REGULATIONS OF THE COMMISSIONER OF EDUCATION Part 155

REGULATIONS OF THE COMMISSIONER OF EDUCATION
Part 155
(8 NYCRR 155)
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EDUCATIONAL FACILITIES
Amended September 17, 1999
Effective October 7, 1999

The following list is an index of 8 NYCRR 155 compiled July 2002

Please Note: This document was compiled by the Office of Facilities Planning from our records. The official version of 8NYCRR155 is published by the Department of State and printed by: the West Group, Saint Paul, MN 55164-0779 Their number for ordering is 1-800-328-9352.

section # (date) heading

з155.1 (10/99 ) Educational facilities
з155.2 (11/00 ) Construction and remodeling of school district facilities
з155.3 11/00) Comprehensive public school safety program
з155.4 (10/99) Uniform Code of Public School Building Inspections, Safety Rating Ц Monitoring
з155.5 (10/99) Uniform Safety Standards for School Construction and Maintenance Projects
з155.6 (10/99) School facility report cards.
з155.7 (10/99) Health and safety in existing educational facilities
з155.8 (11/00) Fire and building safety inspections
з155.9 (11/00) Environmental quality review
з155.10 (10/99) School swimming pools
з155.11 (10/99) Acquisition of existing buildings
з155.12 (10/99) Leasing approval and building aid for leased school buildings and facilities
з155.13 (10/99) Apportionment for asbestos projects
з155.14 (10/99) Leasing of unneeded board of cooperative educational services facilities
з155.15 (10/99) Leases and contracts for the use of property by BOCES
з155.16 (10/99) School asbestos hazard grant program
з155.17 (10/99) School emergency management plans
з155.18 (8/99) Aid for asbestos inspections
з155.19 (10/99) Extraordinary school capital needs program
з155.20 (10/99) Energy performance contracts
з155.21 (10/99) Mobil Instructional Unit contracts awarded through a request for proposals
з155.22 (10/99) Qualified zone academy bonds.
з155.23 (7/01) Multi-year cost allowance.
з155.24 (10/01) School pesticide neighbor notification.
з155.25 (8/02) Safety requirements for electrically operated partitions.

з151-1.10 Facilities Requirements. (for the universal pre-kindergarten program) Attached for reference:

Part 155. EDUCATIONAL FACILITIES
(Statutory authority:Education Law, зз101, 207, 215, 305, 305[14] as amd. by L. 1997, ch. 464, 403-b, 408, 409, 409-d, 409-e, 409-h, 1950[4][t], 2503, 2554, 2801-a, 3602, 3602-a[4], 3641, 4403; Energy Law, з9-103[8]; Environmental Conservation Law, зз8-0113[3], 8-0117[5]; Executive Law, art. 2-B; L. 1987, ch. 53, з17; L. 1992, chs. 466, 700; L. 1993, ch. 700; L. 1994, ch. 64, зз1, 2; L. 1997, ch. 436; L. 1998, ch. 58, зз13, 48, ch. 56, part B, з1; L. 2000, ch. 60, part A, з5 and ch. 181; L. 2000, ch. 185, з6)

Historical Note
Part (зз155.1-155.8) filed Feb. 3, 1971; amd. filed April 29, 1975 eff. Sept. 1, 1975. Amended Part title.

з 155.1 Educational facilities.

Each school district shall provide suitable and adequate facilities to accommodate the programs of such district.

(a) Each school district shall develop and keep on file a comprehensive long-range plan pertaining to educational facilities. Such plan shall be reevaluated and made current at least annually, and shall include appraisal of the following: the educational philosophy of the district, with resulting administrative organization and program requirements; present and projected pupil enrollments; space use and State-rated pupil capacity of existing facilities; priority of need of maintenance, repair or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities; and the provision of additional facilities.
(1) The numbers, types, space requirements and pupil capacities of facilities shall be in relation to the present and projected needs of the school district programs, including mandated educational requirements.
(2) Pupil enrollment projections shall be based on a school district census projection of each grade level. Elementary grade enrollments, kindergarten through sixth grade, shall be projected a maximum of five years. Secondary grade enrollments, seventh through twelfth grade, shall be projected a maximum of 10 years.
(3) Educational specifications for the erection, enlargement, remodeling or initial use of educational facilities shall be submitted to the commissioner. Such specifications shall be based on the comprehensive long-range plan of the district and shall include the educational philosophy of the project, description of educational program, including activities to be conducted and related space and facilities requirements; and description of innovative or experimental concepts or features which may be included.
(4) Each school district shall prepare a five-year capital facilities plan no later than July 1, 2001, and shall update such plan annually. Such plan shall be prepared in a manner and in a format prescribed by the commissioner and copies of such plan shall be submitted to the commissioner upon request. Such plan shall include, but shall not be limited to:
(i) a breakdown for each of the five years of the plan of the estimated expenses for the following:
(a) current or proposed new construction ranked in priority order;
(b) current or proposed additions to school facilities ranked in priority order;
(c) current or proposed alterations or reconstruction of school facilities ranked in priority order;
(d) major repairs ranked in priority order;
(e) major system replacement and repairs, and maintenance ranked in priority order; and
(f) energy consumption;
(ii) a districtwide building inventory which shall include, but shall not be limited to:
(a) the number and type of facilities owned, operated or leased by the district;
(b) the age, enrollment, rated capacity, use, size and the safety rating of such buildings as determined pursuant to the provisions of section 155.4(c) of this Part;
(c) the energy sources for such buildings;
(d) probable useful life of each building and its major subsystems;
(e) need for major system replacement and repairs, and maintenance;
(f) summary of the triennial asbestos reports required pursuant to the Asbestos Hazard Emergency Response Act (AHERA) regulations, 40 CFR part 763 (Code of Federal Regulations, 1998 Edition, Superintendent of Public Documents, U.S. Government Printing Office, Washington, DC 20402; 1998; available at Office of Facilities Planning, Education Building Annex, Room 1060, State Education Department, Albany, NY 12234); and
(g) any other information which may be deemed necessary by the commissioner to evaluate safety and health conditions in school facilities.

(b) Facilities shall be designed and constructed to provide for the health and safety of occupants, with consideration of educational and planning efficiency, conservation of natural resources, practicality, and initial and long-range economy, and shall support an environment within the facility which is conducive to learning.
(1) Design of a facility shall provide space layouts and number, size and arrangement of exit facilities that will insure prompt escape of occupants from a hazard to life safety.
(2) Visual environment of a facility.
(i) Adequate levels of illumination, consistent with efficient energy consumption, shall be provided in each area of a facility for the tasks being performed.
(ii) Natural and artificial lighting shall produce a controlled environment of balanced brightness, free from objectionable glare.
(iii) Teaching areas shall have fenestration which permits a view of the exterior, unless otherwise approved by the commissioner.
(iv) Teaching spaces shall be properly proportioned as to size and shape of room, including ceiling height.
(v) Color, finishes, lighting, furnishings and related items shall reasonably be combined to provide an aesthetic learning environment.
(vi) A report that new installations and replacements of mercury vapor or metal halide lamps are of a fail-safe type which self-extinguish if the shielding of the lamp is broken, cracked or removed shall be included in the annual fire inspection report filed pursuant to Education Law, section 807-a. If such fail-safe type lamps are unavailable, the report shall state that an ultraviolet radiation-absorbing shield has been provided for each new or replacement mercury vapor or metal halide lamp, in accordance with the provisions of section 409-b of the Education Law.
(3) Thermal environment of a facility.
(i) Controlled heating and ventilation shall be provided and maintained in all areas to produce conditions suitable for the varying activities that take place in the various areas by systems providing efficient consumption of energy.
(ii) Each teaching space shall be provided with a controlled supply of fresh air and shall have sufficient air changes to produce healthful conditions and avoid odors or build-up or concentrations of toxic substances or dust particles.
(iii) When teaching spaces cannot be provided with an adequate thermal environment by ventilation as determined by the commissioner, provision for cooling may be required by the commissioner.
(4) Sanitation.
(i) Water shall be safe and potable, from an approved source, and shall be dispensed within a facility from sanitary drinking fountains.
(ii) Toilet rooms shall have an adequate number of proper fixtures.
(iii) Sanitary sewers shall be connected to a municipal sewage system or an approved onsite disposal system.

(c) Sites for the erection or enlargement of facilities shall be approved by the commissioner, provided they have been selected with reasonable consideration of the following factors:
(1) size and location of a site shall be consistent with the long-term building plans of the district;
(2) sites shall be educationally adaptable with consideration for situation of building and development of the grounds for outdoor educational program and related activities, without excessive initial or development costs, and shall provide the following minimum usable acres, unless otherwise approved by the commissioner:
(i) elementary schools (kindergarten through sixth grade): three acres base plus one acre for each 100 pupils or fraction thereof;
(ii) secondary schools (7th through 12th grade): 10 acres base plus one acre for each 100 pupils or fraction thereof;
(3) sites shall be developed to conserve natural resources and avoid environmental problems within the limits of the educational program. Care shall be taken to insure that the site and facilities thereon are consistent with and contribute to the school and community environment and provide for the health and safety of occupants.

(d) Inspection of facilities.
(1) Structural safety inspections. Structural safety inspections occurring on or before October 7, 1999 shall be conducted pursuant to the provisions of this subdivision. To insure that all facilities occupied by students are properly maintained and preserved and provide a suitable educational setting, the board of education of each school district shall cause such facilities owned by the district to be inspected in accordance with section 409-d of the Education Law and this paragraph. A visual inspection of structural elements of all school buildings occupied by students shall be conducted annually.
(i) (a) In districts other than city school districts in cities having 125,000 inhabitants or more, annual structural inspections:
(1) shall include, but not be limited to, inspection of exterior wall components, doors, windows, retaining walls, roofs and interior building components for evidence of movement, deterioration and structural failure;
(2) shall be conducted by a team which is composed of at least the director of facilities, the building custodian and a code enforcement official; and
(3) shall be made prior to the 30th day of June of each school year.
(b) In city school districts in cities having 125,000 inhabitants or more, the visual structural inspection shall be conducted in accordance with standards established by the board of education of such city school district and submitted to the commissioner for approval.
(c) Annual visual safety inspections shall be made prior to the 30th day of June of each school year. Reports of such inspections shall be retained in district files for six years after the building no longer exists, but not less than 21 years, whichever is longer. Such reports shall be available to the public on request.
(ii) When a visual structural inspection discloses evidence of a possible defective structural condition, a licensed architect or licensed professional engineer shall be retained immediately to inspect the condition and ascertain if structural modifications are necessary. The architect or engineer shall present a written report of all findings to the board of education, which shall act to correct any defective structural conditions.
(iii) Building aid computed pursuant to paragraph (d) of subdivision 6 of section 3602 of the Education Law is available for inspections by a licensed architect or engineer which result from the annual visual structural inspection of a building if no claim for building aid for such an inspection in such building has been filed in the previous five years. The apportionment of such building aid for each school building so inspected by a school district in the base year shall not exceed the lesser of: the product of the building aid ratio and the actual cost, or the structural inspection aid ceiling computed by the commissioner. For aid payable in the 1993-94 school year and thereafter, the structural inspection aid ceiling shall be the sum of $10,000 plus an additional amount computed as follows:
(a) The monthly indices for the costs of labor and material determined by the New York State Department of Labor, adjusted for the base month of July 1993, shall be used to compute such additional amount. The commissioner shall compute an index number which shall equal the positive remainder resulting when one is subtracted from the quotient of the Department of Labor index for July of the current year divided by the Department of Labor index for July 1993.
(b) The additional amount shall be the positive result of the product of $10,000 and the index number computed pursuant to clause (a) of this subparagraph for the month of July in the current year.
(iv) Reports of structural inspections by the licensed architect or engineer shall be submitted to the commissioner together with any claim for building aid. For districts other than city school districts in cities having 125,000 inhabitants or more, copies of the reports shall also be submitted to the appropriate district superintendent of schools. A claim for building aid shall be made, in a form prescribed by the commissioner, within six months of the date of the architect's or engineer's report, for aid payable in the following school year.

