DOCUMENT RESUME

ED 257 219 EA 017 775

TITLE Manual for Public School Facilities: Fire Preventionand Fire Inspection.

INSTITUTION New York State Education Dept., Alba:Ay. Bureau ofEducational Management Services.

REPORT AO NYSED-84-7811PUB DATE 84NOTE 40p.PUB TYPE Guide3 Non-Classroom Use (055) --

Legal/Legislative/Regulatory Materials (090)

EDRS PRICE MF01/PCO2 Plus Postage.DESCRIPTORS Compliance (Legal); Costs; *Educational Facilities;

Elementary Secondary Education; *Facility Guidelines;*Fire Protection; *Inspection; Prevention; *PublicSchools; Reports; *State Standards

IDENTIFIERS Appeals (Hearings); *New York

ABSTIACTThis manual is designed for use by New York public

school administrators and facility inspectors, providing instructionfor completing the state's Fire Safety Report. It provides backgroundinformation and details about the State Fire Prevention and BuildingCode and regulations, and explains the inspection and enforcementprocesses. One-third of the manual is devoted to the followingsections: Introduction, Fire Safety Standards, Enforcement of FireSafety Standards, Fire Inspection Process, Directions for CompletingFire Inspection Report, Disputes and Procedures for Appeal, andFinancial Considerations. The remainder of the manual provides thefollowing 11 appendixes: Retroactive Code Provisions, Section 155.3of the Regulations of the Commissioner of Education, Fire InspectionZones, Section 807-a of the Education Law, Section 155.4 of theRegulations of the Commissioner of Education, Leased Facilities,Formula for Certificates of Occupancy, Format for ViolationCorrection Plan, !gnition Factor, Section 409-b of the Education Law,and Petition Instructions for Appeal to Board or Review. (DCS)

*********************************************e.*************************Reproductions supplied by EDRS are the best that can be made

from the original document.***********************************************************************

U.S. DEPANTOAENT OF EDUCATIONNATIONAL INSTITUTE OF EDUCATION

EDUCATIONAL RESOURCES INFORMATIONCENTER (ERIC)

1,Thes document has been reproduced asreceived from the person or organizationoriginating itMinor changes have been made to improereproduction quality

Points of view or opinions stated in this dom.ment do not necessarily represent official NIEposition of pubLy

"PERMISSION TO REPRODUCE THISMATERIAL HAS BEEN GRANTED BY

TO THE EDUCATIONAI RESOURCESINFORMATION CENTER (ERIC)."

Manualfor

Public School FacilitiesFire Prevention and Fire Inspection

The University of the State o. New YorkTHE STATE EDUCATION DEPARTMENT

Bureau of Educational Management ServicesAlbany, New York 12230

1984

2

84-781148500

Contents

PAGE

I. INTRODUCTION 1

II. FIRE SAFETY STANDARDS 1A. Regulation and Code Requirements 1B. Applicability 1

C. References 2

III. ENFORCEMENT OF FIRE SAFETY STANDARDS 2

A. Fire Inspectors 2B. Fire Inspection Schedule 2C. Initial Certificate of Occupancy 3D. Annual Certificates of Occupancy 3E. Temporary Certificates of Occupancy 3F. Revocation of Certificates of Occupancy 3G. Complaints About Fire Safety 3

IV. FIRE INSPECTION PROCESS 3

A. Outline for Planning 3B. Fire Inspection Procedures 4

V. DIRECTIONS FOR COMPLETING FIRE INSPECTION REPORT 7

A. Instructions for Part IB. Instructions for Part II 8C. Information Specific to Certain Sections in Part II 9D. Instructions for Certifications Part III 1

VI. DISPUTES AND PROCEDURES FOR APPEAL 11

VII. FINANCIAL CONSIDERATIONS 11

APPENDICES

A. Retroactive Code Provisions 13

D. Section 155.3 of the Regulations of the Commissioner of Education 14

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PAGE

C. Fire Inspection Zones 19

D. Section 807-a of the Education Law 22

E. Section 155.4 of the Regulations of the Commissioner of Education 25

F. Leased Facilities 26

G. Formula for Certificates of Occupancy 27

H. Format for Violation Correction Plan 28

I. Ignition Factor 29

J. Section 409-b of the Education Law 30

K. Petition Instructions for Appeal to Board of Review 31

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iv

Manualfor

Public School Facilities Fire Preventionand Fire Inspection

I. INTRODUCTION

School boards and Boards of Cooperative Educa-tional Services (BOCES) must arrange for an annualinspection of each facility that they own, lease, oroperate. An inspection report, the "Fire Safety Re-port," must be completed for each facility at the time ofthe annual inspection. This report combines the firesafety requirements of Section 155.3 of the Regulationsof the Commissioner of Education, and the fire preven-tion standards of the State Fire Prevention and Build-ing Code.

The Education Department will issue annual Certif-icates of Occupancy for buildings which are in full con-formance with Code and Regulation. Thmporary cer-tificates, valid for shorter periods, will be issued ifannual inspections reveal nonconformances which re-quire time to correct. Where a report indicates thepresence of nonconformances which represent a severethreat to life safety, a certificate will not be issued un-til corrections are made and the facility is re- in-spected. A facility without a valid Certificate of Occu-pancy may not be occupied or otherwise used for thepurpose for which it was used when the last valid cer-tificate either lapsed or was revoked.

The entire process, from planning for the inspectionthrough correction of nonconformances, requires care-ful preparation. This manual is designed to provide in-struction for the school administrator and the inspec-tor fin- completing the report. It provides backgroundinformation and details about the Code and regula-tions, and explains the inspection and enforcementprocesses

11. FIRE SAFETY STANDARDS

A. REGULATION AND CODE REQUIREMENTS

Health and safety requirements for public school fa-cal it les are contained in Section 155.3 of Title 8 of theOfficial Compilation of Codes, Rules and Regulationsof t he State of New York (8 NYCRR 155.3), entitled,-Health and safety in existing educational facilities,"and the NPW York State Uniform Fire Prevention andBuilding Code. 9 NYCRR 600-1250. The State Codecontains three elements: (1) building constructionstandards: (2 retroactive requirements for areas of

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public assembly; and (3) fire prevention standards. Anexplanation of the application of these elements toschool facilities follows.

1. Building Construction StandardsChapter B (Parts 650-1102) of the Code containsstandards for building construction. These stan-dards apply to the construction of new buildingsand to new work involved in Chpater E, entitledConversions, Alterations, Additions and Repairs(Parts 1230-1234). In the case of school buildings,any more restrictive provisions of the State Educa-tion Department's Manual of Planning Standardsor Section 155.3 also apply.

2. Retroactive Code RequirementsThe retroactive code requirements providing forsmoke detection systems ia. areas of public as-sembly in existing buildings are found in Part 794of Chapter B of the code. These requirements arenot enforceable until the Legislature expressly au-thorizes such enforcement and provides financialincentives and assistance for the implementationof such provisions.

Since school officials may wish to implement or planto implement these provisions prior to Legislative ac-tion, a list of the retroactive Code items is provided inAppendix A. However, implementation of retroactiveprovisions prior to Legislative action may jeopardizeentitlement to financial or other incentives if andwhen they are authorized.

3. Fire Prevention StandardsStandards for fire prevention and fire safety in ex-isting buildings are contained in Chapter C of theState Code (parts 1150-1197) and in Section 155.3of the Regulations of the Commissioner of Educa-tion (8 NYCRR, Section 155.3 noted above). Thesestandards represent the minimum requirementsfor fire safety in all existing public school facilities.

