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- Floor Votes
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S04663 Summary:
BILL NO | S04663B |
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SAME AS | SAME AS A01906-A |
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SPONSOR | CARLUCCI |
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COSPNSR | |
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MLTSPNSR | |
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Amd §§807-a & 807-c, Ed L | |
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Relates to fire inspections in public and private schools; requires annual fire safety reports. |
S04663 Actions:
BILL NO | S04663B | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/20/2019 | REFERRED TO EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2019 | AMEND AND RECOMMIT TO EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2019 | PRINT NUMBER 4663A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2019 | AMEND AND RECOMMIT TO EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2019 | PRINT NUMBER 4663B | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | COMMITTEE DISCHARGED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | ORDERED TO THIRD READING CAL.1818 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | substituted for a1906a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | ordered to third reading rules cal.637 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/10/2019 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/17/2019 | SIGNED CHAP.679 |
S04663 Committee Votes:
Go to topS04663 Floor Votes:
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
ER
Raynor
Yes
Stirpe
ER
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
ER
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
No
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
ER
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
ER
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
ER
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S04663 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4663--B 2019-2020 Regular Sessions IN SENATE 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: 1 Section 1. Section 807-a of the education law, as added by chapter 871 2 of the laws of 1955, subdivision 1 as amended and subdivision 10 as 3 added by chapter 981 of the laws of 1963, subdivisions 2 and 3 as 4 amended by chapter 607 of the laws of 1964, subparagraphs 4 and 5 of 5 paragraph a of subdivision 3 and paragraph a of subdivision 10 as 6 amended by chapter 284 of the laws of 1971, paragraph b of subdivision 3 7 as amended by chapter 511 of the laws of 1974, subdivision 4 as amended 8 by chapter 225 of the laws of 1979, subdivision 5 as amended by chapter 9 700 of the laws of 1971, paragraph a of subdivision 5 as amended by 10 chapter 464 of the laws of 1975, subdivision 6 as amended by chapter 165 11 of the laws of 2006, subdivision 7 as amended by chapter 536 of the laws 12 of 1981, and subdivision 11 as amended by chapter 380 of the laws of 13 1976, is amended to read as follows: 14 § 807-a. Fire inspections. 1. It shall be the duty of the school 15 authorities in general charge of the operation of any public or private 16 school to cause the buildings of such school containing classroom, 17 dormitory, laboratory, physical education, dining or recreational facil- 18 ities for student use to be inspected at least annually for fire hazards 19 which might endanger the lives of students, teachers and employees ther- 20 ein. 21 2. The annual fire inspection shall be made prior to the first day of 22 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. LBD01579-06-9S. 4663--B 2 1 the school authorities in the places required by subdivision five of 2 this section no later than the sixteenth day of December of every such 3 year. 4 3. a. The school authorities shall cause any fire inspection pursuant 5 to this section to be made by one of the following methods, or any 6 combination of such methods: 7 (1) [Employing, either regularly or specially, persons who, in the8judgment of the school authorities, are qualified to make such an9inspection, or any phase thereof.10(2) Contracting for the making of such inspections, or any phase ther-11eof, by persons who, in the judgment of the school authorities, are12qualified.13(3)] Requesting inspection by the fire department of any city, town, 14 village or fire district in which the building is located. 15 [(4)] (2) Requesting inspection by a fire corporation which is subject 16 to the provisions of section fourteen hundred two of the not-for-profit 17 corporation law, if such building is located within the area described 18 in the certificate of incorporation of any such corporation. 19 [(5)] (3) Requesting inspection by the county fire coordinator, or the 20 officer performing the powers and duties of a county fire coordinator 21 pursuant to a local law, of the county in which the building is located, 22 or by any deputy county fire coordinator or deputy of such other officer 23 so performing the powers and duties of a county fire coordinator desig- 24 nated to make the inspection by the county fire coordinator or such 25 other officer so performing the powers and duties of a county fire coor- 26 dinator, if the building is located outside a city, town, village, or 27 fire district, which has its own fire department and outside the area 28 described in the certificate of incorporation of any fire corporation 29 which is subject to the provisions of section fourteen hundred two of 30 the not-for-profit corporation law. 31 (4) Requesting inspection by a fire inspector, who holds a valid 32 certification. 