Historical Note

Sec. amd. filed Feb. 3, 1971; repealed, new filed April 29, 1975; amds. filed: Nov. 20, 1978; Sept. 30, 1981; July 31, 1984; March 1, 1988; Oct. 20, 1992 as emergency measure; Jan. 19, 1993 as emergency measure; Feb. 22, 1993; Sept. 21, 1999 eff. Oct. 7, 1999. Amended (a)(4), (d)(1).

з 155.2 Construction and remodeling of school district facilities.

(a) All plans, specifications and work regarding the erection, enlargement, repair, replacement, maintenance or remodeling of occupied facilities of school districts and of boards of cooperative educational services shall comply with the Uniform Safety Standards for School Construction and Maintenance Projects as set forth in section 155.5 of this Part. Such uniform safety standards shall include but not be limited to: pre-construction testing and planning, exiting and ventilation, pre-construction notification, asbestos and lead protocols, control of dust, gases and fumes, protection from falling debris, and general safety and security.

(b) Plans and specifications for the erection, enlargement, repair or remodeling of facilities of school districts, other than in city school districts in cities having one million inhabitants or more, and of boards of cooperative educational services, shall be submitted to the commissioner when the contemplated construction costs of such work are $10,0001 or more, and for all projects affecting the health and safety of pupils.
(1) Documentation in such quantity and format as prescribed by the commissioner, including plans and specifications, addenda and change orders, shall be submitted to the commissioner for approval in accordance with procedures set forth by the commissioner. When approved, such documentation shall be retained by the department. A commissioner's approval letter referencing such documentation shall be sent to school authorities. School authorities shall maintain approved documentation, including copies of approved plans and specifications, addenda, change orders, and the associated commissioner's approval letter, for permanent filing.
(i) Plans and specifications shall conform to the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) and to this Part, and shall show in detail requirements of design and construction, space layout, circulation and exiting facilities, smoke and fire control, accident protection, visual and thermal environment and related electrical and mechanical work, and sanitation and related plumbing work which insure the health, safety and comfort of occupants of the facility.
(ii) Materials, equipment and types of construction which may endanger the health, safety and comfort of occupants shall not be used.
(iii) Construction materials, details and workmanship shall conform to generally accepted standards as determined by the commissioner.
(iv) Specifications for construction shall allow for equivalencies and shall not require the base bid to be based only on the materials or products specified.
(v) Specifications for construction shall require that contractors or suppliers furnishing mechanical equipment shall instruct the governing body of the school district or board of cooperative educational services or its representative in the proper operation and service of all such equipment at the time of completion and before acceptance of the building by such governing body.
(vi) Should accounting, tabulation or computer equipment be requested as original equipment, the plans and specifications shall conspicuously identify the areas or spaces for the installation of such equipment. Such plans and specifications shall contain a description of the equipment, its estimated costs, the need for and purpose of such equipment, a description of the space required to house the equipment, including the proposed pupil capacity of such space, and a description of the integral relationship between the construction work and the equipment. Such equipment shall not be approved for purposes of building aid computed pursuant to section 3602(6) of the Education Law, when located outside the constructed or reconstructed space or when not shown to have a direct integral relationship to the construction work.
(2) Plans and specifications for portions of facilities which require approval by other departments of the State shall be approved by the appropriate agencies having jurisdiction as a condition of commissioner's approval of plans and specifications of a facility.
(3) Decisions regarding compliance of plans and specifications with this section shall be determined by the commissioner.
(4) Plans and specifications submitted to the commissioner shall bear the signature and seal of an architect or engineer licensed to practice in the State of New York. The architect or engineer who sealed the plans and specifications shall also certify that the plans and specifications conform to the standards set forth in the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) and the State Energy Conservation Construction Code (9 NYCRR Parts 7810 through 7816).
(5) Upon approval of plans and specifications, the commissioner will issue a building permit subject to the following qualifications:
(i) During construction, the project shall be properly supervised by a licensed architect or engineer.
(ii) The building permit may be revoked by the commissioner in the event of violations of the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250), this Part or other safety standards imposed by law or regulation.
(6) Following completion of the project or a substantial portion thereof, the architect or engineer shall certify to the commissioner that the project was completed in conformance to the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250), this Part, and plans and specifications for the project which were previously approved by the commissioner.

(c) For remodeling or construction projects costing $5,000 or more, the governing body of a school district or a board of cooperative educational services shall assure compliance with the requirements of the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) and of this Part, and shall retain the services of an architect or engineer licensed to practice in New York State.

(d) For remodeling or construction projects costing less than $5,000, the governing body of a school district or a board of cooperative educational services shall assure compliance with the requirements of the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) and of this Part.

(e) (1) For each project for which a certificate of substantial completion is issued on or after April 1, 1995, all school districts, including a city school district having one million inhabitants or more and all boards of cooperative educational services, shall submit to the Commissioner a final cost report for the project by June 30 of the school year in which the certificate of substantial completion of the project is issued by the architect or engineer, or six months after issuance of such certificate, whichever is later. For projects for which a certificate of substantial completion is issued prior to April 1, 1995, the deadline for submission of a final cost report for the project shall be October 1, 1995.
(2) The commissioner may grant one or more extensions of the applicable deadline for submission of a final cost report pursuant to this section, upon a finding that the district is unable to complete the final cost report by the prescribed date because of circumstances beyond the control of the district. Each extension may be granted for a period of up to one year.

FOOTNOTE 1 When construction costs are $10,000 or more, building construction aid, pursuant to Education Law, ection 3602, is available for eligible capital outlays.

Historical Note
Sec. repealed, new filed April 29, 1975; amds. filed: May 1, 1984; July 31, 1984; Feb. 7, 1995; Sept. 21, 1999; Nov. 14, 2000 eff. Nov. 30, 2000. Amended (b)(1).
Research Reference
94 NY Jur 2d, Schools, Universities, and Colleges зз 57, 369.

CASE NOTES
Findings by Commissioner of Education that school district superintendent had violated statutory and administrative purchasing and bidding requirements, in connection with abortive purchase of four portable trailers that were intended to be used as temporary classrooms, were not arbitrary and capricious; while superintendent argued that he was not aware of various laws and regulations, superintendent had played central role in purchasing trailers and disregarding applicable laws and regulations, and played major role in bringing about failure of project and resulting loss to district. Donlon v. Mills (3 Dept. 1999) 689 N.Y.S.2d 260, 260 A.D.2d 971 , leave to appeal denied 722 N.E.2d 506, 700 N.Y.S.2d 426, 94 N.Y.2d 752.
School district was not subject to local noise ordinance requiring application for a building permit to carry on construction after 5:30 p.m. and on weekends; Education Law reserves to the state power over construction of school buildings. Op.Atty.Gen. (Inf.) 99-20.
Plans and specifications for school building heating equipment and facilities are subject to review by the Department of Environmental Conservation; county air quality regulations were inapplicable. Op.Atty.Gen. (Inf.) 99-5.
Private ownership of building to be built and leased to school district for use as school pursuant to Chapter 562 of Laws of 1996 does not affect power of commissioner under 8 NYCRR з155.2(a)(1)(i) to be enforce Uniform Fire Prevention and Building Code. Op.Atty.Gen. (Inf.) 98-1.

з 155.3 Comprehensive Public School Safety Program.

To ensure that all school facilities are properly maintained and preserved and provide suitable educational settings, the board of education of each school district and each board of cooperative educational services shall cause all occupied school facilities which are owned, operated or leased by the district or board to comply with the provisions of the Comprehensive Public School Safety Program as set forth in this section and the Uniform Code of Public School Building Inspections, Safety Rating and Monitoring, as prescribed in section 155.4 of this Part. For purposes of this section and sections 155.4 through 155.7 of this Part the term board of cooperative educational services shall be deemed to include a county vocational education and extension board. The Comprehensive Public School Safety Program shall consist of the following components:

(a) Building condition surveys. The board of education of each school district and each board of cooperative educational services shall develop building condition surveys for each occupied school building in accordance with section 3641(4) of the Education Law and the provisions of section 155.4(b)(1) of this Part.

(b) Annual visual inspections. The board of education of each school district and each board of cooperative educational services shall conduct annual visual inspections of each occupied school building in accordance with the provisions of section 155.4 (b)(2) of this Part, provided that the board of education of each school district and each board of cooperative educational services shall implement a safety rating system for all occupied school buildings pursuant to section 155.4(c) of this Part.

(c) Five year capital facilities plan. The board of education of each school district and each board of cooperative educational services shall develop a new five year capital facilities plan pursuant to section 155.1(a)(4) of this Part or amend its existing plan to comply with such section, provided that in the case of a city school district in a city having a population of one million inhabitants or more, such plan shall also comply with section 2590-p of the Education Law. Five year capital facilities plans shall be consistent with all district planning requirements including, but not limited to, the regional five year special education space requirements plan required by section 200.2(g) of this Title. Every school district and board of cooperative educational services shall use the safety rating of each occupied building in developing or amending its five year facilities plan. Such plan shall identify critical maintenance needs.

(d) Monitoring system. The board of education of each school district and each board of cooperative educational services shall establish procedures to monitor the safety and condition of all occupied school buildings in accordance with the provisions of section 155.4(d) of this Part.

(e) Waivers. The board of education of a school district or a board of cooperative educational services may apply to the commissioner for a waiver of the requirements of this section, or of any of the provisions of section 155.4 or 155.5 of this Part, upon a finding that such district had in existence on the effective date of this Part, school building safety inspection procedures which are in substantial compliance with such requirements. Such waiver requests shall include:
(1) identification of the regulatory requirement from which a waiver is sought;
(2) a copy of the building inspection procedures alleged to be in substantial compliance to such regulatory requirement, together with proof that such procedures were in effect on the effective date of this Part; and
(3) the names and qualifications of the inspectors carrying out such procedures; copies of previous reports under such procedures; and records of actions taken to correct deficiencies identified using such procedures.

Historical Note
Sec. amd. filed July 25, 1963; repealed, new filed April 29, 1975; amd. filed April 25, 1978; renum. 155.7, new filed Sept. 21, 1999 eff. Oct. 7, 1999.

з 155.4 Uniform Code of Public School Building Inspections, Safety Rating and Monitoring.

