N.Y. Educ. Law § 807-a

§ 807-a. Fire inspections. 1. It shall be the duty of the school\nauthorities in general charge of the operation of any public or private\nschool to cause the buildings of such school containing classroom,\ndormitory, laboratory, physical education, dining or recreational\nfacilities for student use to be inspected at least annually for fire\nhazards which might endanger the lives of students, teachers and\nemployees therein.\n 2. The annual fire inspection shall be made prior to the first day of\nDecember of every school year and the report thereof shall be filed by\nthe school authorities in the places required by subdivision five of\nthis section no later than the sixteenth day of December of every such\nyear.\n 3. a. The school authorities shall cause any fire inspection pursuant\nto this section to be made by one of the following methods, or any\ncombination of such methods:\n (1) Employing, either regularly or specially, persons who, in the\njudgment of the school authorities, are qualified to make such an\ninspection, or any phase thereof.\n (2) Contracting for the making of such inspections, or any phase\nthereof, by persons who, in the judgment of the school authorities, are\nqualified.\n (3) Requesting inspection by the fire department of any city, town,\nvillage or fire district in which the building is located.\n (4) Requesting inspection by a fire corporation which is subject to\nthe provisions of section fourteen hundred two of the not-for-profit\ncorporation law, if such building is located within the area described\nin the certificate of incorporation of any such corporation.\n (5) Requesting inspection by the county fire coordinator, or the\nofficer performing the powers and duties of a county fire coordinator\npursuant to a local law, of the county in which the building is located,\nor by any deputy county fire coordinator or deputy of such other officer\nso performing the powers and duties of a county fire coordinator\ndesignated to make the inspection by the county fire coordinator or such\nother officer so performing the powers and duties of a county fire\ncoordinator, if the building is located outside a city, town, village,\nor fire district, which has its own fire department and outside the area\ndescribed in the certificate of incorporation of any fire corporation\nwhich is subject to the provisions of section fourteen hundred two of\nthe not-for-profit corporation law.\n b. If any such inspection, or phase thereof, is to be made by either\nof the methods specified in subparagraphs (1) and (2) of paragraph a of\nthis subdivision, the school authorities shall give reasonable notice of\nthe date and time such inspection is to be made to the chief, or other\ncomparable officer, of any fire department, or fire corporation, which\nhas the regular duty of fighting fire in the building to be inspected.\nSuch officer, or any subordinate designated by him, may be present\nduring the inspection and may also file a report of inspection in the\nmanner provided in this section.\n c. If any fire department or fire corporation described in\nsubparagraphs (3) and (4) of paragraph a of this subdivision shall fail\nor refuse to make a fire inspection promptly after having been requested\nto do so by the school authorities, the school authorities may request\nthe county fire coordinator, or the officer performing the powers and\nduties of a county fire coordinator pursuant to a local law, of the\ncounty in which the building is located to make such inspection. It\nshall be the duty of the county fire coordinator, or such other officer\nso performing the powers and duties of a county fire coordinator, in\nsuch case to make such inspection or cause it to be made by a deputy\nwhom he shall designate.\n d. Regardless of the method or methods used to accomplish the\ninspection required by this section, the person making the inspection\nshall file the report thereof with the school authorities no later than\nthe first day of December.\n 4. The state fire administrator shall prescribe the form of the fire\ninspection report and the commissioner of education shall furnish a\nsupply of such form to school authorities. In prescribing such form the\nstate fire administrator shall consider standards for fire safety set\nforth in the state building construction code, the state building\nconservation and fire prevention code, the regulations of the\ncommissioner of education and other safety standards.\n 5. a. The report of any fire inspection shall be filed in the office\nof the school authorities and with the commissioner of education. All\nsuch reports so filed in any public office shall be kept as public\nrecords for at least three years after which period they may be\ndestroyed.\n b. Within twenty days after the filing of the report with the school\nauthorities, the school authorities shall cause public notice of the\nfiling of such report to be given in substantially the following form:\n"Notice is hereby given that the annual inspection for (year) of\nthe school building (or of the\nand school buildings) of (name of school district or private\nschool) for fire hazards which might endanger the lives of students,\nteachers and employees therein, has been completed and the report\nthereof is available at the office of (school district or private\nschool) at for inspection by all interested persons". If the\ninspection was not made for the school authorities by the fire\ndepartment or fire company responsible for fire protection of the\nbuilding, such authorities shall cause a copy of such notice to be\nmailed to the chief of such fire department or company.\n c. The school authorities of public schools shall cause such notice to\nbe published at least once in the official newspaper, or if there is no\nofficial newspaper, in a newspaper having general circulation in the\nschool district, and if there is no newspaper having general circulation\nin the district, shall cause such notice to be posted in ten conspicuous\nplaces in the district. Proof of publication or posting of such notice\nand of the mailing of a copy of such notice to the fire chief shall be\nfiled in the office of the district.