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This entry was published on 2021-09-10
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SECTION 409-D
Comprehensive public school building safety program
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 9
§ 409-d. Comprehensive public school building safety program. 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 the inspections of all
public school buildings throughout the state (i) at least once between
the period commencing with the first day of January, two thousand twenty
and ending with the thirty-first day of December, two thousand twenty
and (ii) at least once between the period commencing with the first day
of January, two thousand twenty-two and ending with the thirty-first day
of December, two thousand twenty-two, provided that such inspections
shall exclude public school buildings in a school district required to
conduct building condition surveys between January first, two thousand
twenty and the end of such period in accordance with regulations of the
commissioner adopted pursuant to subparagraph one-a of paragraph c of
subdivision four of section thirty-six hundred forty-one of this
chapter, and provided further that such exclusion shall not apply in the
case of a school district which has not completed the building condition
surveys so required and submitted the same to the department. Under such
program, the commissioner may require inspections of public school
buildings as deemed necessary to maintain the safety of school buildings
and the welfare of the occupants, and such program shall establish a
safety rating system for such school buildings to assess the need for
maintenance, repairs, rehabilitation, reconstruction, 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, heating, 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.

2. Commissioner's authorization. In implementing the program, the
commissioner is authorized to:

(a) require the inspection of every public school building and
prescribe qualifications of persons who may perform or supervise such
inspections in accordance with the provisions of this section.

(b) establish a safety rating system keyed to the structural integrity
and overall safety of the building. Such system shall rate every major
building system contained within a building and where practicable
identify critical maintenance and include such information in the plan
required in subdivision ten of section thirty-six hundred forty-one of
this chapter;

(c) require each school district to develop a buildings condition
survey;

(d) require each school district to develop a five year capital
facilities plan;

(e) establish a process for monitoring all school buildings; and

(f) provide for waivers of the requirements of this section and/or
section four hundred nine-e of this article for districts whose school
building safety inspection procedures in existence on the effective date
of this section are in substantial compliance with such requirements.

3. Notification. Notwithstanding any other provision of law to the
contrary, the commissioner shall be authorized to notify in writing any
school district or board of cooperative educational services the
existence of a hazardous condition found in any school building within
the school district that is in violation of applicable building, health,
or safety codes or regulations that may threaten the health and/or
safety of students or staffs. Such notice must be acknowledged and
responded to within five business days or less. Such notice shall be
delivered to the superintendent of the school district or the district
superintendent of the board of cooperative educational services. In the
case of a city school district in a city having a population of one
million or more inhabitants such notice shall be delivered to the
chancellor of the city district.