(a) Short title and application. This section, promulgated pursuant to sections 409-d, 409-e, 3602(6) and (6-e) and 3641(4) of the Education Law, shall be known as the Uniform Code of Public School Building Inspections, Safety Rating and Monitoring (hereinafter referred to as the code), and shall consist of three components: procedures for periodic inspections, a safety rating system and a monitoring system. The provisions of this section shall apply to all occupied public school buildings, provided that nothing herein shall prevent a school district or board of cooperative educational services from adopting stricter local codes. Such local code must meet or surpass all requirements of the code. Nothing herein shall affect a separate requirement to inspect and maintain school buildings pursuant to any other State or local law or regulation.

(b) Procedures for periodic inspections. To insure that all occupied school facilities are properly maintained and preserved and provide a suitable educational setting, the board of education of each school district shall cause such facilities owned, operated or leased by the district to be assessed in accordance with sections 409-d and 409-e of the Education Law and this section, and, where applicable, section 807-a of the Education Law and section 155.8 of this Part. Buildings shall be assessed by a building condition survey conducted once every five years, an annual fire safety inspection conducted pursuant to section 807-a of the Education Law and section 155.8 of this Part or pursuant to local law or codes, and an annual visual inspection conducted in years in which no building condition survey is conducted for the building.
(1) Building condition surveys. A building condition survey shall be conducted for all occupied school buildings on or before November 15, 2000 and at least every five years thereafter, provided that a building condition survey for new buildings which receive a certificate of substantial completion dated August 31, 1995 through September 30, 1999 shall not be required until November 15, 2005 and at least every five years thereafter; and provided further that new buildings which receive a certificate of substantial completion dated October 1, 1999 or thereafter shall be subject to a building condition survey every five years, starting with the second building condition survey following issuance of such certificate.
(i) The physical inspections required to complete the survey shall be conducted by a team that includes at least one licensed architect or engineer. The Commissioner of Education shall prescribe the format required to complete the survey.
(ii) The survey shall include, but not be limited to list of all program spaces and an inspection of the following building system components for evidence of movement, deterioration, structural failure, probable useful life, need for repair and maintenance and need for replacement:
(a) the building site, including utilities, paving, playgrounds, and play fields;
(b) roofing;
(c) exterior elements of the building, including walls, doors, windows, fire escapes;
(d) building structural elements;
(e) building interiors, including finishes, doors, and hardware;
(f) electrical systems, including service and distribution, lighting, communications, technology infrastructure and cabling;
(g) plumbing, including water distribution system, drainage system, and fixtures;
(h) heating and cooling systems, including boilers, furnaces, terminal units, and control systems;
(i) ventilation systems;
(j) air conditioning systems, including refrigeration, terminal units, and control systems;
(k) special construction, including stairs, elevators, escalators, and swimming pools;
(l) fire protection and security systems, including alarm, detection and fire protection; and
(m) environmental features, including appearance, cleanliness, acoustics, lighting quality, thermal comfort, humidity, ventilation and space adequacy.
(iii) Reports of building condition surveys, signed and sealed by the licensed architect or engineer, shall be submitted to the commissioner by January 15, 2001 and January 15th of every fifth year thereafter. Building aid computed pursuant to section 3602(6-e)(d) of the Education Law is available for building condition surveys conducted by a licensed architect or engineer if no claim for such a building condition survey in such a building has been filed in the previous five years. The apportionment of such building aid for each school building so inspected by a school district in the base year shall not exceed the lesser of the product of the building aid ratio and the actual cost, or the building condition survey aid ceiling computed by the commissioner. For aid payable in the 2000-2001 school year and thereafter, the building condition survey aid ceiling shall be the product of 20 cents plus an additional amount times the gross area of the building. Such additional amount shall be the result obtained when the cost of labor and material index determined by the New York State Department of Labor for the month of July of the current year is divided by the cost index for July 1999 and the result is rounded to two decimal places. A claim for building aid shall be made in a form prescribed by the commissioner, within six months of the date of the architect or engineer report, for aid payable in the following school year. Such reports shall be made available to the public on request.
(2) Annual visual inspections.
(i) A visual inspection of every occupied public school building shall be conducted annually provided, however, that a building condition survey conducted pursuant to paragraph (1) of this subdivision shall fulfill such requirement for the year in which such survey is conducted, and provided further that the commissioner may require more frequent inspections as deemed necessary to maintain the safety of school buildings and the welfare of their occupants.
(ii) The annual visual inspection shall consist of a visual re-inspection of the components of the building condition survey for changes that may have occurred and a review and update of the safety rating as needed.
(iii) The annual visual inspection shall be conducted by a team composed of a person certified by the Department of State as a code enforcement official, or in the case of the City of New York, a person certified by the New York City Building Department as a local code enforcement official, the district director of facilities or his or her designee, and a member of the health and safety committee required pursuant to subdivision (d) of this section.
(iv) If an annual visual inspection results in a determination that the building may have a deficiency that would result in a determination pursuant to subdivision (c) of this section that the safety rating of the building is unsatisfactory or unsafe/unhealthful, the board of education or board of cooperative educational services shall retain a licensed architect or engineer to perform a detailed inspection and develop a corrective action plan. In addition, the commissioner may require a board of education or board of cooperative educational services to conduct a detailed inspection by a licensed architect or engineer where the commissioner determines that:
(a) the school district or board of cooperative educational services has provided insufficient spending for maintenance, repair or capital renewal of the building; or
(b) the school provides a poor learning environment pursuant to section 100.2 (p) of this Title.
(v) The annual visual inspection shall be completed by November 15 of each year not scheduled for a building condition survey.
(vi) The results of the annual visual inspection of all occupied buildings shall be reported to the commissioner on forms prescribed by the commissioner, shall be signed by the person or persons who conducted the inspection and shall be filed with the commissioner by January 15th. Such reports shall indicate if more frequent inspections and repairs are necessary to protect the health and safety of students and staff occupying such school buildings. Annual visual inspection reports shall be made available to the public.
(vii) 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.

(c) Safety rating system. Each school district and board of cooperative educational services shall provide for the safety rating of all occupied school buildings keyed to the structural integrity and overall safety of the building on an annual basis.
(1) The safety rating shall be established by each district or board of cooperative educational services after consultation with the health and safety committee established pursuant to paragraph (d)(1) of this section and shall identify and assess the condition of every major system component of each occupied school building based upon overall assessment of the system or element, probable useful life, structural integrity, overall safety, need for repair and maintenance, need for replacement, the estimated cost of necessary repairs and/or replacement, and assessment of the effectiveness of the building comprehensive maintenance plan required by paragraph (d)(1) of this section.
(2) The major system components of each occupied school building shall be rated in one of the following categories:
(i) Excellent: identifies exemplar systems. No remediation required, requires only routine maintenance as identified in the building comprehensive maintenance plan.
(ii) Satisfactory: system is functioning reliably but routine maintenance and repair required.
(iii) Unsatisfactory: system is functioning unreliably or has exceeded its useful life. A corrective action plan is in place and repairs or replacement have been scheduled.
(iv) Unsafe/Unhealthful: system is non-functioning, unreliable or not functioning as designed. System endangers occupant health and/or safety, and/or has deficiencies that have resulted in serious accident or injury.
(v) Indeterminate: requires additional probing or testing and a summary report will be issued, or drawings or specifications are required.
(3) Building system deficiencies shall be categorized as health and safety, structural, comfort, or aesthetic.
(4) The overall rating of the building shall be determined by a weighted system developed by the commissioner in consideration of paragraphs (2) and (3) of this subdivision and in accordance with the following categories:
(i) Excellent: systems rated in overall excellent condition. Preventive maintenance plan in place.
(ii) Good: systems rated in overall good or better condition.
(iii) Satisfactory: any system categorized as comfort or aesthetic rated as unsatisfactory. All systems categorized as health and safety or structural rated good or better.
(iv) Unsafe/unhealthful: any system categorized as health and safety or structural rated unsafe and or unhealthful. This rating shall result in the revocation of the building's certificate of occupancy.

(d) Monitoring system. Boards of education and boards of cooperative educational services shall establish a process to monitor the condition of occupied public school buildings in order to assure that they are safe and maintained in a state of good repair. Such process shall include the following elements:
(1) Establishment of a health and safety committee comprised of representation from district officials, staff, bargaining units and parents.
(2) Establishment of a comprehensive maintenance plan for all major building systems to ensure the building is maintained in a state of good repair. Such plan shall include provisions for a least toxic approach to integrated pest management and establishing maintenance procedures and guidelines which will contribute to acceptable indoor air quality. The comprehensive maintenance plan shall be available for public inspection.
(3) The annual review and approval by the board of education or board of cooperative educational services of the annual building inspection reports and the five year building condition surveys.
(4) In the case of city school districts in cities having a population of 125,000 inhabitants or more, the annual review and approval by the board of education of district efforts for the care, custody, control and safekeeping of all school property as required by section 2554(4) of the Education Law.
(5) Procedures for assuring that an annual fire safety inspection of each building is conducted in accordance with section 807-a of the Education Law or applicable local laws or codes.
(6) Procedures for assuring that a current and valid certificate of occupancy is maintained for each building and posted in a conspicuous place. The New York City Board of Education shall post current and valid certificates of occupancy for buildings in accordance with the New York City building code and other applicable city regulations.
(7) Procedures for investigation and disposition of complaints related to health and safety. Such procedures shall involve the health and safety committee and at a minimum shall conform to the following requirements:
(i) Provide for a written response to all written complaints. Such written response shall describe:
(a) the investigations, inspections or tests made to verify the substance of the complaint, or a statement explaining why further investigations, inspections or tests are not necessary;
(b) the results of any investigations, inspections or tests which address the complaint;
(c) the actions, if any, taken to solve the problem; and
(d) the action, if any, taken if the complaint involved a violation of law or of a contract provision.
(ii) A copy of the response shall be forwarded to the health and safety committee.
(iii) Copies of all such correspondence shall be kept in a permanent project file.
(iv) Such records shall be made available to the public upon request.
(8) In the case of the New York City School District, the board of education shall report quarterly to the commissioner on the status of correcting violations issued by the New York City Department of Buildings. Such report shall indicate the progress made towards completing the projects identified in the educational facilities master plan.
(9) Every board of education and board of cooperative educational services shall take actions to immediately remedy serious conditions affecting health and safety in school buildings, and shall report such actions to the commissioner.
(10) All school construction and maintenance activities shall comply with the Uniform Safety Standards for School Construction and Maintenance Projects as set forth in section 155.5 of this Part.

Historical Note
Sec. amd. filed Jan. 18, 1966; repealed, new filed April 29, 1975; amd. filed April 25, 1978; repealed, new filed July 31, 1984; renum. 155.8, new filed Sept. 21, 1999 eff. Oct. 7, 1999.

з 155.5 Uniform Safety Standards for School Construction and Maintenance Projects

(a) Monitoring of construction and maintenance activities. The occupied portion of any school building shall always comply with the minimum requirements necessary to maintain a certificate of occupancy and shall be monitored during construction or maintenance activities for safety violations by school district personnel. It is the responsibility of the board of education or board of cooperative educational services to assure that these standards are continuously maintained when the building or any portion thereof is occupied.

(b) Investigation and disposition of complaints relating to health and safety received as a result of construction and maintenance activities. Boards of education and boards of cooperative educational services shall follow procedures established under section 155.4(d)(7) of this Part.