B. APPLICABILITY

The Uniform Code applies to ouch am/ every facilityowned or operated by a school district or 130CES, ex-cept for those within New York City where the Codedoes not apply. It includes. but is not liTnited to schoolbuildings, administration buildings. bus and main-tenance garages, storage buildings anz! sheds, conces-

pion si ands: rind their premises. The Code also appliesto all school grounds and to all activities held thereon.Section 155.3 of the Regulations of the Commissionerof Education applies to all school buildings owned oroperated by a school district or BOCES except for thosewithin New York City, Buffalo, Rochester, Syracuseand Yonkers. Therefore, school officials in the latter1bur districts are exempt from the requirements foundin Section A of Part II of the annual fire inspection re-porz. However, nothing precludes those districts fromvoluntarily bringing school facilities up to those stan-dards.

C. REFERENCES

1 The New York State Uniform Fire Prevention andBuilding ('ode is available from:

Division of }lousing and Community Renewal'IV() World Trade CenterNew York, New York 10047Telephone: ( 2121 488 -7138Current Cost: $10.00/copy

2. Section 155.3 of the Regulations of the Commis-sioner of Education is provided in Appendix B.

III. ENFORCEMENT OFFIRE SAFETY STANDARDS

The State Education Department is responsible forfailorcinv lire safety standards in public school dis-t ricts and BOCES. The Department enforces Section155.:3 of the Regulations of the Commissioner of Educa-t ion under authority provided by the State EducationI .aw. Pursuant to the provisions of Part 441 of Title 19NCRR, the Education Department is responsible forthe administration and enforcement of e State Firs.Prevent ion and Building Code with respect to build-int4,, premises, and equipment which is in the custodyot or activities related thereto undertaken by school(In-:trios and 110CES

u ici pa I offic ti I s, including building inspectorsand fire of'f'icials, are not authorized to enforce the

State 'ode in public school facilities or on public schoolnor :ire municipal officials authorized to al.

pi% ;to% other local building andior other fire safetypuli:: .4chool facilities and premises

INSPECTORS

humil of education is responsible lOr appointinglo.111(.1i .1 will% (duals to perform the annual fire inspec-

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tion and any other fire inspection which may be re-quired by the State Education Department.

Qualifications of fire inspectors are being es-tablished by the Office of the State Fire Administrator.Meanwhile, school officials should assign only quali-fied fire officials, or any person specifically approvedby the State Fire Administrator to perform requiredinspections. Inspectors may not be regular employeesof the school district or BOCES in which the facilitieswhich they inspect are located.

B FIRE INSPECTION SCHEDULE

Annual fire inspections are required for all publicschool distrie. and BOCES facilities. The annual fireinspection calendar is established by the Commis-sioner of Education. For Oie purpose of establishing theschedule, the State has been divided into eleven fire in-spection zones. All of the school districts within asingle zone will be evaulated during the same inspec-tion period. A map of the fire inspection zones and a listof the school districts within each zone are included inAppendix C.

Each year, the inspection period for all zones will beadvanced by one month to assure that the facilities ineach zone are evaluated at different times in succeed-ing years. For example, the inspection for a zone maycommence in June of a given year. The next inspectioncycle for that zone would commence in May of the fol-lowing year.

The districts in each zone will be allowed a 45-dayperiod to complete the fire inspection process. Annualfire inspections may not be made prior to the com-mencement date. Fire inspection reports must he -eived at the State Education Department by the end ofthe inspection period.

School officials are advised to establish plans well inadvance of the beginning of the inspection period in or-der to assure timely submission of inspection reports tothe Education Department. Late filing will delay is-Fuance of certificates of occupancy which are requiredto operate school facilities. School facilities may not heoperated without a valid Certificate of Occupancy.

Fire inspections other than the annual inspection,may occur or may be required. For example, paragraph7 of Section 807-a of the Education Law. "Fire Inspec-tions" (see Appendix Dt, permits local fire officials toinspect public school facilities for fire prevention andfire protection purposes at any reasonable time. Insur-ance company inspectors may inspect schools in accor-dance with insurance company policy or procedures.Under certain circumstances, the Educat ion Depart-ment may require a special inspection, at the expense,if necessary, of the local board of education.

C. INITIAL cERTIFIc FE OF OCCUPANCY

Following completion of the initial fire inspectionprocess, all public school districts and BOCES mustdisplay a Certificate of Occupancy in a prominentplace near the main entrance of the facility. Publicschool facilities may not be occupied or be used for thepurpose for which they are intended or any other pur-pose, unless a valid Certificate of Occupancy issued bythe Suite Education Department is displayed appro-priatt ly.

D. ANNUAL CERTIFICATES OF OCCUPANCY

Annual Certificates of Occupancy, issued by theState Education Department, are valid for twelvemonths from the due date of the annual fire inspectionreport. They are issued for buildings whose reports in-dicate conformance to all applicable standards and forthose whose reports indicate that all nonconformanceitems were corrected either prior to submittal or subse-quent to issuance of a temporary Certificate of Occu-pancy. Annual certificates are also issued upon thereinspection and satisfactory report for a facilitywhose Certificate, of Occupancy was withheld or re-voked.

E. TEMPORARY CERTIFICATES OFOCCUPANCY

Temporary Certificates of Occupancy are issued forspecific periods of time of 30, 60 and 120 days, depend-ing un t he estimated time to correct each nonconform-ance. See Item 10 of Part IV-B of this guide for an ex-planation of the time allocated for correction and acomparison of the relative severity of violation of each-tandard.

Temporary Certificates of Occupancy are issued fol-lowing annual or other fire inspection:, required by theEducation Department when certain violations ofminimum fire safety standards cannot be correctedwithin -'port period of time. After the nonconform-ances are corrected, an annual certificate will be is-

but in such cases the termination date of the an-nual certificate is not extended by the term of thetemporary certificate.

REVOCATION OFCERTIFIcATEs OE' occuPANcy

ifiates of Occupancy including- temporary cer-t Inca may he revoked at any time one or more seri-no-; violation' of minimum fire safety standards, orother conditions affecting the health and safety of

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building occupants are found in a facility or whenseveral less serious violations are discovered, and thenumber of those violations appears to indicate a disre-gard for fire safety. Falsification of fire inspection re-ports will automatically result in revocation of Certifi-cates of Occupancy.

A facility for which a certificate of occupancy hasbeen revoked will not be issued new certificate of oc-cupancy until the nonconformalees have been cor-rected, a follow-up fire inspection has been conductedand a report has been filed with the State EducationDepartment. The scope of the inspection in such caseswill be the same as for the annual fire inspection.

G. COMPLAINTS ABOUT FiRE SAFETY

Valid complaints received by the State EducationDepartment about fire safety in public school facilitiesare investigated by the Department. To be valid, acomplaint must relate to a violation of a specific provi-sion of the Fire Prevention Code or requirement ofRegulations of the Commissioner of Education. Lack ofconformance with any other system of codes does notrepresent a violation of State Code or Regulation un-less the State Code or Regulation is incorporated byreference.

Complaint files are maintained for each facility anda repetition of valid complaints for a single facilitymay result in the revocation of the Certificate of Occu-pancy for the facility.

In the cour .,e of investigating complaints, the Educa-tion Department, may request local fire officials, orqualified inspectors, or o persons to inspect schoolfacilities. Any costs att..; able to such inspectionsshall be borne by the local school district or BOCES.

IV. FIRE INSPECTION PROCESS

A. OUTLINE FOR PLANNING

The major steps school officials should considerwhen planning for the annual fire inspections arelisted below. A full explanation of each step follows thelist. One report form must be completed for each schooldistrict facility.

