N.Y. Comp. Codes R. & Regs. Tit. 8 § 155.8 - Fire and building safety inspections

(a) All buildings which are owned, operated or leased by a public school district or board of cooperative educational services shall be inspected for fire safety at least once annually, pursuant to a schedule determined by the commissioner, or at any other time deemed necessary by the commissioner. Any cost of such inspection shall be borne by the school district or board of cooperative educational services.

(b) All inspections shall be performed, within a period of time determined by the commissioner, by an inspector who is qualified pursuant to procedures established by the State Fire Administrator. The report of the inspection shall be on a form supplied by the commissioner.

(c) Any violation of the State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219 through 1229) or of this Part shall be corrected immediately unless it is impracticable to do so. Violations which are not corrected immediately shall be corrected within a period of time approved by the commissioner.

(d) Where a board of education or board of cooperative educational services is required to convene meetings pursuant to section 807-a (5)(e) of the Education Law, the board shall:

(1) review each nonconformance with the requirements of section 155.4 of this Part or of 19 NYCRR Part 1225 recorded on the report during the fire inspection;

(2) identify all such nonconformances which have not been corrected by the date of the meeting; and

(3) adopt a plan, in a form prescribed by the commissioner, for correcting all such nonconformances.

(e) No building which is owned, operated or leased by a board of education or a board of cooperative educational services shall be occupied or otherwise used unless the building has a valid certificate of occupancy issued by the commissioner.

(1) A certificate of occupancy will be issued by the commissioner following the annual inspection, if the inspection indicates the building is suitable for occupancy and free of violations of the State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219 through 1229) and of this Part.

(2) The commissioner may issue a temporary certificate of occupancy at any time if the building is suitable for occupancy and if the board of education or board of cooperative educational services has adopted a plan, subsequently approved by the commissioner, for correcting all violations, pursuant to subdivision (c) of this section.

(3) A certificate of occupancy, a temporary certificate or a building permit may be denied or revoked for any one of the following reasons:

(i) failure to comply with any provision of this Part;

(ii) failure to comply with any provisions of the State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219 through 1229);

(iii) failure to comply with the provisions of section 807-a of the Education Law;

(iv) failure to file an annual or other fire safety inspection report in a timely manner;

(v) failure to correct and/or plan for correction of any nonconformance with the requirements of section 155.4 of this Part, or of 19 NYCRR Part 1225, which appears on the fire safety inspection report in a timely manner;

(vi) existence of any nonconformance with the requirements of section 155.4 of this Part, or of 19 NYCRR Part 1225, which appears on the fire safety report and which indicates that a building is not suitable for occupancy or intended use;

(vii) repeated violations of the State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219 through 1229) or this Part; or

(viii) violation of other health or safety standards, imposed by law or regulation, which indicate that a building is not suitable for occupancy or intended use.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 8 § 155.8

Amended, New York State Register January 29, 2020/Volume XLII, Issue 04, eff. 1/29/2020