(c) Pre-construction testing and planning for construction projects.
(1) Boards of education and boards of cooperative educational services shall assure that proper planning is made for safety of building occupants during construction. For all construction projects for which bids are issued on or after September 30, 1999, such boards shall assure that safety is addressed in the bid specifications and contract documents before contract documents are advertised for bid. All school areas to be disturbed during renovation or demolition shall be tested for lead and asbestos. Appropriate procedures to protect the health of building occupants shall be included in the final construction documents for bidding.
(2) Boards of education and boards of cooperative educational services shall establish procedures for involvement of the health and safety committee to monitor safety during school construction projects. The health and safety committees in school districts other than in cities with one million inhabitants or more shall be expanded during construction projects to include the project architect, construction manager, and the contractors. Such committee shall meet periodically to review issues and address complaints related to health and safety resulting from the construction project. In the case of a city school district in a city of one million inhabitants or more, the board of education shall submit procedures for protecting health and safety during construction to the commissioner for approval. Such procedures shall outline methods for compliance with this section.
(3) The district emergency management plan shall be updated to reflect any changes necessary to accommodate the construction process, including an updated emergency exit plan indicating temporary exits required due to construction. Provisions shall be made for the emergency evacuation and relocation or release of students and staff in the event of a construction incident.
(4) Fire drills shall be held to familiarize students and staff with temporary exits and revised emergency procedures whenever such temporary exits and revised emergency procedures are required.

(d) Pre-construction notification of construction projects. The board of education or board of cooperative educational services shall establish procedures for notification of parents, staff and the community in advance of a construction project of $10,000 or more to be conducted in a school building while the building is occupied. Such procedures shall provide notice at least two months prior to the date on which construction is scheduled to begin, provided that in the case of emergency construction projects, such notice shall be provided as far in advance of the start of construction as is practicable. Such notice shall include information on the district's obligations under this section to provide a safe school environment during construction projects. Such notice requirement may be met by publication in district newsletters, direct mailings, or holding a public hearing on the project to inform parents, students, school personnel and community members.

(e) General safety and security standards for construction projects.
(1) All construction materials shall be stored in a safe and secure manner.
(2) Fences around construction supplies or debris shall be maintained.
(3) Gates shall always be locked unless a worker is in attendance to prevent unauthorized entry.
(4) During exterior renovation work, overhead protection shall be provided for any sidewalks or areas immediately beneath the work site or such areas shall be fenced off and provided with warning signs to prevent entry.
(5) Workers shall be required to wear photo identification badges at all times for identification and security purposes while working at occupied sites.

(f) Separation of construction areas from occupied spaces. Construction areas which are under the control of a contractor and therefore not occupied by district staff or students shall be separated from occupied areas. Provisions shall be made to prevent the passage of dust and contaminants into occupied parts of the building. Periodic inspection and repairs of the containment barriers must be made to prevent exposure to dust or contaminants. Gypsum board must be used in exit ways or other areas that require fire rated separation. Heavy duty plastic sheeting may be used only for a vapor, fine dust or air infiltration barrier, and shall not be used to separate occupied spaces from construction areas.
(1) A specific stairwell and/or elevator should be assigned for construction worker use during work hours. In general, workers may not use corridors, stairs or elevators designated for students or school staff.
(2) Large amounts of debris must be removed by using enclosed chutes or a similar sealed system. There shall be no movement of debris through halls of occupied spaces of the building. No material shall be dropped or thrown outside the walls of the building.
(3) All occupied parts of the building affected by renovation activity shall be cleaned at the close of each workday. School buildings occupied during a construction project shall maintain required health, safety and educational capabilities at all times that classes are in session.

(g) Maintaining exiting and ventilation during school construction projects. The following information shall be included in all plans and specifications for school building projects:
(1) A plan detailing how exiting required by the applicable building code will be maintained during construction. The plan shall indicate temporary construction required isolating construction equipment, materials, people, dust, fumes, odors, and noise during the construction period. Temporary construction details shall meet code-required fire ratings for separation and corridor enclosure. At a minimum, required exits, temporary stairs, ramps, exit signs, and door hardware shall be provided at all times.
A plan detailing how adequate ventilation will be maintained during construction. The plan shall indicate ductwork which must be rerouted, disconnected, or capped in order to prevent contaminants from the construction area from entering the occupied areas of the building. The plan shall also indicate how required ventilation to occupied spaces affected by construction will be maintained during the project.

(h) Fire and hazard prevention. Areas of buildings under construction that are to remain occupied shall maintain a certificate of occupancy. In addition, the following shall be strictly enforced:
(1) No smoking is allowed on public school property, including construction areas.
(2) During construction daily inspections of district occupied areas shall be conducted by school district personnel to assure that construction materials, equipment or debris not block fire exits or emergency egress windows.
(3) Proper operation of fire extinguishers, fire alarm, and smoke/fire detection systems shall be maintained throughout the project.

(i) Noise abatement during construction and maintenance activities. Construction and maintenance operations shall not produce noise in excess of 60 dba in occupied spaces or shall be scheduled for times when the building or affected building spaces are not occupied or acoustical abatement measures shall be taken. Noise level measurements (dba) shall be taken with a type 2 sound level meter in the occupied space in a location closest to the source of the noise. Complaints regarding excessive noise shall be addressed through the health and safety committee. The district should anticipate those times when construction noise is unacceptable and incorporate "no work" periods into the bid specifications.

(j) Control of chemical fumes, gases, and other contaminants during construction and maintenance projects. The bid specifications and construction contracts for each construction project shall indicate how and where welding, gasoline engine, roofing, paving, painting or other fumes will be exhausted. Care must be taken to assure fresh air intakes do not draw in such fumes.
(1) The bid specifications shall require schedules of work on construction and maintenance projects which include time for off-gassing of volatile organic compounds introduced during construction before occupancy is allowed. Specific attention is warranted for activities including glues, paint, furniture, carpeting, wall coverings, and drapery. Manufacturers shall be contacted to obtain information regarding appropriate temperatures and times needed to cure or ventilate the product during use and before safe occupancy of a space can be assured. Building materials or furnishings which off-gas chemical fumes, gases, or other contaminants shall be aired out in a well ventilated heated warehouse before it is brought to the project for installation or the manufacturer's recommended off-gassing periods must be scheduled between installation and use of the space. If the work will generate toxic gases that cannot be contained in an isolated area, the work must be done when school classes and programs are not in session. The building must be properly ventilated and the material must be given proper time to cure or off- gas before re-occupancy.
(2) Manufacturer's material safety data sheets (MSD) shall be maintained at the site for all products used in the project. MSDS must be provided to anyone who requests them. MSDS indicate chemicals used in the product, product toxicity, typical side effects of exposure to the product and safe procedures for use of the product.

(k) Asbestos abatement protocols. All asbestos abatement projects shall comply with all applicable Federal and State laws including but not limited to the New York State Department of Labor industrial code rule 56 (12 NYCRR 56), and the Federal Asbestos Hazard Emergency Response Act (AHERA), 40 CFR part 763 (Code of Federal Regulations, 1998 Edition, Superintendent of Public Documents, U.S. Government Printing Office, Washington, DC 20402; 1998; available at the Office of Facilities Planning, Education Building Annex, Room 1060, State Education Department, Albany, NY 12234). Large and small asbestos projects as defined by 12 NYCRR 56 shall not be performed while the building is occupied. Minor asbestos projects defined by 12 NYCRR 56 as an asbestos project involving the removal, disturbance, repair, encapsulation, enclosure or handling of 10 square feet or less of asbestos or asbestos material, or 25 linear feet or less of asbestos or asbestos material may be performed in unoccupied areas of an occupied building in accordance with the above referenced regulations.

(l) Lead paint. Any construction or maintenance operations which will disturb lead based paint will require abatement of those areas pursuant to protocols detailed in the "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" (June 1995; U.S. Department of Housing and Urban Development, Washington, D.C. 20410; available at the Office of Facilities Planning, Education Building Annex, Room 1060, State Education Department, Albany, NY 12234). All areas scheduled for construction as well as areas of flaking and peeling paint shall be tested for the presence of lead and abated or encapsulated in accordance with the above noted guidelines.

(m) Radon. Districts shall take responsibility to be aware of the geological potential for high levels of radon and to test and mitigate as appropriate. This information is available from the New York State Department of Health Radon Measurement Database.

(n) Post construction inspection. The school district or board of cooperative educational services shall provide the opportunity for a walk-through inspection by the health and safety committee members to confirm that the area is ready to be reopened for use.
Historical Note
Sec. repealed, filed April 29, 1975; new filed June 27, 1977; amd. filed June 18, 1996; renum. 155.9, new filed Sept. 21, 1999 eff. Oct. 7, 1999.

з155.6 School facility report cards.

(a) Commencing January 1, 2001 and each year thereafter, every school district and board of cooperative educational services shall prepare a school facility report card for each occupied school building. In the case of the New York City School District, the Chancellor of the City School District shall prepare school facility report cards for facilities of community school districts and of the central board.

(b) The school facility report card for each building shall be reviewed annually by the board of education or board of cooperative educational services. The board of education or board of cooperative educational services shall report in a public meeting or, in the case of the New York City School District, in public meetings held in each community school district on the status of each item set forth in subdivision (c) of this section for each facility located in the district in which the public meeting is held.

(c) The school facility report card shall contain the following information in a format prescribed by the commissioner:
(1) building age;
(2) building size;
(3) enrollment by building;
(4) rated capacity of the building;
(5) list of program spaces;
(6) probable useful life of the building;
(7) five-year building condition survey results;
(8) annual building visual inspection results;
(9) school building safety rating;
(10) certificate of occupancy status and expiration date;
(11) five-year capital facilities plan status;
(12) estimated costs to restore the school buildings to a state of good repair;
(13) estimated costs to keep the building in a state of good repair;
(14) projected operations and maintenance spending for the current school year;
(15) need for routine maintenance, repairs, rehabilitation, reconstruction, construction and other improvements;
(16) estimated energy costs for the current school year;
(17) a description of Health and Safety Committee activities; and
(18) the following environmental information:
(i) status of the Federal Asbestos Hazard Emergency Response Act (AHERA) plan;
(ii) status of measures taken to assure acceptable indoor air quality;
(iii) status of any required lead testing;
(iv) status of any required radon testing;
(v) status of the district's integrated pest management program; and
(vi) name of the right-to-know designee for the building.

Historical Note
Sec. filed April 28, 1971; renum. 155.10, new filed Sept. 21, 1999 eff. Oct. 7, 1999.

з 155.7 Health and safety in existing educational facilities.

Facilities in school districts, other than city school districts in cities having 125,000 inhabitants or more, shall meet the following requirements and, in particular instances, such other requirements as may be deemed necessary by the commissioner to insure the health and safety and accident protection of occupants.