1. Ascertain the inspection period established bythe State Education Department; i.e., com-mencement date and ending date. (8 NYCRR,155.4 (b»

2. Define facilities and set inspection dates. (8NYCRR, 155.4 (a))

3. Obtain services of inspector. (8 NYCRR, 155.4(

4. Schedule date, time and place of meeting withschool board prior to inspection period com-mencement date.

5. Notify local fire official of the time, date and lo-cation of all fire inspections; and time, date andlocation of meeting with board of education. (Ed.Law, Section 807-a (5) (e))

6. Set return date for mailing completed reports tothe State Education Department.

7. Complete Part I of the report.8. Commence inspections inspector to Complete

Part II of the form. (Section A of Part II need notbe completed by the City School Districts of Buf-falo, Rochester, Syracuse and Yonkers. (Ed. LawSection 807-a))

9. Correct all violations which can be corrected. (8NYCRR 155.4 (c))

10. Complete violation correction record.11. Prepare plan for correcting violations which

cannot be corrected prior to the meeting withboard of education and fire official.

12. Convene the meeting between board of educa-tion and local fire officials. (Ed. Law Section807-a (5) (a))

13. Approve plan for correcting violations. (8NYCRR 155.4 (d)(3))

14. Send reports to SED; distribute reports. (Ed.Law Section 807-a (5)(a))

15. Provide public notice of inspections. (Ed. LawSection 807-a (5)(b)(c))

16. Correct violations. (8 NYCRR 155.4 (e) (3) (v)(vi))

17. Post certificates of occupancy.

18. Perform self-inspections periodically.

B. FIRF INSPECTION PROCEDURES

The following procedures are derived from Section155.4 of the Regulations of the Commissioner of Educa-tion (8 NYCRR 155.4), entitled, "Fire and BuildingSafety Inspections." This section is provided in Appen-dix E.

1. Determine Appropriate Inspection PeriodThe table in Appendix C provides the inspection pe-

riod starting dates for each fire inspection zone. Thetable also indicates the dates by which completed re-ports must be filed with the State Education Depart-ment.

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Annual inspections may not begin before the autho-rized commencement date. However, all inspectionsmay be completed on the first day of the inspection pe-

-erx)rts must reach the State Education Depart-.he inspection period ending date. Reports not

ived on or before the inspection period ending date,are late. Certificates of Occupancy will not be issueduntil reports are processed. Students and employeesmay not occupy or otherwise use facilities in which avalid certifi.cate is not posted.

2. Define Facilities and Set Inspection DatesA facility is 11,,y free-standing building or structure,

with walls and roof, which can be secured. It may beany combination of buildings or structures which areconnected by an enclosed corridor. For example, asingle facility may be comprised of several buildingsconnect )d by enclosed connectors or a facility may be asmall storage shed, a bus garage, or a maintenancebuild' :;g. Facilities also include free-standing or manu-factured buildings, green.:ouses, barns, etc.

Campus arrangements are not generally consideredto be one facility. Unless interconnected by enclosedconnectors, a separate report is required for each cam-pus building. It may be prudent in some cases to inten-tionally classify individual buildings within a largecomplex as discrete facilities although those buildingsare in tact, connected, because the results of an inspec-tion in one building will affect the Certificate of Occu-pancy of the total complex.

Several factors influence responsibility for facilitiesthat school district and BOCES lease either to or fromthe private sector or any other entity. To determinewho is responsible for inspection under these varyingconditions, a description is provided in Appendix F.

Having determined the number of facilities in thedistrict, set an inspection date for each one. However,the inspection may not start before the commencementdate of the inspection period.

3. Obtain Services of Inspector(s)Until such time as the Office of the State Fire Ad-

ministrator begins certifying inspectors, school offi-cials should arrange with local fire officials to performfire inspections.

School officials may request local fire .departmentsto insp?ct school district facilities. Howeve). the firedepartment may not be able to provide the :npowernecessary to acommodate the schedule set by theschool district in order to comply with the report duedata. In such cases, code enforcement officials, fire offi-cials from other jurisdictions or the county fire coor-dinator should be considered. Where the local fire de-

partment will not perform the inspection, Section807-a of the Education Law requires the county firecoordinator to make the inspection or cause it to bemade.

It would be wise to shop around to get the best pricefor inspections. Inspection services do not have to behid and prices may vary widely, depending on the loca-tion and size of a facility. Try to piggyback smaller fa-cilities, such as sheds. etc. with their logical counter-part. However, remember that a separate report isrequired for earn facility.

An employee of a school district, either full or part-tia-ne, regardless of qualifications, may not conduct theannual fire inspections, or other inspections ordered bythe State Education Department.

4. Schedule Time, Date and Location ofMeeting with School Board

When violations of the minimum standards for firesafety are discovered. par: aph 4-e of Section 807-a ofthe Education Law requites that a meeting be held be-tween the hoard of education, the inspector and the lo-cal fire official to discuss the violuLion(s) and remediesthereof'.

It is wise to schedule this meeting well in advance ofthe inspection to assure that all parties can attend. Iffire inspection results do not reveal violations, themeeting can .hen he cancelled.

5. Notify Local Fire OfficialsWhen fire inspections are perfoi.med by other than a

representative of the local fire department, paragraph:3-h of Section 807-a of the Education Law requires thatschool officials notify the local fire chief prior to the in-spection of the time, date and location of the annualfire inspect ion. Local fire officials may accompany a.iy-one retained by the hoard of education during the iin-nual inspection.

6. Set Return DateEstahl iAh the date by which the district will mail the

completed fire inspection reports to the State Educa-tion Department. The date selected should allow suffi-cient time for the reports to reach .he Education De-partment on or hefcire the ending date of the inspectionperiod Reports which reach the State Education De-partment after the ending date of the inspection periodare late filed. as post marks cannot he considered. Latefiled reports may result in lapses of coverage of a validCprtificatp of Occupancy. A school facility cannot heused unless a valid Cert ificate of Occupancy is posted

t he premises.

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7. Complete Part I of the FormSchool officials should complete Part I of the fire in-

spection form for each facility. Much of the informationin Part I will be the same from year to year. After thefirst year, the Education Department intends to repro-duce much of the information in Part I which was pro-vided in the first year. School officials will then simplyupdate the information by making deletions or addi-tions.

8. Commence Inspections Inspector toComplete Part II of the Form

Inspections may begin as early as. but no soonerthan, the first day of the inspection period; and theymust be completed well in advance of the filing duedate with the State Education Department.

City school districts of the cities of Buffalo, Roches-ter, Syracuse and Yonkers are, by Section 409 of theEducation Law, exempt from the requirements of Part155.3 of the Commissioner's Regulations. These dis-tricts need not complete Section A of Part II of the FireInspection Report.

9. Correct ViolationsAny nonconformances which are discovered during

the fire inspection represent violations of the mini-mum standards of fire safety that appear in Part 155.3of the Regulations of the Commissioner of Education orthe State Uniform Fire Prevention and Building Codeand are recorded on the fire inspection form. Nofurther notice of violation is required to alert school of-ficials that a violation exists. Wherever practicable, allsuch violations should he corrected immediately.

The largest number of potential violations involve-housekeeping" items. such as improper storage,blocked exits and waste materials. Housekeepingitems generally lend themselves to immediate correc-tion.

The remedy for some violations will involve struc-tural modifications or service to he provided by ven-dors. Obviously. such matters cannot he corrected im-mediately and they will require some time to correct.Neverthless, these nonconformances violate the mini-mum standards for fire safety and must be correctedwithout undue delay.

10. Complete Violation Correction RecordIn Part II cf the form, fire standards appear on the

left side of each page and a set of columns appear to theright. The last three digits of the co:umn entitled-Code- represent a computer identification number foreach fire standard. The first digit in the four digit se-quence encodes each standard by relative degree of

severity, and the time allocated, in days, for correctionif that standard is in nonconformance. The followingchart explains the meaning of the first digit (also seeAppendix G for formulas):

First Digit

1

2345678

Relaave Degreeof Severity

MinorMinorMinorMajorMajorMikjorSevereSevere

Correction TimeIn Days

3060203060

1203060

The columns of boxes labeled, "Conformance," "Non-conformance," at 3, "Not applicable," are reserved forthe inspector. If the inspector finds a violation, he orshe will check the appropriate "nonconformance box."School officials should never use these boxes or alterany entry made by an inspector. The column entitled,"Date Nonconformance Corrected" is a space for re-porting the date on which a violation was corrected.This self-correction feature should be used by school of-ficials to avoid unnecessary paper work and to assuretimely receipt of Certificates of Occupancy. When, andonly when, school officials have corrected the violationreported by the inspector, should they enter the date ofcorrection by month, date and year. Entering a date op-posite a violation indicates the violation has been cor-rected and no further action is necessary.