33 b. [If any such inspection, or phase thereof, is to be made by either34of the methods specified in subparagraphs (1) and (2) of paragraph a of35this subdivision, the school authorities shall give reasonable notice of36the date and time such inspection is to be made to the chief, or other37comparable officer, of any fire department, or fire corporation, which38has the regular duty of fighting fire in the building to be inspected.39Such officer, or any subordinate designated by him, may be present40during the inspection and may also file a report of inspection in the41manner provided in this section.42c.] If any fire department, certified fire inspector or fire corpo- 43 ration described in subparagraphs [(3) and (4)] one, two, and four of 44 paragraph a of this subdivision shall fail or refuse to make a fire 45 inspection promptly after having been requested to do so by the school 46 authorities, the request shall be denied in writing to the school 47 authorities [may request the county fire coordinator, or the officer48performing the powers and duties of a county fire coordinator pursuant49to a local law, of the county in which the building is located to make50such inspection. It shall be the duty of the county fire coordinator, or51such other officer so performing the powers and duties of a county fire52coordinator, in such case to make such inspection or cause it to be made53by a deputy whom he shall designate] with an explanation of why such 54 request was denied. In no event may an authority who is otherwise 55 required by law to conduct fire inspections in such municipality or aS. 4663--B 3 1 county fire coordinator refuse a request by a school authority for such 2 inspection. 3 [d.] c. Regardless of the method or methods used to accomplish the 4 inspection required by this section, the [person] authority making the 5 inspection shall file the report thereof with the school authorities no 6 later than the first day of December. 7 4. The state fire administrator shall prescribe the form of the fire 8 inspection report and the commissioner [of education] shall furnish a 9 supply of such form to school authorities annually, either by mail or 10 electronically. In prescribing such form the state fire administrator 11 shall consider standards for fire safety set forth in the state building 12 construction code, the state building conservation and fire prevention 13 code, the regulations of the commissioner [of education] and other safe- 14 ty standards. 15 5. a. The report of any fire inspection shall be filed in the office 16 of the school authorities and with the commissioner [of education]. All 17 such reports [so] filed in any public office shall be kept as public 18 records for at least three years after which period they may be 19 destroyed. 20 b. Within twenty days after the [filing of the] report is filed with 21 the school authorities, the school authorities shall cause public notice 22 of the filing of such report to be given in substantially the following 23 form: "Notice is hereby given that the annual inspection for 24 (year) of 25 the school building (or of the 26 and school buildings) of (name of school district or private 27 school) for fire hazards which might endanger the lives of students, 28 teachers and employees therein, has been completed and the report there- 29 of is available at the office of (school district or private school) 30 at for inspection by all interested persons". If the inspection 31 was not made for the school authorities by the fire department or fire 32 company responsible for fire protection of the building, such authori- 33 ties shall cause a copy of such notice to be mailed or electronically 34 transmitted to the chief of such fire department or company. 35 c. The school authorities of public schools shall cause such notice to 36 be published on the school's website or at least once in the official 37 newspaper, or if there is no official newspaper, in a newspaper having 38 general circulation in the school district, and if there is no newspaper 39 having general circulation in the district, shall cause such notice to 40 be posted in ten conspicuous places in the district. Proof of publica- 41 tion or posting of such notice and of the mailing of a copy of such 42 notice to the fire chief shall be filed in the office of the district. 43 d. The school authorities of private schools shall cause such notice 44 to be published on the school's website or at least once in a newspaper 45 having general circulation in the postal area in which the school build- 46 ing is located, and if there is no newspaper having general circulation 47 in such postal area, shall cause such notice to be posted in ten 48 conspicuous places in such postal area. Proof of posting or publication 49 of such notice and of the mailing of a copy of such notice to the fire 50 chief shall be filed in the school office. 51 e. If the report shows any alleged deficiencies, the school authori- 52 ties shall [give at least five days notice by mail to the chief of the53fire department or fire company responsible for fire protection of the54school building of the date and place of a meeting of the trustees,55board of education, or corresponding officers by whatever name known, to56be held within thirty days following the publication or posting requiredS. 4663--B 4 1by this section, and shall at such meeting confer with the fire chief2concerning the alleged deficiencies appearing on the inspection report3and the measures proposed to be taken by the school authorities to4correct such deficiencies.5f. In each such school district subject to the jurisdiction of a6district superintendent under the provisions of article forty-five of7the education law, such district superintendent shall ascertain that the8notices required by this subdivision have been published or posted, and9mailed, and any conference with the fire chief required by this subdivi-10sion has been had] provide the details of such deficiencies and the 11 proposed actions to be taken to correct such deficiencies to the local 12 government that administers and enforces the uniform fire prevention and 13 building code for the municipality in which the building is located. 