(a) Exits.
(1) There shall be at least two means of egress remote from each other, leading from each floor occupied by pupils, including basements.
(i) When pupils enter into a corridor, there shall be a choice of two unobstructed means of egress in different directions.
(ii) Handrails shall be provided on at least one side of stairways, and on both sides of stairways 88 inches or more in width.
(iii) There shall be no storage under any stairs or landings unless the enclosure is of approved fire-resistant construction.
(iv) Provision of fire escapes of approved design may be required where other exits are determined to be inadequate for fire safety.
(2) Dead-end corridor pockets shall not exceed a maximum depth of 11/2times the width of the pocket or 11/2 times the width of the corridor, whichever is less, unless otherwise approved by the commissioner.
(3) Corridors and exitways shall be kept clear and free of obstructions at all times.
(4) Fixed and portable security gates shall not be located or used where they will obstruct exits or create dead-end conditions for occupied spaces.
(5) Every space of pupil occupancy over 500 square feet in area shall have two separate means of egress from such space. A space of pupil occupancy is any room or self-contained space housing pupils on a regular basis, other than a place of assembly or small rooms where no more than 10 pupils are under direct, responsible, adult supervision. Each means of egress shall be in a separate smoke zone, unless immediately adjacent to an approved exit. The primary exit is commonly the opening to the corridor. The second means of egress may be a door opening into a separate smoke zone, or a door directly to the exterior, or a window of such size and design that will facilitate egress, or a door providing egress through adjacent spaces where specifically approved.
(i) Any point in a space of pupil occupancy shall not exceed a maximum of 50 feet straight-line distance to an exit, unless otherwise approved by the commissioner. Any additional exit necessary to satisfy this requirement shall be remote and may be required to be directly to the exterior.
(ii) When spaces of pupil occupancy are defined in an open area by wardrobes, cabinetry and other furniture which does not present obstructions to egress and which allows students to circulate freely from one space to another, the total open space is considered, for exiting purposes, as a single space. Exits from such open-planned space shall meet requirements determined by the commissioner.
(6) Required emergency egress windows shall be of a size and design, including hardware and, in appropriate
nstances, steps or ladder to high sills, that will permit and facilitate emergency egress. Such windows shall be free of obstructing screens or storm sash.
(i) The minimum clear opening area for such windows shall be six square feet, with a minimum dimension of 24 inches, unless otherwise approved by the commissioner. (ii) At least one such window in each space of pupil occupancy shall be marked with an appropriate sign identifying it as an emergency egress window.
(7) Places of assembly. A place of assembly is any area used for the assembly of 100 or more persons, and spaces over 1800 square feet in area used for the assembling of persons. A place of assembly shall have at least two exits remote from each other.
(i) Maximum occupancy for places of assembly shall be based on the number and size of existing approved exits on the basis of 50 persons for each one-half exit unit of 11 inches. Where existing exits are inadequate for the occupancy capacity of a place of assembly, or when directed by the commissioner, signs restricting the number of occupants shall be conspicuously posted at each exit location. Signs shall read in red letters on white background:
"MAXIMUM OCCUPANCY - 3inch. high, 3/4inch. stroke

NOT TO EXCEED - 2inch. high, 1/2inch. stroke

XXX PERSONS" - 3inch. high, 3/4inch. stroke

(8) Courtyards with completely enclosed perimeters are areas of possible pupil occupancy and must be provided with exits as a space of pupil occupancy and as follows, unless otherwise approved by the commissioner:
(i) Enclosed courts up to a 700-square foot area shall have at least one exit equipped with hardware of a type which will always permit the door to be opened from the court side without the use of a key.
(ii) Enclosed courts of more than a 700-square foot area shall have at least two exits, remote from each other, equipped with hardware of a type which will always permit the door to be opened from the court side without the use of a key.
(9) Hardware.
(i) All door hardware from spaces of pupil occupancy shall be of a type that will always permit the door to be opened from within the space without the use of a key.
(ii) All exterior and interior doors in exitways, and exit doors from places of assembly shall have panic hardware, except that panic hardware is not required for push/pull interior exit doors if these doors have nonlatching hardware. Panic hardware shall not be required for exterior corridor doors serving less than three classrooms or for doors serving only service areas such as boiler room, kitchen or storerooms.
(iii) Exit doors shall not be locked or chained or otherwise rendered inoperable from the inside at any time.

(b) Smoke and fire control. As used in this subdivision, the terms Class "A", "B" or "C" refer to types of construction which are defined by subdivision 11 of section 11 of the Local Finance Law.
(1) In Class "B" and Class "C" buildings of two stories or more, unless otherwise approved, stairs shall be enclosed at each floor level and every floor shall be separated from levels above and below by stair enclosures and/or smoke barriers constructed to obstruct effectively the passage of smoke and fumes, or every space of pupil occupancy shall be provided with direct exit to the exterior. In appropriate instances, alternate means of egress may be required and stairway enclosures in Class "A" construction may be required.
(2) Class "B" and Class "C" buildings shall not have places of assembly above the first floor, except in a Class "B" building a written exception may be granted where it is determined by the commissioner that adequate exits exist.
(3) In appropriate instances, doors, walls and ceilings of places of assembly and exitways (corridors, stairs, vestibules, etc.) may be required to be finished with fire retardant materials or coatings.
(4) Stairway enclosures required by paragraph (1) of this subdivision and smoke barriers required by paragraph (5) of subdivision (a) of this section shall be constructed of noncombustible materials of such design and detail to obstruct effectively the passage of smoke and fumes.
(i) Doors in stair enclosures and smoke barriers shall be metal, metal covered, approved treated wood construction, or solid bonded core wood doors not less than 13/4 inches thick.
(ii) Glazing in doors, sidelights and frames shall be one-quarter inch wire glass.
(iii) Such doors shall swing in the direction of egress, with no latching or locking devices unless operated by panic hardware. Double-acting hinged doors are not permitted and corridor pockets opposing swing of doors shall conform to the provisions of paragraph (2) of subdivision (a) of this section.
(iv) Such doors shall be self-closing and maintained in a normally closed position unless approved automatic release devices are provided, whereby upon interruption of an electrical circuit, the door is released and becomes self-closing. The electrical circuit shall be positively interrupted by operation of an approved smoke detection system and/or activation of the building fire alarm system. Fusible links shall not be used to hold open such doors.
(5) Wood floors shall not be treated or finished with oil. Floors so finished previously shall be cleaned and refinished with a penetrating seal.
(6) Fire extinguishers shall be located so that no point in a corridor, lobby or stair is more than 120 feet from an extinguisher. Fire extinguishers shall also be placed readily accessible to auditorium stages, shops, cafeterias and kitchens, boiler rooms, science labs and accessible from other places which are possible sources of fire. Fire extinguishers shall bear the Underwriter's label and be of a type most suitable for the kind of fire most likely to occur in a given area.
(7) Fire-resistive (hourly rated) floors, interior walls and doors, and ceilings shall be provided at the following spaces unless otherwise approved by the commissioner. Those spaces having a roof over the entire space may have roof construction and ceilings of nonrated fire- resistive materials.
(i) Two-hour fire-rated construction with 11/2 hour fire-rated, self-closing fire doors are required at:
(a) boiler, heater or furnace rooms;
(b) refrigeration, electrical and equipment rooms;
(c) incinerator rooms;
(d) storerooms for fuel, flammable liquids and gas powered equipment; and
(e) transformer vaults.
(ii) Required fire doors shall be maintained in a normally closed position and not held open by fusible links.
(iii) Combustible attic space shall not be used for storage.

(c) Accident protection.
(1) Glazing of panels and doors shall be with safety glazing materials as follows, unless glazed areas are protected by approved grilles or rails:
(i) interior exit doors, exterior exit doors and immediately adjacent sidelights, except where glazing is 48 inches or more above the floor;
(ii) all glazed panels where glazing is within 18 inches of the floor, or platform level of music-room type risers;
(iii) gymnasiums and playrooms and elsewhere where subject to physical abuse;
(iv) acceptable safety glazing materials shall be at least one-quarter inch thick wire glass, one-quarter inch tempered (heat treated) glass, one-quarter inch laminated safety glass, or approved plastic materials.
(2) Glazed doors and sidelights within six feet of such doors shall be marked by appropriate means in accord with the provisions of Part 47 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York, except marking on door and/or sidelight is not required:
(i) where less than 80 percent of the area of the door or sidelight above a reference line 18 inches above the floor is glazed;
(ii) where width of sidelight is not more than 20 inches, with 1 3/4 inch minimum opaque stiles;
(iii) where floor treatment a distance of three feet out from a sidelight will deter approach;
(iv) where sidelights are supported on 18-inch minimum height opaque sill and wall construction;
(v) where sidelights are protected by approved 18-inch minimum height permanent barriers such as benches, planters or guardrails, extending across at least two thirds of the sidelight.
(3) Window cleaning. Safety provisions shall be made for persons engaged in window cleaning. Windows shall be cleaned from approved safe surfaces, windowsills or ledges, boatswain's chairs or scaffolds, all as defined in Part 21 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
(i) A safe surface is a place where the cleaner is working not over six feet off the floor or grade and not over three feet above a stair run. Ladders may be used generally when the top of the window is not over 35 feet above grade or floor. Windowsills and ledges may be used when the window openings are provided with approved anchors for use with safety belts. Approved boatswain's chairs and scaffolds also may be used.

(d) Mechanical. Mechanical equipment, heat-producing and cooling equipment, auxiliary apparatus and controls, and installation and use of same, shall be such as will insure safe operation in accord with applicable recognized standards, as determined by the commissioner, and be consistent with efficient energy consumption.
(1) Gas and oil fuel-burning equipment having a capacity of over 400,000 BTU per hour shall be provided with electronic flame safeguard controls which, upon flame failure, shall normally respond in two to four seconds to cut off fuel supply through the burner and main fuel valve.
(2) All primary controls for fuel-burning equipment shall operate on a 120-volt, single- phase grounded circuit. Such controls generally include the hold-in coil of the motor starter, the solenoid coil for the pilot valve, the solenoid coil for the main fuel valve or the actuator for the motorized fuel valve, the ignition transformer and the modulator transformer.
(3) Direct-fired fuel-burning heating units shall not be used in any space of pupil occupancy.
(4) Unused duct work shall be sealed off at each floor level with fire-resistive materials.
(5) Ventilation with fresh air shall be available in all occupied spaces.

(e) Water and sanitation.
(1) An adequate supply of safe, potable water for drinking shall be dispensed from approved sanitary drinking fountains.
(2) Toilet rooms for boys and girls, with flush toilets and wash sinks which are connected to an adequate water supply under pressure, and connected to an approved individual or public sewage disposal system, shall be provided.
(3) No source of water supply, nor sewage disposal system, shall be used which has not been approved by the appropriate agency of the State Department of Health or Department of Environmental Conservation.

(f) Gas.
(1) Gas entering a school building shall be low-pressure gas.
(2) Gas transmission and distribution piping shall meet the requirements of the Public Service Commission.