Violations which can be corrected immediatelyshould be corrected before the required meeting be-tween the board of education and the local fire official.All violations, including those already corrected,should be discussed at that meeting and the dispositionof the remaining uncorrected violations should beagreed upon at the meeting.

Four standards, coded 6F01, 3F02, 6F03, and 6F04in the fire safety report, relate to smoke detection sys-tems in areas of public assembly, and are noted by as-terisks in lieu of boxes in the "Conformance," "Noncon-formance," and "Not applicable" columns of the report.These items are those which are retroactive and, assuch, are not enforceable under provisions of the fireprevention code until the Legislature authorizes en-forcement and provides Lnancial incentives.

11. Prepare Plan for CorrectingRemaining Violations

(Read Sections 12 and 13 carefully to determinewhether this section applies in your circumstances.)

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Some violations cannot be corrected before the fireinspection report form is due at the State EducationDepartment. Therefore, a plan for correcting suchviolations must be prepared. (See Appendix H for planformat.)

The plan must clearly identify the facility and theindividual standard or standards in nonconformance.It must describe the actions the school district is takingto correct each nonconformance and the d ,te by whichit is anticipated that all violations will be corrected.. The plan should not contain housekeeping violationsbecause there is no defensible reason why such viola-tions should not be corrected immediately. Most planswill address structural items or items which requirethe services of vendors. Most of those items should becompleted within 60 days of the inspection. Occa-sionally, a few violations may require more than 60days to correct. In such cases, up to 120 days may beallowed for correction of violations. See paragraph 10above for Code descriptions and time allowed for cor-rections.

Temporary Certificates of Occupancy will be issued,according to rules discussed below, to schoul districtswhich report uncorrected violations to the State Edu-cation Department. Failure to correct such violationsduring the period allowed may result in a lapse of a va-lid Certificate of Occupancy,

12. Convene the Meeting Between Board ofEducation and Local Fire Officials

Section 807-a of the Education Law requires that ameeting be held between the board of education, the in-spector and the local fire chief when any violations arenoted during the annual inspection.

If such a meeting was scheduled prior to inspectionsand there are no violations discovered, the meetingmay be cancelled. However, the hoard of education andthe school administration may benefit from such ameeting with fire inspector or officials who may havesuggestions about improving the district's fire preven-tion program.

There should he no confusion about what constitutesviolations which re4-tire that a meeting be held. Anyviolation which is recorded on the inspection form bythe inspector will require the convening of such ameeting. The fact that the violation has been correcteddoes not relieve the board of education from its obliga-tion to convene the meeting.

13. Approve Plan for Correcting ViolationsDuring the meeting between the locztl fire official

and the local board of education, Part 155.4 of the Reg-ulations of the Commissioner of Education requiresthat a plan for correcting all remaining uncorrected

1U

violations must be approved. A plan must be approvedfor erch facility. Plans are not required in those in-stances where violations are corrected either before themeeting or prior to submission of the reports to theState Education Department.

14, Send Reports to theState Education Department

The original copy of the annual fire inspection reportmust he received at the State Education Departmenton or beflie the last day of the inspection period.

Failure to file fire inspection reports and any relatedplans on time constitutes a violation of Part 155.4,par,. ii,-raph e :3 of the Regulations of the Commissionerof Education and may constitute the basis for delay of( 'ert ificates of Occupancy.

15. Distribute Reports and PlansIn addition to sending reports and plans to the Edu-

ation Department, copies of these documents shouldills() bp sent to:

1. The Inspector2. The local fire chief:3. The School District Superintendent-1. The District Superintendent5. The agency responsible for local code enforcement

16. Provide Public NoticeSect ion 807-a of the Education Law requires that im-

mediately fbllowing the mailing of fire inspection re-pots to the State Education Department, school offi-cial, must publish a public notice which informs thecommunity that school facilities have been inspected.

The form and manner of the notice appears in para.gradh 5.b of Section 807-a of the Education Law (Ap-pendix D). Instructions for the distribution of thenutlet are noted in paragraph 5.c.

17. Correct ViolationsImmediately following submission of the annual re-

port, to the State Education Department, any viola-s which have not been corrected should be cor-ected :I: soon as possible and in accordance with theadopted correction plan. Upon correction of those non-conformances. the school districts should notify theState Education Department, in writing, that the cor-rect ion- have been mode. Failure to correct violations

t ;Ind to notify the State Education Departmentions have been made, may result in a

revocation of Certificates of Occupancy.

18. 1'0.4 the Certificate of Occupancydistrict has .4uhmitted reports in a

t mod% wanner. Certificates of Occupancy will be is-

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sued within 30 days of the end of the district inspectionperiod. These may take the form of either temporary orannual certificates.

A valid certificate must be displayed and main-tained in a highly visible, permanent location in eachbuilding, for inspection by any interested parties.

19. Self-InspectionsThe annual fire inspection provides an assessment of

fire safety conditions at one point in time during ayear. Violations of minimum standards of file safetymay occur at any time. Consequently, school officialsshould be alert to this possibility and strive to preventviolations or correct them as soon as they occur.

One of the best methods for assuring that minimumstandards for fire safety are being maintained is toschedule both routine and surprise self-inspections ofschool district facilities during the year. These self-inspections will help to assure that faculty, staff andstudents are properly protected. School district em-ployees may perform self-inspections. Unlike annualfire inspections, reports of self-inspections should notbe sent to the State Education Department.

V. DIRECTIONS FOR COMPLETINGFIRE INSPECTION REPORT

A. INSTRUCTIONS FOR PART I

Part I of the form is to be completed by a school dis-trict official. Read this part in its entirety before mak-ing any entries.

1. Read each question on the inspection reportcarefully and provide appropriate information in thespace(s) provided.2. The front page contains the beginning date ofthe inspection period for the facility and the date bywhich the report is due at the State Education De-partment. If either one or both of the entries underthe title "Inspection Period" ( those noted as"Starts" and "Report Due"), are missing or incom-plete, contact the State Education Department im-mediately at (518) 474-3384.

a. Check the district name for accuracy andspelling. Change the entry, if necessary. Makethe change on the form with a red pen or red pen-cil.b. Check the building/facility name and addressfor accuracy and spelling. Change the entry, ifnecessary. Make the changes on the form with ared pen or red pencil.

3. Be sure that you have one form for each facilitywhich is owned, operated or leased by t he school dis-

trict. A facility is any free standing building orstructure, with walls and roof, which can be secured.It may be a combination of buildings which are con-nected by an enclosed connector. Free standingstructures may include: school buildings, garages,greenhouses, manufactured buildings, sheds, con-cession booths, shower houses, locker rooms, etc.which are not connected to other buildings by en-closed connectors.

If you do not receive a report form for each facilityyou own, lease, or operate, contact the EducationDepartment immediately to obtain the additional

pies at (518 474-3384 or write:New York State Education DepartmentBureau of Educational Management ServicesRoom 3059 Cultural Education CenterAlbany, New York 12230

4. Construction Classifications (Part I, 6) of ClassA, B and C are derived from Section 11 of the LocalFinance Law. They relate to the Part 704 classifica-tions of the Uniform Fire Prevention and BuildingCode, and are described in that part.Class A Type la and lb fire resistive construc-

tion.Type 2 and 2h noncombustible con-struction.