14 6. a. It shall be the duty of the commissioner to ascertain annually 15 whether the inspections of school buildings required by this section 16 have been made and the reports of the inspection have been filed in 17 their respective offices. The commissioner shall review the reports of 18 inspection filed pursuant to this section and may make recommendations 19 to the school authorities with respect to any problems relating to 20 school fire safety noted in such reports. The commissioner shall require 21 a re-inspection of school buildings where a report of inspection identi- 22 fied violations [that, if uncorrected, would cause the department to] 23 until it is demonstrated to the satisfaction of the commissioner that 24 said violations have been corrected. In the event that a public school 25 fails to correct violations following a re-inspection, the commissioner 26 may deny an annual certificate of occupancy to such school building[,27and shall require additional re-inspections until it is demonstrated to28the satisfaction of the commissioner that said violations have been29corrected]. The commissioner may inspect or cause to be inspected at any 30 reasonable time for fire prevention and fire protection purposes the 31 school buildings required to be inspected by this section. 32 b. In the event a private school has failed to file an annual fire 33 safety report with the department within ninety days of the sixteenth of 34 December, the commissioner shall inspect or request an appropriate local 35 authority, described in subdivision seven of this section, to inspect 36 the school. If a private school either refuses access for an inspection 37 pursuant to this paragraph, or does not correct violations identified in 38 such report in a timely manner, the commissioner shall immediately noti- 39 fy, in writing, the local government who issues the certificate of occu- 40 pancy for the school of their failure to file a fire safety report. 41 7. a. Every public or private school required to be inspected as 42 hereinabove provided may be inspected for fire prevention and fire 43 protection purposes at any reasonable time by: 44 (1) the chief of the fire department of the city, town, village or 45 fire district in which the school is located, 46 (2) the chief of a fire corporation having its headquarters outside a 47 village or fire district, if the school is located in the area described 48 in the certificate of incorporation of such company, 49 (3) the chief of the fire department or fire company affording fire 50 protection to a fire district, fire protection district, or fire alarm 51 district pursuant to a contract, if the school is located in any such 52 district, 53 (4) the member of any fire department or fire company listed in 54 subparagraph one, two or three of this paragraph assigned by the chief 55 thereof the duty of inspecting school buildings[.],S. 4663--B 5 1 (5) the fire inspector, who holds a valid certification, of any city, 2 town, village or fire district in which the building is located. 3 b. In no event shall the school authorities of any public or private 4 school, required to be inspected as hereinabove provided, refuse access 5 at any reasonable time to any person described in subparagraphs one, 6 two, three [and], four or five of paragraph a of this subdivision, who 7 appears for the purpose of conducting an inspection for fire prevention 8 or fire protection purposes; provided, however, that the administrator 9 or the designee of the administrator of the school to be inspected shall 10 be given the opportunity to be present during the inspection. 11 8. [Any person, or any public or other corporation for which any such12person acts, shall not be liable for any error, omission or lack of13thoroughness in the making of the inspection and report required or14permitted by this section.159.] The term "school authorities", as used in this section, means, in 16 relation to public schools, the trustees, or board of education, or 17 corresponding officers, whether one or more, and by whatever name known 18 of a city school district, or other school district however created, or, 19 in relation to private schools, the board of trustees, board of direc- 20 tors, or other governing board in general charge of the operation of any 21 such school. 22 [10.] 9. The term "private school", as used in this section, means: 23 a. Any nursery school or kindergarten attended by six or more pupils 24 three years of age or older which may apply for registration by the New 25 York state education department pursuant to part one hundred twenty-five 26 of title eight of the official compilation of codes, rules and regu- 27 lations of the state of New York; provided, however, that this section 28 shall not apply to day care facilities possessing a valid permit as 29 required by section three hundred ninety of the social services law; or 30 b. Any establishment, other than a public school, attended by twenty- 31 five or more pupils for the purpose of receiving the instruction of 32 academic grade at the elementary or secondary level required by part one 33 of article sixty-five of this chapter. 34 [11.] 10. This section shall not apply to the school authorities in 35 the cities of New York, Buffalo, Rochester, Syracuse and Yonkers or to 36 colleges and universities. 37 § 2. Subdivision 1 of section 807-c of the education law, as amended 38 by chapter 1015 of the laws of 1974, is amended to read as follows: 39 1. The school authorities designated in subdivision [nine] eight of 40 section eight hundred seven-a of this [chapter] article in charge of the 41 operation of any public school or of any private school designated in 42 subdivision [ten] nine of such section, located in an area within which 43 a fire department or fire company is responsible for fire protection and 44 within which there is no electrically or electronically operated fire 45 alarm reporting system provided for public use may cause the internal 46 fire alarm, fire detection, or fire extinguishing system of each build- 47 ing in which is contained classroom, dormitory, laboratory, physical 48 education, dining or recreational facilities for student use to be 49 interconnected with the fire alarm reporting location or system which is 50 provided for such fire department or fire company to receive alarms from 51 the public so that upon activation of such internal fire alarm, fire 52 detection, or fire extinguishing system a signal will be automatically 53 transmitted to such fire alarm reporting location or system. 54 § 3. This act shall take effect on the sixtieth day after it shall 55 have become a law.