun 20, 2019

Jun 20, 2019 - Rules committee Vote

Committee Vote: Jun 20, 2019

Bill Amendments

S4663 - Details

S4663 - Summary

S4663 - Sponsor Memo

S4663 - Bill Text download pdf

S4663A - Details

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S4663B (ACTIVE) - Details

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