('lass B: Type :3 heavy timber construction.Type 4a and 4b ordinary construction.

Class C: Type 5a and 5b frame construction.5. When completing Section B, use the IgnitionFactor from Appendix I when completing, "OfficialCause as Determined by Fire Official."

B. INSTRUCTIONS FOR PART II

1. Description of Part IIa Sect ion A of Part II applies wily to buildings usedw holly or partially for student education, i.e., schoolbuildings, and is based on Part 155.3 of the Regula-r ions of the Commissioner of Education, which per-tains to const rust ion features in existing school build-ings.

h. Section:, B through M of Part II apply to all build-ings, /tH /mhni; school 'wilding:4. are generally opera-s tonal in mit Lire, and are based on Chapter C, Fire Pre-ent ion, of the I 'nitwit) Fire Prevention and Building)(le. The nil nib). rs in parentheses refer to specific sec-

t ions in that code The fire safety standards encompassthe following concn,-,.

,1 11(,11 )pl't Mil and Mai IliCtlatIrehire .111(1 SOL.% Ice:,

Exiting Section 1).

Section B.Section (

Building Services and Equipment Section E.Area(s) of Public Assembly Section F.Flammable and Combustible Liquids Section G.Automotive Fuel Dispensing Station Section H.Hazardous Materials Section J.Compressed Gases Section K.Welding and Cutting Section L.Additional Code Provisions Section M.

c. In Part II there are various references to generallyaccepted standards, such as publications of the Na-tional Fire Protection Association. Copies of thesestandards are available at nominal costs from the: Na-tional Fire Protection Association; BatterymarchPark; Quincy, Massachusetts 02269.

d. Within each Code classification, Code require-ments can vary greatly, depending on the degree of ex-posure to hazards. The kinds of facilities, in generaluse by school districts, are classified as follows:

BUILDING TYPE OCCUPANCY HAZARDCLASSIFICATION CLASSIFICATION

School

Public School/Public LibraryBus Garage/MaintenanceStorage/Maintenance

Administration

C-5.5

C-5.1

C-4.2

C-4.2

C-1

Low

Low

Moderate

Mot.,rate

Low

e, Fire standards relating to areas of public as-sembly are noted by asteriskF in lieu of boxes in the"Conformance," "Nonconfori..ance," and "Not Appli-cable" columns of the report. These missing itemsare those which are retroactive, and, as such, are notenforceable under provisions of the fire preventioncode until the Legislature authorizes enforcementand provides financial incentives.

f. Columns following standards in Part II aredescribed as follows:

1. The first column on the left is labeled "Code.""Code" signifies the computer code number foreach standard. It is provided for quick identifica-tion, and to denote the time allocated for correc-tion of violation of a special standard, asdescrihed in Part IV Section B-10 of this guide.2. "Cor.fin. ma rm.- signifies that the item hasbeen inspected and ibund to be in compliance withthe language of the provision which appears onthe tbrm.

1.4

3. "Nonconfbrmance" signifies that the item hasbeen inspected and found to he not in conform-ance with the language of the provision which ap-pears on the form. Nonconformances representviolations of minimum standards of fire safety forschools.4. "Not Applical- le" signifies that the provisionwhich appears on the form does not apply to thefacility being inspected. Note some boxes in thenot applicable column are shaded in. This meansthat the item in question is always applicable.5. -Date Nonconformance Corrected" signifiesthat a nonconformance found by the inspector hasbeen corrected as of the date noted.

2. Responsibility of Fire Inspector

a. Part II is to be completed by the fire inspector.He or she must check the results of the inspection inthe first set of columns on each page of the report,and check one of the boxes marked, "Conformance,""Nonconformance," or "Not Applicable," for eachcode number.

b. It is important that the inspector understandthat the items contained in the Fire Safety Inspec-tion Report are the basis for _Lion of facilitiesused by school districts and b -is of cooperativeeducational services. The items t ,dy the require-ments of Section 155.3 of the Regulations of theCommissioner with regard to schools, and are ana-lagous to the provisions of Chapter C of the codewhich are applicable to all buildings, includingschools.

c. In Sections E through M, complete only theitems which apply to the particular building beinginspected. For example: in Section E-7, if the build-ing has a fuel gas system, complete Item 7. Do notcomplete Section E-9. which relates to a fuel oil sys-tem, but note in Item 9, in the space provided, thatno fuel oil system exists.

3. Responsibility of School Officialsa. The school official makes entries only in theright-hand column marked, "Date Nonconform-ance Corrected." Such an entry shall he madeonly opposite a check in the "Nonconformance"column. which was made by the inspector. The en-try of the date signifies the violation has beencorrected.h. Under no circutnstances should an entrywhich has been made by an inspector be altered,even if the violation has been corrected.

9

13

C. INFORMATION SPECIFIC TOCERTAIN SECTIONS IN PART II

I. Section II-A.2.re: size of emergency escape windows Written re-quests to the Commissioner for exceptions to escapewindow sizes will not be cony idered where the verti-cal height of the clear opening is less than 20 inches.

2. Section II-A.2.ere: identification of emergency escape windowsAny sign affixed to the emergency window to iden-tify it as the emergency window shou!.. not use theword "exit." Such windows are not exits.

3. Section II-A.2.fre: obstructions of emergency escape windowsAny bars, screens or grilles over emergency escapewindows must also operate freely (latch, hinges, etc)and permit and facilitate emergency egress.

4. Section II-A.5.c.re: areas of public assembly above the first floor ofbuildings having wood structural members or woodroof deck Written requests to the Commissionerfor permission to continue the use of of such areasshall be accompanied by a scale drawing of eachfloc: of the building showing size of stairs, and exitdoors and indicating the location of stair enclosuredoors and smoke doors.

5. Section II-A.6.b.Section 409-b of the Education Law pertaining tomercury vapor and metal halide lamps is reprintedin Appendix J of this guide.

6. Section II-A.8re: fire extinguisherssee item #10 below.

7. Section II-B.5re: combustible decorations Combustible decora-tions are not specifically defined by code. Section772 of the Code seems to relate to building surfaces,while Section 1191.3b-1 of the Code is much more in-clusive. The prudent position must he to reduce useof decorations which will materially add to theflame spread on walls or the fire hazard within anarea of public assembly and associated exitways.

8. Section 11-11.6

re: flammable liquids see item # 12 hlow.

9. Section II-C-5re: fire department notification School districtsmust immediately notify the fire department, byvoice communication, of any fire which occurs. Suchnotification must be made even though the fire mayha been extinguished, or if the alarm has beenautomatically given to the fire department throughan interconnected alarm system.

10_ Section II-E.5; Section G.1.a; Section II-.1.1.f; Section II- J.14.a; Section II-L.Lare: fire extinguishers NFPA publication #10,**Portable Fire Extinguishers," is a generally ac-cepted standard. This standard covers the selectionof t he right type of extinguishers of the right size, fordifferent kinds of fires. It also covers the installa-tion, inspection, maintenance and testing of extin-guishers.

Portable fire extinguishers are designed for, andclassified for use on either a certain class, or a com-bination of classes of fires.

There are four basic types of fires:Class A fires are fires of ordinary combustible

materials such as wood, cloth, paper, rubber, andmany plastics.

Class B fires are fires of flammable liquids,oils, greases. tars, oil base paints, lacquers, andflammable gases.

Class C fires are fires which involve energizedelectrical equipment.

Class I) fires are fires of combustible metals,such as magnesium, titanium, sodium and potas-sium.