(g) Electrical. Electrical equipment and auxiliary apparatus and controls, and installation and use of same, shall be such as will insure safe operation in accord with applicable recognized standards, as determined by the commissioner, and be consistent with efficient energy consumption.
(1) Suitable and sufficient artificial light shall be provided for the visual tasks being performed.
(2) Exit lights. School buildings shall be provided with exit lights to identify building exits, stairs, corridors, and exits from places of assembly, and to designate the path of travel to the exterior, except school buildings having six or less classroom areas may have exit signs in place of exit lights.
(i) The word "EXIT" shall be in letters not less than 4 1/2 inches high and strokes not less than 3/4 inches wide.
(ii) Exit lights shall be circuited and wired to minimize the possibility of interruption.
(3) Emergency lighting. Automatic emergency lighting systems shall be provided for places of assembly exceeding an area of 1800 square feet, and for all exitways leading from such areas. Such areas include all-purpose rooms, auditoriums, cafeterias, group-instruction rooms, playrooms and gymnasiums, swimming pools and other combination places of assembly.
(4) Fire alarm.
(i) School buildings of seven or more classroom areas shall be equipped with a manually operated electric fire-alarm system, which may include automatic smoke and/or fire detection, which will continue to sound the alarm until the tripped station has been restored to normal operation or, in an existing system, has completed a cycle of not less than 30 seconds.
(ii) School buildings of one to six classroom areas shall be equipped with either a manual, hand or electric, fire alarm which is capable of being sounded for such a period of time as will insure evacuation of the building, or an electric fire-alarm system as described in subparagraph (i) of this paragraph.
(iii) School buildings within fire districts having an electrically operated, street-located general municipal fire-alarm box system shall have, wherever practical, the school building fire-alarm system interconnected to the municipal system, so that sounding of the school building fire-alarm system automatically gives the alarm to the fire department affording protection to the school building. Wherever practical, a fire-alarm box compatible with the municipal system, which will sound the alarm of the school building system, shall be accessibly located on the site or on the school building.
(5) Telephone. A telephone which can be used in the case of emergency shall be provided in all buildings having pupil occupancy.

(h) Additions and alterations. In the case of additions to or alterations of an existing facility, the requirements of this section must be continuously maintained during the construction period, or provisions made to provide equivalent safety to the school-district-occupied portions of the facility.

(i) Facilities shall be operated and maintained to provide effectively for the accident protection and life safety of occupants, to reduce exposure to property loss by fire, and to assure efficient use of natural resources.

(j) When, based on these regulations, it is the judgment of the commissioner that the general conditions of a school building, or any part thereof, indicate that it would be detrimental to the health and safety of occupants, the commissioner may designate an area or areas of the building as unusable for pupil occupancy or may limit the number of occupants thereof.

Historical Note
Sec. filed Jan. 29, 1973; amds. filed: Feb. 28, 1974; Feb. 26, 1991; renum. 155.11, new added by renum. 155.3, filed Sept. 21, 1999 eff. Oct. 7, 1999.

з 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 (9 NYCRR Parts 600 through 1250) 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 155.3 of this Part or of 9 NYCRR Parts 1150 through 1197 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 (9 NYCRR Parts 600 through 1250) 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 (9 NYCRR Parts 600 through 1250);
(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 155.3 of this Part, or of 9 NYCRR Parts 1150 through 1197, which appears on the fire safety inspection report in a timely manner;
(vi) existence of any nonconformance with the requirements of section 155.3 of this Part, or of 9 NYCRR Parts 1150 through 1197, 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 (9 NYCRR Parts 600 through 1250) 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.

Historical Note
Sec. filed Nov. 27, 1974; amd. filed April 25, 1978; repealed, new filed March 30, 1993; amd. filed April 19, 1994; renum. 155.12, new added by renum. 155.4, filed Sept. 21, 1999; amd. filed Nov. 14, 2000 eff. Nov. 30, 2000.

з 155.9 Environmental quality review.

School districts shall follow the procedures in 6 NYCRR Part 617 in connection with any action proposed by such districts which requires approval of the commissioner pursuant to Education Law, sections 408 and 1950. As used in this section, school district shall mean any school district, other than school districts in cities having one million inhabitants or more, and any board of cooperative educational services.

Historical Note
Sec. filed Sept. 29, 1980; amds. filed: Sept. 30, 1981; July 26, 1985 as emergency measure; Sept. 24, 1985; renum. 155.13, new added by renum. 155.5, filed Sept. 21, 1999; amd. filed Nov. 14, 2000 eff. Nov. 30, 2000.
Research Reference
55 NY Jur 2d, Environmental Rights зз57-64
94 NY Jur 2d, Schools, Universities and Colleges зз366, 367, 371
61A Am Jur 2d, Pollution Control зз46-49
68 Am Jur 2d, Schools зз71, 75

з 155.10 School swimming pools.

Use of school swimming pools shall at all times be under the personal supervision of a lifeguard possessing, as a minimum qualification, a current senior lifesaving certificate from the American National Red Cross or a equivalent certifying agency approved by the State Commissioner of Health.

Historical Note
Sec. filed March 28, 1983; renum. 155.14, new added by renum. 155.6, filed Sept. 21, 1999 eff. Oct. 7, 1999.

з 155.11 Acquisition of existing buildings.

(a) Any existing school building or school buildings shall be appraised as school buildings, and the land on which they are situated shall be appraised as school sites by the State Board of Equalization and Assessment.

(b) The value of any existing building not used for school purposes shall be determined by referring to the assessment roll or rolls on which the property is located or by an appraisal caused to be made by the board of education.

(c) An estimate shall be made of the cost of any necessary renovation due to the age and condition of the building by an engineer or architect licensed to practice in the State of New York and retained by the school district contemplating the purchase of an existing building.

(d) The combined costs of acquisition and renovation due to the age and condition of the building shall not exceed the cost, estimated by an engineer or architect licensed to practice in the State of New York, to construct a new building having comparable features on a comparable site. Any apportionment for the above acquisition and renovation shall be based on the maximum cost allowance determined in accordance with the provisions of subdivision 6 of section 3602 of the Education Law.

(e) Any proposed renovation of such existing structure shall be undertaken only with the prior approval of the Commissioner of Education and shall comply with applicable provisions of sections 155.1 and 155.3 of this Part.

Historical Note
Sec. filed Feb. 28, 1984; renum. 155.15, new added by renum. 155.7, filed Sept. 21, 1999 eff. Oct. 7, 1999.

з 155.12 Lease approval and building aid for leased school buildings and facilities by school districts.

(a) Definitions. As used in this section:
(1) Annual lease means a lease of real property, the term of which is no greater than one school year, which terminates no later than June 30th.
(2) Multi-year lease means a lease of real property, the term of which is greater than one school year, which terminates no later than June 30th of any school year.

(b) Approval of leases outside of New York City. To obtain prior approval of a lease pursuant to sections 403-b(1)(c), 2503(8) and/or 2554(6) of the Education Law, the board of education of a union free, central, central high school or city school district other than the city school district of the City of New York shall submit the following to the commissioner:
(1) the proposed lease, which shall be an annual lease, multi-year lease or an amendment or extension thereof, shall include the following information:
(i) the complete legal names and addresses of all parties and the address of the leased property;
(ii) the lease term; and
(iii) the amount, frequency and due dates for lease payments, including the total of payments for the duration of the lease term;
(2) to show need, a copy of the district's updated long-range facilities plan required pursuant to section 155.1 of this Part which includes the proposed leased space as well as all other planned acquisitions, disposals and leasing of buildings for school purposes during the period of the plan; and
(3) to show that the proposed leased facility meets all applicable standards for the health, safety and comfort of the occupants, is educationally adequate and where the facility is located on its site:
(i) a request for approval of use on the form prescribed by the commissioner;
(ii) concerning State Uniform Fire Prevention and Building Code conformance (9 NYCRR Parts 600-1250);
(a) a copy of the current certificate of occupancy issued by the local code enforcement agency; or
(b) certification by a licensed architect/engineer that the whole building, as well as the space being used, complies with applicable provisions of Chapter C of the Uniform Fire Prevention and Building Code (9 NYCRR Parts 600-1250);
(iii) the fire safety report required by section 155.4 of this Part:
(a) with no nonconformances; or
(b) in the case of nonconformances, certification that correction of the nonconformances are part of a capital project submitted with the lease approval request;
(iv) a site plan; and
(v) floor plan(s); and
(4) to indicate the location of the leased facility, certification by the superintendent of schools that:
(i) the leased school/facility is located within the district but not on district-owned property; or
(ii) the leased school/facility is owned by and is located in a neighboring union free or central school district. The distance between the two districts in miles shall be provided by the superintendent;
(5) certification by an attorney representing the board of education that:
(i) the board has taken proper procedural steps to authorize the lease;
(ii) the initial term of the lease, not including any renewals thereof, does not exceed the period of probable usefulness that would be prescribed for such building or facilities by the Local Finance Law if the building or facility were owned by a school district;
(iii) voter approval has been obtained where required by law:
(a) for a lease longer than five years;
(b) in the case of renewals; and
(c) for any capital project to be undertaken in a leased building or facility;
(iv) the lease does not include an option to buy;
(v) the lease includes a provision that the lease shall be void and unenforceable if entered into in violation of section 801 of the General Municipal Law or section 410 of the Education Law; and
(vi) the lease payments or other annual payment under the lease does not include the costs of heat, electricity, water or other utilities or the costs of operation or maintenance of the leased facility;
(6) for a district seeking aid for lease expense pursuant to subdivision 6 of section 3602 of the Education Law, a certification by the superintendent of schools that:
(i) the leased school or facility meets requirements for access by individuals with disabilities to both facilities and programs by complying with section 200.2 of this Title; and
(ii) the leased space will be used to house programs for pupils in grades preK-12, who are enrolled in any prekindergarten or nursery school program offered by the school district pursuant to section 1712, 2514 or 2555 of the Education Law or who are over five and under 21 years of age and who have not received a high school diploma, with minimal associated administrative and support service space.

(c) Approval of capital projects outside of New York City. To obtain prior approval of a capital project in a leased building or leased facility during the term of the lease, pursuant to sections 403-b(1)(b), 2503(8) and/or 2554(6) of the Education Law, a board of education of a union free, central, central high school, or city school district other than the city school district of the City of New York shall submit the following to the commissioner:
(1) an explanation of the need for the capital project in light of the district's long-range facilities plan, submitted pursuant to paragraph (b)(2) of this section and updated to reflect the need for the proposed capital project; and
(2) certification:
(i) that the lease is for a term of at least 10 years subsequent to the general contract for such construction, reconstruction, rehabilitation or improvement; and
(ii) that where required by law, approval of the voters of the school district which will become the lessee has been obtained;

for capital projects proposed in a school building leased from another school district, plans and specifications in accordance with section 155.2 of this Part;
(4) for capital projects proposed in a school building leased from a person, partnership or corporation other than another school district, submit for review for educational adequacy and conformance with the requirements of this Part, plans and specifications proposed to be submitted to the local building authority for a building permit.

(d) Approval of leases in the City of New York. To obtain prior approval of a lease pursuant to section 2554(6) of the Education Law, the board of education of the city school district of the City of New York shall submit the following to the commissioner:
(1) the proposed lease, which shall be an annual lease, multi-year lease or an amendment or extension thereof, and shall include the following information:
(i) the complete legal names and addresses of all parties and the address of the leased property;
(ii) the lease term; and
(iii) the amount, frequency and due dates for lease payments, including the total of payments for the duration of the lease term;
(2) to show need, a copy of the district's current five year facilities plan, or other long- range facilities plan as applicable, that is consistent with section 155.1 of this Part, and includes the proposed lease as well as all other planned acquisitions, disposals and leasing of buildings or school purposes during the period of the plan;
(3) to show that the proposed leased facility meets all applicable standards for the health, safety and comfort of the occupants, is educationally adequate and where the facility is located on its site, submit:
(i) a request for approval of use on the form prescribed by the commissioner;
(ii) a copy of current certificate of occupancy issued by the local code enforcement agency;
(iii) a site plan; and
(iv) floor plan(s);
(4) certification by an attorney representing the board of education that:
(i) the board has taken proper procedural steps to authorize the lease;
(ii) the initial term of the lease, not including any renewals thereof, does not exceed the period of probable usefulness that would be prescribed for such building or facilities by the Local Finance Law if the building or facility were owned by a school district;
(iii) voter approval has been obtained where required by law:
(a) for a lease longer than five years;
(b) in the case of renewals; and
(c) for any capital project to be undertaken in a leased building or facility;
(iv) the lease does not include an option to buy;
(v) the lease includes a provision that the lease shall be void and unenforceable if entered into in violation of section 801 of the General Municipal Law or section 410 of the Education Law; and
(vi) the lease payments or other annual payment under the lease do not include the costs of heat, electricity, water or other utilities or the costs of operation or maintenance of the leased facility;
(5) for the district seeking aid for lease expense pursuant to subdivision 6 of section 3602 of the Education Law, a certification by the superintendent of schools that:
(i) the leased school or facility meets requirements for access by individuals with disabilities to both facilities and programs by complying with section 200.2 of this Title; and
(ii) leased space will be used to house programs for pupils in grades preK-12, who are enrolled in any prekindergarten or nursery school program offered by the school district pursuant to section 1712, 2514 or 2555 of the Education Law or who are over five and under 21 years of age and who have not received a high school diploma, with minimal associated administrative and support service space.