\n d. The school authorities of private schools shall cause such notice\nto be published at least once in a newspaper having general circulation\nin the postal area in which the school building is located, and if there\nis no newspaper having general circulation in such postal area, shall\ncause such notice to be posted in ten conspicuous places in such postal\narea. Proof of posting or publication of such notice and of the mailing\nof a copy of such notice to the fire chief shall be filed in the school\noffice.\n e. If the report shows any alleged deficiencies, the school\nauthorities shall give at least five days notice by mail to the chief of\nthe fire department or fire company responsible for fire protection of\nthe school building of the date and place of a meeting of the trustees,\nboard of education, or corresponding officers by whatever name known, to\nbe held within thirty days following the publication or posting required\nby this section, and shall at such meeting confer with the fire chief\nconcerning the alleged deficiencies appearing on the inspection report\nand the measures proposed to be taken by the school authorities to\ncorrect such deficiencies.\n f. In each such school district subject to the jurisdiction of a\ndistrict superintendent under the provisions of article forty-five of\nthe education law, such district superintendent shall ascertain that the\nnotices required by this subdivision have been published or posted, and\nmailed, and any conference with the fire chief required by this\nsubdivision has been had.\n 6. It shall be the duty of the commissioner to ascertain annually\nwhether the inspections of school buildings required by this section\nhave been made and the reports of the inspection have been filed in\ntheir respective offices. The commissioner shall review the reports of\ninspection filed pursuant to this section and may make recommendations\nto the school authorities with respect to any problems relating to\nschool fire safety noted in such reports. The commissioner shall require\na re-inspection of school buildings where a report of inspection\nidentified violations that, if uncorrected, would cause the department\nto deny an annual certificate of occupancy to such school building, and\nshall require additional re-inspections until it is demonstrated to the\nsatisfaction of the commissioner that said violations have been\ncorrected. The commissioner may inspect or cause to be inspected at any\nreasonable time for fire prevention and fire protection purposes the\nschool buildings required to be inspected by this section.\n 7. a. Every public or private school required to be inspected as\nhereinabove provided may be inspected for fire prevention and fire\nprotection purposes at any reasonable time by:\n (1) the chief of the fire department of the city, town, village or\nfire district in which the school is located,\n (2) the chief of a fire corporation having its headquarters outside a\nvillage or fire district, if the school is located in the area described\nin the certificate of incorporation of such company,\n (3) the chief of the fire department or fire company affording fire\nprotection to a fire district, fire protection district, or fire alarm\ndistrict pursuant to a contract, if the school is located in any such\ndistrict,\n (4) the member of any fire department or fire company listed in\nsubparagraph one, two or three of this paragraph assigned by the chief\nthereof the duty of inspecting school buildings.\n b. In no event shall the school authorities of any public or private\nschool, required to be inspected as hereinabove provided, refuse access\nat any reasonable time to any person described in subparagraphs one,\ntwo, three and four of paragraph a of this subdivision, who appears for\nthe purpose of conducting an inspection for fire prevention or fire\nprotection purposes; provided, however, that the administrator or the\ndesignee of the administrator of the school to be inspected shall be\ngiven the opportunity to be present during the inspection.\n 8. Any person, or any public or other corporation for which any such\nperson acts, shall not be liable for any error, omission or lack of\nthoroughness in the making of the inspection and report required or\npermitted by this section.\n 9. The term "school authorities", as used in this section, means, in\nrelation to public schools, the trustees, or board of education, or\ncorresponding officers, whether one or more, and by whatever name known\nof a city school district, or other school district however created, or,\nin relation to private schools, the board of trustees, board of\ndirectors, or other governing board in general charge of the operation\nof any such school.\n 10. The term "private school", as used in this section, means:\n a. Any nursery school or kindergarten attended by six or more pupils\nthree years of age or older which may apply for registration by the New\nYork state education department pursuant to part one hundred twenty-five\nof title eight of the official compilation of codes, rules and\nregulations of the state of New York; provided, however, that this\nsection shall not apply to day care facilities possessing a valid permit\nas required by section three hundred ninety of the social services law;\nor\n b. Any establishment, other than a public school, attended by\ntwenty-five or more pupils for the purpose of receiving the instruction\nof academic grade at the elementary or secondary level required by part\none of article sixty-five of this chapter.\n 11. This section shall not apply to the school authorities in the\ncities of New York, Buffalo, Rochester, Syracuse and Yonkers or to\ncolleges and universities.\n