1 1. Section II-F Areas of Public Assemblypreviously stated, there are certain retroactive

( 'ode provisions that are unenforceable at this time.A smoke detecting system and an alarm systemmust he provided in all areas of public assembly, thefire area of which they are a part, and the means ofegress therefrom, only after the Legislature has ex-pressly. by law. provided authorization, financial in-centives and assistance. To date, the Legislature hasnot acted in this regard. This, however, does not pre-clude school districts wishing to install such systemswithout specific legislative authorization or finan-cial help, from doing so at any time. However, com-pliance with this standard prior to Legislative ac-tion in this matter may result in disqualificatin forreceipt of financial or other incentives.

retroactive provisions of Part 794 of the code(h.fine t he fire area of an area of public assembly ast he gat hering space enclosed by a fre-rated separa-

10

tion, including doors, of at least one hour rating. Inthe case of schools facilities, the separation is thatwhich was approved at the time of construction.

Part 790 defines the gathering space as that roomuses for gathering together 50 or more persons.Hence, rooms used for gathering together less than50 persons are not areas of public assembly. Part790 also refers to Table VII-765 (sub note 4) whichconfirms that spaces used exclusively for instructionfor prekindergarten to grade 12 in public schools arenot areas of public assembly.

Chapter 707 of the Laws of 1981 stated that thecode shall include provisions for the type, number,spacing and location of the elements of a detectionsystem. While the code does not directly list suchspecifics, Chapter G lists National Fire ProtectionAssociation publication No 72.E-1982, "AutomaticFire Detectors," as a generally accepted standard.Districts electing to install detection systems priorto legislative action, or those interested in the impli-cations of the Code requirement upon enactment ofsuch legislation should refer to their architect/engineer to this publication.

12. Section II- G; Section II- H.2; Section II- H.3Flammable and Combustible Liquids

The distinction as to whether a volatile liquid is aflammable or combustible liquid is dependent on theflash point of the liquid; i.e, the temperature atwhich ignition will occur. There are various classesas listed below.

Flammable liquids which have a flash point be-low 100°F. and a vapor pressure of not over 40pounds per squart inch absolute at 100'F are ('lass 1.further subdivided as follows:

Class IA flammable liquids have flash points be-low 73°F and boiling points below 100 F. Examples:ethyl ether, benzine.

Class IB flammable liquids have flash points be-low 73°F and boiling points at or above 100 F. Exam-ples: acetone, ethyl alcohol, 120 proof whiskey,methyl alcohol, duplicating fluid, gasoline.

Class IC flammable liquids have flash points ator above 73°F, but below 100"F.

Combustible liquids have a flash point at orabove 100°F and are subdivided as follows:

Class II combustible liquids have flashpoints ator above 100°F, but below 140°F. Examples: mincralspirits (Stoddard Solvent), #2 fuel oil. diesel oil.

Class III-A combustible liquids have flash pointsat or above 1404', but below 200 F. Examples: #.4and #6 fuel oil.

Class 111-B combustible liquids have flash pointsat or above 200"F. Examples: cooking oil, linseed oil,asphalt.

D. INSTRUCTIONS FOR CERTIFICATIONSPART III

Three individuals n.ust provide certificationswhich are to be found on the last page(s) of the in-spection form. Certifications must be pi ovided by:the inspector, a building administrator or designee( a business official or superintendent of buildingsand grounds or designee in the case of non-instruc-tional facilities) and the school superintendent.

VI. DISPUTES AND PROCEDURESFOR APPEAL

Under certain circumstances, application of the Reg-ulations of the Commissioner of Education or the NewYork State Uniform Fire Prevention and BuildingCode may be subject to differing interpretation by theschool district or BOCES and the fire inspector re-tained to perform the annual fire inspection. Wheresuch a disagreement cannot be settled locally, theschool district or BOCES may call or write the StateEducation Department for resolution. After investiga-tion, the State Education Department may make a de-termination from Regulation or Code and advise, ar-range for a third-party inspection, or make an on-siteinspection of the disputed area to gather data beforemaking a ruling.

In some instances, a dispute about interpretation ofa Code standard or Regulation may occur between afire official or other individual as distinguished from adispute which occurs between a school official and anofficial annual fire inspector. In such cases, the disputewill be handled as described previously.

11

15

In all such cases, the ruling of the Education Depart-ment is final with respect to inspectors and fire inspec-tors acting within their respective capacities. Citizensmay, of course, continue t challenge the Education De-partment's ruling in the courts.

In the event that a school board wishes to appeal anEducation Department ruling as it pertains to a provi-sion of the State Uniform Code, it may take an appealto the New York Department of State Uniform FirePrevention and Building Code Board of Review. In-structions for taking such appeals and the form of thepetition are included in this guide as Appendix K.

VII. FINANCIAL CONSIDERATIONS

The expenses associated with the correction of viola-tions of the State Fire and Building Code and Part155.3 of the Regulations of the Commissioner of Educa-tion are ordinary contingent expenses. Consequently,Boards of Eduation are not required to obtain voter au-thorization for expenses associated with correction ofviolations of the standards which appear in the Educa-tion Department's annual fire inspection report.

These expenses may be funded from the followingsources: surplus funds, transfer from other accounts, alocal tax levy and the proceeds from a borrowing.

In the event that borrowing is required, voter autho-rization may be secured during regularly scheduledannual meetings, or at special meetings. Such authori-zation, however, is not required in city school districts.

As an alternative to obtaining voter authorizationfor borrowing, boards of education, pursuant to Section29.00 of the local finance law, are authorized to securebudget notes without voter authorization for expenseswhich were not anticipated at the time the annualbudget was approved. Budget notes may be issuedduring the last nine months of any fiscal year. How-ever, the amount to be raised cannot exceed 5% of theannual budget; and generally, they are paid of no laterthar, the fiscal year which succeeds the one in whichthe notes were issued.

Appendix A

Retroactive Code ProvisionsThe following is a list of statements which refer to

retroactive provisions of the State Fire Prevention andBuilding Code. These Code items will not be enforceduntil the Legislature has passed financial incentivesand assistance for implementing the retroactive provi-sions of the State Code.Code

F01 All areas of public assembly and the exit-ways therefrom are provided with a fire andsmoke detection system which will detectfire and smoke in its initial stage and auto-maticall: activate an alarm signal to sound-

ing devices throughout the building (794.3;791.1; 10609.3a1; 1060.3a3).

F02 At least one manual fire alarm box, whichwill activate the fire and smoke detectionsystem alarm, is located in the main meansof egress from the area(s) of public assembly(1060.3c).

F03 The fire and smoke detection alarm systemis provided with electrical power from anauxiliary source in case of power failure(1060.3d; 1060.2d1).

F04 Electric circuits for transmission of alarmare for that purpose only (1060.2d2).

Appendix B

Section 155.3 of the Regulations of theCommisisoner of Education (8 NYCRR, 155.3)

HEALTH AND SAFETY INEXISTING EDUCATIONAL FACILITIES

Facilities in school districts other than city school dis-tricts in cities having 125,000 inhabitants or more,shall meet the following requirements and, in particu-lar instances, such other requirements as may bedeemed necessary by the commissioner to insure thehealth and safety and accident protection of occupants.

(a) Exits.(1) There shall be at least two means of egress re-mote from each other, leading from each floor occu-pied by pupils, including basements.

(i) When pupils enter into a corridor, there shallbe a choice of two unobstructed means of egress indifferent directions.(ii) Handrails shall be provided on at least oneside of stairways, and on both sides of stairways88 inches or more in width.(iii) There shall be no storage under any stairs orlandings unless the enclosure is approved fire-resistant construction.(iv) Provision of fire escapes of approved designmay be required where other exits are deter-mined to be inadequate for fire safety.

(2) Dead-end corridor pockets shall not exceed amaximum depth of one and one-half times thewidth of the pocket or one and one-half times thewidth of the corridor, whichever is less, unlessotherwise approved by the commissioner.

(3) Corridors and exitways shall be kept clearand free of obstructions at all times.