(e) Approval of capital projects in New York City. To obtain prior approval of a capital project in a leased building or facility during the term of the lease pursuant to sections 403-b(1)(b) and 2554(6) of the Education Law, the board of education of the City of New York shall submit the following to the commissioner:
(1) an explanation of the need for the capital project in light of the district's long-range facilities plan, submitted pursuant to paragraph (d)(2) of this section and updated to reflect the need for the proposed capital project;
(2) provide certification:
(i) that the lease is for a term of at least 10 years subsequent to the general contract for such construction, reconstruction, rehabilitation or improvement;
(3) for capital projects proposed in a school building leased from another school district, submit plans and specifications in accordance with section 155.2 of this Part; or
(4) for capital projects proposed in a school building leased from a person, partnership or corporation other than another school district, submit for review for educational adequacy and conformance with the requirements of this Part, plans and specifications proposed to be submitted to the local building authority for a building permit.

(f) Following the completion of a capital project, submitted to the commissioner pursuant to subdivision (c) or (e) of this section, a new certificate of occupancy issued by the local building authority shall be submitted together with school district certification that the work was done in accordance with submitted plans and specifications. Where the work deviates from the submitted plans and specifications, as-built drawings shall be submitted for review.

(g) Apportionment of building aid under subdivision 6 of section 3602 of the Education Law for leases approved by the commissioner pursuant to section 403-b, subdivision 8 of section 2503, or subdivision 6 of section 2554 of the Education Law shall be apportioned pursuant to provisions of this subdivision.
(1) Any apportionment for an approved lease with a term of 15 years or more shall be based on the maximum cost allowance determined in accordance with the provisions of subdivision 6 of section 3602 of the Education Law. Such apportionment shall be paid on each annual lease payment until the total of such annual lease payments equals the maximum cost allowance. No apportionment shall be paid for annual lease payments made after the sum of such annual lease payments exceeds the maximum cost allowance.
(2) Any apportionment for an approved lease with a term of less than 15 years shall be based on the product of the maximum cost allowance determined in accordance with the provisions of subdivision 6 of section 3602 of the Education Law and the quotient of the number of years in the term of the lease divided by 15. Such apportionment shall be paid on each annual lease payment until the total of such annual lease payments equals such product. No apportionment shall be paid for annual lease payments after the sum of such annual payments exceeds such product.
(3) The lease payment schedule shall be structured so that no annual payment is less than 50 percent of any prior annual payment.
Historical Note
Sec. filed July 26, 1985 as emergency measure; Sept. 24, 1985; renum. 155.16, new added by renum. 155.8, filed Sept. 21, 1999 eff. Oct. 7, 1999.

з155.13 Apportionment for asbestos projects.

Funds available to public school districts, specifically for the purpose of building projects designed to eliminate asbestos hazards from school facilities, shall be apportioned pursuant to provisions of this section and in accordance with article 9-A of the Education Law, except that school asbestos hazard abatement grants authorized by section 437 of the Education Law, shall be apportioned pursuant to section 155.12 of this Part.

(a) Such funds shall be available for projects for which an application, in form and substance as required by the commissioner, is submitted to the Education Department by December 1st of the school year for which such funds are appropriated. Each such application shall include, but shall not be limited to, the following assurances by the board of education of the public school district:
(1) that an imminent health hazard due to the presence of asbestos, as such terms are defined in section 432 of the Education Law, exists;
(2) that the project is designed to remove, contain or encapsulate asbestos;
(3) that, contingent upon approval of the project pursuant to this section, a building project application, including plans and specifications, will be submitted to the Education Department no later than April 1st of the school year for which such funds are appropriated;
(4) that, contingent upon approval of the project pursuant to this section, construction contracts for the project will be signed by the board of education no later than May 1st of the school year for which such funds are appropriated;
(5) that, contingent upon approval of the project pursuant to this section, an interim expenditure report, in a form prescribed by the commissioner, will be submitted to the Education Department upon signing of the construction contract; and
(6) that local funds required to successfully complete the project will be available in a timely manner or, where applicable, that a proposition authorizing the expenditure of funds for such purpose will be submitted to the voters of the school district.

(b) All projects shall meet all requirements of subdivision (a) of this section.

(c) All projects shall meet all requirements of building projects required by section 408 of the Education Law and this Part.

d) The amount of each such apportionment shall be for the same percentage of total project costs. Such percentage will be determined by the commissioner; provided, however, that such percentage shall not be less than 40 per centum nor more than 50 per centum of the total project cost.

(e) The priority of approval of all projects which meet the requirements of this section shall be based upon the building aid ratio of each school district selected for purposes of building aid in the current year. Projects from districts with the highest aid ratios shall be approved first, and subsequent projects shall be approved according to descending order of such aid ratios. In the case of projects from districts with identical aid ratios, the commissioner will, to the extent that funds are available, approve projects for the districts of greatest need as determined by the commissioner.

(f) Payment of the apportionment shall be made upon certification by the district that a construction contract has been signed for the project. In no case shall an apportionment be paid for projects in which the contract was signed after May 1st of the school year for which such funds are appropriated, except as provided in subdivision (j) of this section.

(g) Each project approved for an apportionment pursuant to the provisions of this section shall also be eligible to receive building aid, pursuant to the provisions of subdivision 6 of section 3602 of Education Law, on the balance of total approved expenditures not aided pursuant to this section.

(h) Not more than 40 per centum of the appropriation made available for purposes of this section shall be awarded for projects of the board of education of the city school district of the City of New York. All such projects shall comply with the provisions of this section.

(i) Nothing in this section shall prevent an award of an apportionment pursuant to this section being made for projects already approved by the commissioner, provided those projects otherwise meet the requirements of this section. An application is not required for any such project previously approved.

(j) Notwithstanding the provisions of subdivisions (a) through (i) of this section, upon a finding by the commissioner that all funds available for the purposes specified in this section have not been obligated by contract by May 1st of the school year for which such funds are appropriated, additional awards may be approved at the discretion of the commissioner prior to August 31st of the succeeding school year. Projects for which such additional awards may be approved shall be for the elimination of imminent health hazards caused by the presence of asbestos.

(k) No funds shall be apportioned pursuant to this section unless the school district has authorized the local funds necessary to successfully complete the project.

Historical Note
Sec. filed Feb. 22, 1989; renum. 155.17, new added by renum. 155.9, filed Sept. 21, 1999 eff. Oct. 7, 1999.

з 155.14 Leasing of unneeded board of cooperative educational services facilities.

(a) As used in this section, the term unneeded board of cooperative educational services facilities shall mean any land, classrooms, offices or buildings, or portions thereof, owned by a board of cooperative educational services which such board has determined will not be needed during the term of the proposed lease.

(b) Pursuant to section 1950(4)(p) of the Education Law, a board of cooperative educational services may lease unneeded facilities to public or private agencies, individuals, partnerships or corporations with the approval of the commissioner.

(c) In order to obtain approval by the Commissioner of Education to lease unneeded facilities:
(1) the board of cooperative educational services shall file three executed copies of the lease agreement with the commissioner at least 30 days prior to the beginning date of the proposed lease period. Such lease agreement shall include, but need not be limited to:
(i) the amount of rental, which shall not be less than fair market value as determined by the board of cooperative educational services;
(ii) the term of the lease, which shall not exceed five years, and any provisions relating to the renewal of such lease;
(iii) a statement of the operation and maintenance services, if any, to be provided by the board of cooperative educational services for the facility during the term of the lease;
(iv) a requirement that any improvements to the leased property by the tenant be approved by the board of cooperative educational services;
(v) indemnification of the board of cooperative educational services against loss or liability as a result of a tenant's occupancy of a leased facility;
vi) a statement that such lease agreement will not become effective until approved by the Commissioner of Education; and
(vii) any other clauses or appendices which the Commissioner of Education deems to be in the best interest of the board of cooperative educational services.
(2) such lease agreement shall be accompanied by a copy of the resolution of the board of cooperative educational services authorizing such lease, stating the purpose for which the tenant intends to use the leased facility, and providing:
(i) that the board of cooperative educational services has made a study and does not anticipate a need for the leased property during the term of the proposed lease;
(ii) that the annual amount of rental payment is not less than the fair market rental value as determined by such board of cooperative educational services; and
(iii) that such lease is in the best educational and financial interest of the board.

(d) Income received by the board of cooperative educational services from the lease of unneeded facilities shall be included as revenue in such board's administrative budget.

(e) Nothing contained in this section shall prevent the board of cooperative educational services from:
(1) entering into a lease agreement which provides for the cancellation of such lease by such board; and
(2) including, in the lease agreement, requirements concerning the condition of the leased facilities at the conclusion of the lease.

(f) The commissioner may approve a lease of unneeded board of cooperative educational services facilities which does not satisfy all of the provisions of subdivision (c) of this section upon a finding that the conditions of such lease are substantially equivalent to such provisions.

Historical Note
Sec. filed Feb. 22, 1989; renum. 155.18, new added by renum. 155.10, filed Sept. 21, 1999 eff. Oct. 7, 1999.

з 155.15 Leases and contracts for the use of property by boards of cooperative educational services.

[Additional statutory authority: Education Law, з1950]

(a) Definitions. As used in this section:
(1) Property means land, classrooms, offices, buildings and other specialized facilities.
(2) Original lease means the initial agreement between the board and a landlord for the use of real property.
(3) Annual lease means a lease of real property, the term of which is no greater than one school year, which terminates no later than June 30th.
(4) Specialized facilities means those facilities defined in section 1950(4)(p)(a)(4) of the Education Law.
(5) Contract means an agreement entered into by the board for the use of personal property constructed, altered or improved for the educational program of administrative purposes of the board.

(b) With the prior approval of the commissioner, a board of cooperative educational services may enter into either:
(1) annual or multi-year leases and amendments or extensions thereto; or
(2) contracts for the use of personal property and amendments or extensions thereto.