(4) Fixed and portable security gates shall not belocated or used where they will obstruct exits orcreate dead-end conditions for occupied spaces.

(5) Every space of pupil occupancy over 500square feet in area shall have two separate meansof egress from such space. A space of pupil occu-pancy is any room or self-contained space housingpupils on a regular basis, other than a place of as-sembly or small rooms where no more than 10 pu-pils are under direct, responsible, adult supervi-sion. Each means of egress shall be in a separatesmoke zone, unless immediately adjacent to an

14

approved exit. The primary exit is commonly thewening to the corridor. The second means ofegress may be a door opening into a separatesmoke zone, or a door directly to the exterior, or awindow of such size and design that will facilitateegress, or a door providing egress through adja-cent spaces where specifically approved.(i) Any point in a space of ?upil occupancy shallnot exceed a maximum of 50 feet straight-line dis-tance to an exit, unless otherwise approved by thecommissioner. Any additional exit necesary tosatisfy this requirement shall be remote and maybe required to be directly to the exterior.(ii) When spaces of pupil occupancy are definedin an open area by wardrobes, cabinetry andother furniture which does not present obstruc-tions to egress and which allows students to circu-late freely from one space to another, the totalopen space is considered, for exiting purposes, asa single space. Exits from such open-plannedspace shall meet requirements determined by thecommissioner.

(6) Required emergency egress windows shall be ofa size and design, including hardware and, in appro-priate instances, steps or ladder to high sills, thatwill permit arid facilitate emergency egress. Suchwindows shall be free of obstructing screens orstorm sash.

(1) The minimum clear opening area for such win-dows shall be six square feet, with a minimum di-mension of 24 inches, unless otherwise approvedby the commissioner.(ii) At least one such window in each space of pu-pil occupancy shall be marked with an appropri-ate sign identifying it as an emergency egresswindow.

(7) Places of assembly. A place of assembly is anyarea used for the assembly of 100 or more persons,and spaces over 1800 square feet in area used forthe assembling of persons. A place of assembly shallhave at least two exits remote from each other.

(i) Maximum occupancy for places of assemblyshall be bases'. on the number and size. of existingapprol, _td exits on the basis of 50 persons for each

1 7

one-half exit unit of 11 inches. Where existing ex-its are inadequate for the occupancy capacity of aplace of assembly, or when directed by the com-missioner, signs restricting the number of occu-pants shall be conspicuously posted at each exitlocation. Signs shall read in red letters on whitebackground:

"MAXIMUM OCCUPANCY 3" high, %" strokeNOT TO EXCEED 2" high, W' strokeXXX PERSONS" 3" high, %" stroke

(8) Courtyards with completely enclosed perimetersare areas of possible pupil occupancy and must beprovided with exits as a space of pupil occupancyand as follows, unless otherwise approved by theCommissioner:

(i) Enclosed courts up to 700 square foot areashall have at least one exit equipped withhardware of a type which will always permit thedoor to be opened from the court side without theuse of a key;

(ii) Enclosed courts of more than 700 square footarea shall have at least two exits, remote fromeach other, equipped with hardware of a typewhich will always permit the door to be openedfrom the court side without the use of a key.

(9) Hardware.(i) All door hardware from spaces of pupil occu-pancy shall be of a type that will always permitthe door to be opened from within the spacewithout the use of a key.(i i) All exterior and interior doors in exitways,and exit doors from places of assembly shall havepanic hardware, ex:ept that panic hardware isnot required for push/pull interior exit doors ifthese doors have non-latching hardware. Panichardware shall not be required for exterior corri-dor doors serving less than three classrooms or fordoors serving only service areas such as boilerroom, kitchen or storerooms.(iii) Exit doors shall not be locked or chained orotherwise rendered inoperable from the inside atany time.

(b) Smoke and fire control. As used in this subdivi-sion, the t.,.rms Class "A", "B" or "C" refer to types ofconstruction which are defined by subdivision 11 ofsection 11 of the Local Finance Law.

( H In Class "B" and Class "C" buildings of two sto-ries or more, unless otherwise approved, stairs shallbe enclosed at each floor level and every floor shall

15

be separated from levels above and below by stairenclosures and/or smoke barriers constructed to ob-struct effectively the passage of smoke and fumes, orevery space of pupil occupancy shall be providedwith direct exit to the exterior. In appropriate in-stances, alternate means of egress may be requiredand stairways enclosures in Class "A" constructionmay be required.

(2) Class "B" and Class "C" buildings shall not haveplaces of assembly above the first floor, except in aClass "B" building a written exception may begranted where it is determined by the commissionerthat adequate exits exist.

(3) In appropriate instances, doors, walls and ceil-ings of places of assembly and exitways (corridors,stairs, vestibules, etc.) may be required to befinished with fire retardant materials or coatings.

(4) Stairway enclosures required by paragraph (1)of this subdivision and smoke barriers required byparagraph (5) of subdivision (a) of this section shallbe constructed of non-combustible materials of suchdesign and detail to obstruct effectively the passageof smoke and fumes.

(i) Doors in stair enclosures and smoke barriersshall be metal, metal covered, approved treatedwood construction, or solid bonded core wood doorsnot less than 1 3/4 inches thick.(ii) Glazing in doors, sidelights and frames shall beone-quarter inch wire glass.(iii) Such doors shall swing in the direction of egress,with no latching or locking devices unless operatedby panic hardware. Double-acting hinged doors arenot permitted and corridor pockets opposing swingof doors shall conform to the provisions of paragraph(2) of subdivision (a) of this section.

(iv) Such doors shall be self-closing and maintainedin a normally closed position unless approved auto-matic release devices are provided, whereby uponinterruption of an electrical circuit, the door is re-leased and becomes self-closing. The electrical cir-cuit shall be positively interrupted by operation ofan approved smoke detection system and/or activa-tion of the building fire alarm system. Fusible linksshall not be used to hold open such doors.

(5) Wood floors shall not be treated or finished withoil. Floors so finished previously shall be cleanedand refinished with a penetrating seal.

(6) Fire extinguishers shall be located so that nopoint in a corridor, lobby, or stair i .5 more than 120

18

feet from an extinguisher. Fire extinguishers shallalso he placed readily accesible to auditoriumstages, shops, cafeterias and kitchens, boiler rooms,science labs and accesible from other places whichare possible sources of fire. Fire extinguishers shallhear the Underwriter's Label and he of a type mostsuitable for the kind of fire most likely to occur in agiven area.

(7) Fire resistive (hourly rated) floors, interiorwalls and doors, and ceilings shall be provided at thefollowing spaces unless otherwise approved by thecommissiooner. Those spaces having a roof over theentire space may have roof construction and ceilingsof non-rated fire resistive materials.

Two-hour fire-rated construction with 1'2 hourfire rated, self-closing fire doors are required at:

(a) Boiler, heater or furnace rooms;(b) Refrigeration, electrical, and equipment

rooms;() Incinerator rooms;(d) Storerooms for fuel. flammable liquids andgas powered :..quipment;(e) Transfhrmer vaults.

) Required fire doors shall he maintained in anormally clip position and not held open by fu-sibl links.(iii) Combust dile attic space shall not be used forstorage.

(c) Accident Protection.