(c) Leases. In order to obtain the approval of the commissioner, any original lease shall meet the following conditions:
(1) Any property leased for the educational program purposes of the board shall be in compliance with the requirements of section 155.4 of this Part.
(2) Any alterations or improvements made under a lease shall satisfy the provisions of section 155.2 of this Part.
(3) The lease shall contain the following information:
(i) the complete legal names and addresses of all parties and of the leased property;
(ii) the lease term;
(iii) the amount, frequency and due dates for lease payments;
(iv) the charge basis, whether for all or part of the property and whether per room, per square foot or other basis;
(v) a description of the property and its intended use;
(vi) a list of any services to be furnished by the landlord, including an agreement as to which party will pay utility costs and assessments; and
(vii) signatures - all leases shall be submitted in executed form, properly dated and signed by agents authorized to act for the landlord, the board and any other party.
(4) Any appendices, exhibits, attachments or other supporting documents shall be attached to the lease when submitted for approval. The board shall submit such information as is necessary to enable the commissioner to determine that the lease is in the best educational and financial interests of the board.
(5) Under any multi-year lease, the board shall furnish estimates as to its annual cost of operating the leased property.
(6) Provided that appropriate documentation accompanies the submission of the lease for commissioner's approval, all of the following may be permitted in multi-year leases of property:
(i) escalation clauses;
(ii) renewal options;
(iii) purchase options;
(iv) assignment of rent to third parties;
(v) subleasing to others; and
(vi) using a leased site as the location for relocatable facilities.
(7) The certification of an attorney-at-law shall be required on all multi-year leases, all amendments or extensions thereto, and all annual leases except those with boards of education for portions of buildings to be used for classroom or administrative purposes. Such certification shall accompany the lease when submitted for approval and shall state that the lease and all relevant documents have been examined by the attorney and that:
(i) the attorney is attorney for the board or has been hired as attorney for the purpose of reviewing the lease and any related legal documents and for preparing the certification;
(ii) the board has taken proper procedural steps to authorize the lease and any changes thereto;
(iii) a determination has been made as to whether the lease is subordinate to any existing or future mortgages or the subject of any pending litigation;
(iv) all of the provisions of the lease required or authorized by this section have been examined and conform with Education Law and Regulations of the Commissioner of Education; and
(v) the lease is valid and legally binding under general principles of the Real Property Law.

(d) Contracts. In order to obtain the approval of the commissioner, any contract shall meet the following conditions:
(1) Any alterations or improvements involving construction work under the contract shall satisfy the provisions of section 155.2 of this Part.
(2) Whenever a board of cooperative educational services contracts to use personal property for the educational program purposes of the board, such property shall be in compliance with the requirements of section 155.4 of this Part.
(3) No contract shall be approved which contains any provision that personal property, such as a relocatable structure, constructed or situated on land owned or leased by the board shall revert to the board if abandoned and not removed within a specified time after the termination of the contract.
(4) The contract shall contain the following information:
(i) the complete legal names and addresses of all parties and of the personal property;
(ii) the term of the contract;
(iii) the amount, frequency and due dates of contract payments;
(iv) the charge basis, whether for all or part of the property and whether per room, per square foot or other basis;
(v) a description of the property and its intended use;
(vi) a list of any services to be furnished by the owner of the personal property, including an agreement as to which party will pay utility costs and assessments; and
(vii) signatures - all contracts shall be submitted in executed form, properly dated and signed by agents authorized to act for the contractor, the board and any other party.
(5) Provided appropriate documentation accompanies the submission of the contract for the commissioner's approval, all of the following may be permitted in multi-year contracts:
(i) escalation clauses;
(ii) renewal options;
(iii) purchase options; and
(iv) assignment of use payments to third parties.
(6) Such contracts when submitted for commissioner's approval shall be accompanied by the certification of any attorney-at-law that:
(i) the attorney is attorney for the board or has been hired as attorney for the purpose of reviewing the contract, any related legal documents, and for preparing the certification;
(ii) the board has taken proper procedural steps to authorize the contract;
(iii) if construction is to be done on leased property, the board's lease permits same;
(iv) the terms of the construction contract are consistent with those of any preexisting lease, amendment or extension thereto covering said property; and
(v) in the opinion of the attorney, the contract is valid and legally binding.

(e) Submission of leases and contracts.
(1) All annual leases with boards of education for portions of buildings to be used for classroom or administrative purposes shall be submitted for approval no less than 30 days in advance of the effective date of the lease.
(2) Annual leases requiring certification of an attorney, all multi-year leases and any amendments or extensions thereto, and all contracts shall be submitted for approval no less than 60 days in advance of the effective date of the lease or contract.

(f) In the approval process, the commissioner may require additional supporting detail. Approval may be granted for a variance from any of the specific requirements of this section upon a finding by the commissioner that the requirements of this section have been substantially met.

Historical Note
Sec. filed: July 26, 1994 as emergency measure; Sept. 27, 1994; renum. 155.19, new added by renum. 155.11, filed Sept. 21, 1999 eff. Oct. 7, 1999.

з 155.16 School asbestos hazard grant program.

School asbestos hazard grants shall be awarded in accordance with the provisions of section 437 of the Education Law, and this section.

(a) Public school districts, boards of cooperative educational services and those nonpublic schools which provide instruction substantially equivalent to that provided in the public schools may submit grant applications for the approval of the commissioner.

(b) Grant applications shall be in the form prescribed by the commissioner, and shall be filed with the commissioner no later than December 1st of the school year in which the grant is to be awarded. Such application shall include the following assurances by the governing body of the school district, BOCES or nonpublic school applying for a school asbestos hazard grant:
(1) that an imminent hazard to health due to the presence of asbestos, as such terms are defined in section 432 of the Education Law, exists;
(2) that grant funds received will be used exclusively for the abatement of asbestos hazards;
(3) for school district and BOCES applicants only, that, contingent upon approval of the grant application pursuant to this section, a building project application, including plans and specifications, will be submitted to the Education Department no later than April 1st of the school year in which the grant is to be awarded;
(4) for nonpublic school applicants only, that, contingent upon approval of the grant application pursuant to this section, copies of building permits issued for the project by the appropriate authority, or equivalent documentation satisfactory to the commissioner, will be submitted to the Education Department no later than April 1st of the school year in which the grant is to be awarded;
(5) that contingent upon approval of the grant application pursuant to this section, construction contracts for the project will be executed on behalf of the governing body of the applicant no later than May 1st of the school year in which the grant is to be awarded;
(6) that contingent upon approval of the grant application pursuant to this section, all reports required pursuant to subdivision (f) of this section will be submitted to the Education Department in a timely manner; and
(7) that the local funds required to successfully complete the project will be available in a timely manner, or, where applicable, that a proposition authorizing the expenditure of funds for such purpose will be submitted to the voters of the school district.

(c) The commissioner will rank all grant applications according to the degree of imminent hazard to health presented by the asbestos materials, using an exposure assessment scale. The exposure assessment scale shall be based on the nature and magnitude of the existing and potential hazards presented by the asbestos materials, and shall take into account the following factors:
(1) the nature and condition of the asbestos material, including the degree of friability and asbestos content;
(2) the extent of damage to the asbestos material, including water damage;
(3) the exposed surface area;
(4) the accessibility of the asbestos material;
(5) the degree of activity and movement of the material; and
(6) the degree of exposure to an air plenum or direct air stream.

(d) The priority of approval of all grant applications which meet the requirements of this section shall be based upon their ranking on the exposure assessment scale as established by the commissioner pursuant to subdivision (c) of this section. Grant applications which receive the highest ranking will be approved first, and, subject to the availability of funds, additional applications will be approved in the descending order of their ranking on the exposure assessment scale. In the event that two or more applications have identical rankings on the exposure assessment scale and sufficient funds are not available for all such applications, the commissioner may, to the extent that funds are available, approve such applications or combination of applications as will, in the judgment of the commissioner, result in the abatement of an imminent hazard to the health of the greatest number of persons.

(e) Grants shall be awarded for amounts of 60 percent of approved costs. Costs eligible for approval shall include costs associated with removal, encapsulation or containment of asbestos hazards and other costs incidental to such abatement procedures, including but not limited to the cost of bulk sample and air testing, architectural, engineering and other consultant fees, work site preparation costs, and worker protection costs.

(f) Grant recipient shall submit such reports as are required by the Commissioner of Education, including but not limited to a building project data form SA-139 and a final building project report. The final building project report shall be in a form prescribed by the commissioner and shall be submitted no later than August 1st of the school year next following the school year in which the grant application is approved.

(g) Payment of grants shall be pursuant to the following schedule:
(1) sixty percent of the grant amount will be paid to public school districts and BOCES upon approval by the Commissioner of Education of the final plans and specifications for abatement projects for which grants were awarded;
(2) sixty percent of the grant amount will be paid to nonpublic schools upon receipt by the Education Department of copies of building permits issued for the project by the appropriate authority, or of equivalent documentation satisfactory to the commissioner;
(3) twenty-five percent of the grant amount will be paid upon the receipt and approval by the State Education Department of the building project data form SA-139; and
(4) fifteen percent of the grant amount will be paid upon receipt by the State Education Department of the final building project report form.

(h) Approval may be granted for a variance from any of the requirements of subdivisions (b) through (g) of this section, upon a finding that the requirements of this section will be substantially met.

Historical Note
Sec. filed June 11, 1998; renum. 155.20, new added by renum. 155.12, filed Sept. 21, 1999 eff. Oct. 7, 1999.

з 155.17 School safety plans.

(a) Development of school emergency management plans. Each board of education of a school district, other than a school district in a city having a population of more than one million inhabitants, and each board of cooperative educational services shall prepare by October 1, 1990, and shall update by October 1st of each succeeding school year, a school emergency management plan as prescribed in this section to insure the safety and health of children and staff and to insure integration and coordination with similar emergency planning at the municipal, county and State levels, which plan, and any amendments thereto, shall remain in effect until the adoption of a comprehensive multi-hazard, district-wide school safety plan and building-level school plans pursuant to subdivisions (b) and (e) of this section, at which time it shall be superseded by such plans. A copy of the plan shall be available in each school district for inspection by the public and shall be made available to the commissioner upon request.

(b) Development of school safety plans. Every board of education of a school district, every board of cooperative educational services and county vocational education and extension board and the chancellor of the City School District of the City of New York shall adopt by July 1, 2001, and shall update by July 1st of each succeeding year, a district-wide school safety plan and building-level school safety plans regarding crisis intervention and emergency response and management, provided that in the City School District of the City of New York, such plans shall be adopted by the chancellor of the city school district. Such plans shall be developed by a district-wide school safety team and a building-level school safety team, as such terms are defined in subdivision (c) of this section, and shall be in a form developed by the commissioner in consultation with the Division of Criminal Justice Services, the superintendent of the State Police and any other appropriate State agencies. A school district having only one school building shall develop a single building-level school safety plan, which shall also fulfill all requirements for development of a district-wide plan to insure the safety and health of children and staff and to insure integration and coordination with similar emergency planning at the municipal, county and State levels. Each plan shall be reviewed by the appropriate school safety team on at least an annual basis, and updated as needed.

(c) Definitions. As used in this section:
(1) Educational agencies means public and nonpublic elementary and secondary schools, public and private nursery schools, approved private schools for the education of students with disabilities as defined in section 200.1(d) of this Title, and public and private schools for the education of preschool children with disabilities.
(2) Superintendent means a superintendent of schools or a district superintendent of schools, as appropriate.
(3) Disaster means occurrence or imminent threat of w