1) (Hazing of paneis and doors shall be with safetyglazing materials as follows, unless glazed areas areprotected by approved grilles, or rails:

) Interior exit doors, exterior exit doors and im-mediately adjacent sidelights, except where glaz-ing is 48 inches or more above the floor;(i i' All glazed panels where glazing is within 18inches of t he floor. or platform level of music -r ooni t ype risers;

(in ) Gymnasiums and playrooms and elsewherewhere subject to physical abuse;I iv ) Accept ahle safety glazing materials shall be

lea::t one- quarter inch thick wire glass, cane -quarter inch tempered ( heat treated) glass, one-quartr inch laminated safety glass, or approvedplast

121 Ghtied doors and sidelights within six feet of-orh door, -1).111 he marked by appropriate means inaccord with the provisions of Part 47 of Title 12 of

16

the Official Compilation of Codes, Rules and Regu-lations of the State of New York, except marking ondoo. and/or sidelight is not required:

(i) where less than 80 percent of the area of thedoor or sidelight above a reference line 18 inchesabove the floor is glazed;(ii) where width of sidelight is not more than 20inches, with 1 3/4 inch minimum opaque stiles;(iii) where floor treatment a distance of three feetout from a sidelight will deter approach;(iv) where sidelights are supported on 18-inchminimum height permanent barriers such asbenches, planters or guardrails, extending acrossat least two-thirds of the sidelight.

(3) Window cleaning. Safety provisions shall bemade for persons engaged in window cleaning. Win-dows shall be cleaned from approved safe surfaces,windowsills or ledges, boatswain's chairs or scaf-folds, all as defined in Part 21 of Title 12 of the Offi-cial Compilation of Codes, Rules and Regulations ofthe State of New York.

(i) A safe surface is a place where the cleaner isworking not over six feet off the floor or gradeand not over three feet above a stair run. Laddersmay be used generally when the top of the win-dow is not over 35 feet above grade or floor. Win-dowsills and ledges may be used when the win-dow openings are provided with approved anchorsfor use with safety belts. Approved boatswain'schairs and scaffolds also may be used.

(d) Mechanical. Mechanical equipment, heat-producing and cooling equipment, auxiliary apparatusand controls, and installation and use of same, shall besuch as will insure safe operation in accord with appli-cable recognized standards, as determined by the com-missioner, and be consistent with efficient energy con-sumption.

(1) Gas and oil fuel-burning equipment having a ca-pacity of over 400,000 BTU per hour shall be pro-vided with electronic flame safeguard controlswhich, upon flame failure shall normally respondin two to four seconds to cut off fuel supply throughthe burner and main fuel valve.

(2) All primary controls for fuel-burning equipmentshall operate on a 120-volt, single-phase groundedcircuit. Such controls generally include the hold-incoil of the motor starter,the solenoid coil for the pilotvalve, the solenoid coil for the main fuel valve or the

d

actuator for the motorized fuel valve, the ignitiontransformer and the modulator transformer.

(3) Direct-fired fuel-burning heating units shall notbe used in any space of pupil occupancy.(4) Unused duct work shall he sealed off at eachfloor level with fire-resistive materials.

(5) Ventilation with fresh air shall be available inall occupied spaces.

(e) Water and sanitation.

( I) An adequate supply of safe, potable water fordrinking shall be dispensed from approved sanitarydrinking finintains.

(2) Toilet rooms for boys and girls, with flush toiletsand wash sinks which are connected to an adequatewater supply under pressure, and connected to anapproved individual or public sewage disposal sys-tem, shall he provided.

(3) No source of water supply, nor t;ewage disposalsystem, shall he used which has not been approvedby the appropriate agency of the State Departmentof Health or Department of Environmental Conser-vation.

(f) Gas.

( ) Gas entering a school building shall be low-pressure gas.

(2) Gas transmission and distribution piping shallmeet the requirements of the Public Service Com-mission.

(g) Electrical. Electrical equipment and auxiliary ap-paratus and controls, and installation and use of same,shall he such as will insure safe operation in accordwith applicable recognized standards, as determinedby the commissioner, and he consistent with efficientenergy consumption.

Suitable and sufficient artificial light shall beprovided for the visual tasks being performed.

(2i Exit lights. School buildings shall he providedwith exit lights to id-ratify building exits, stairs, cor-ridors, and exits from places of assembly, and to des-ignate the path of travel to the exterior, exceptschool buildings having six or less classroom areasmay have exit signs in place of exit lights.

7

(i) The word "EXIT" shall be in letters not lessthan 4'2 inches high and strokes not less than 3/4inches wide.(ii) Exit lights shall be circuited and wired tominimize the possibility of interruption.

(3) Emergency lighting. Automatic emergencylighting systems shall be provided for places of as-sembly exceeding an area of 1800 square feet, andfor all exitways leading from such areas. Such areainclude all-purpose rooms, auditoriums, cafeterias,group-instruction rooms, playrooms and gymna-siunis, swimming pools and other combinationplaces of assembly.

(4) Fire alarm.(i) School buildings of seven or more classroomareas shall be equipped with a manually operatedelectric fire-alarm system, which may includeautomatic smoke and/or fire detection, which willcontinue to sound the alarm until the tripped sta-tion has been restored to normal operation or, inan existing system, has completed a cycle of notless than 30 seconds.( i i) School buildings of one to six classroom areasshall be equipped with either a manual, hand orelectric, fire alarm which is capable of beingsounded for such a period of time as will insureevacuation of the building, or an electric fire-alarm system as described in subparagraph (i) ofthis paragraph.(hi) School buil dings within fire districts havingan electrically operated, street-located generalmunicipal fire-alarm box system shall have,wherever practical, the school building fire -alarm system interconnected to the municipalsystem, so that sounding of the school buildingfire-alarm system automaticaly gives the alarmto the lire department affording protection to theschool building. Wherever practical, fire-alarmbox compatible with the municipal system, whichwill sound the alarm of the school building sys-tem, shall he accessibly located on the site or onthe school building.

(5) Telephone. A telephone which can be used in thecase of emergency shall be provided in all buildingshaving pupil occupancy.

(h) Additions and alterations. In the case of addi-t ions to or alterations of an existing facility, the re-quirements of this section must be continuously main-tained during the construction period, or provisions

2U

made to provide equivalent safety to the school-district-occupied portions of the facility.

(i) Facilities shall be operated and maintained to pro-vide effectively for the accident protection and lifesafety of occupants, to reduce exposure to property lossby fire, and to assure efficient use of natural resources.

lti

(j) When, based on these regulations, it is the judg-mem. of the commissioner that the general conditionsof a sch,,o1 building, or any part thereof', indicate thatit would be detrimental to the health and safety of oc-cupants, the commissioner may designate an area orareas of the building as unusable for pupil occupancyor may limit the numbeof occupants thereof.

21

Appendix C

Fire Inspection Zones

ZONE NAME ANDSUPERVISORY DISTRICT

(All Public Schools and BOCESZONE #

FIRE INSPECTION PERIODBeginning Date Due Date

Niagara-Western 1 8/15 10/1

Cattaraugus-Allegany-Erie-WyomingChautauquaErie #1Erie-Chautauqua #2 (excluding Buffalo)Orleans-Niagara

Genesee-Southern 2 9/15 11/1

GeneseeLivingston-Steuben-WyomingMonroe #1 (excluding Rochester)Monroe-Orleans #2Ontario-Seneca-Yates-Cayuga-WayneSchuyler-Chemong-TiogaSteuben-Allegany

Central 3 10/15 1211

Cayuga-OnondagaCortland-MadisonOnondaga-Madison (excluding Syracuse)OswegoTon.pkins-Seneca-Tioga

Mohawk-North 4 11/15 1/1

Herkimer-Fulton-Hamilton-OtsegoJefferson LewisMadison-OneidaOneida-Madison-HerkimerSt. Lawrence -Lewin

Southern Tier 5 1/15 3/1

13roome-Delaware-TiogaI )elaw are-Che n ango-M ad ison-OtsegoOt sego-Delaware-Schoharie-Greene

19

Fire Inspection Zones (continued)ZONE NAME AND

SUPERVISORY DISTRICT(All Public Schools and BOCES)

ZONE #FIRE INSPECTION PERIOD

Beginning Date Due Date

Capitol North 6 2/15 4/1

Albany-Schoharie-SchenectadyClinton-Essex-Warren-WashingtonFranklin-Essex-HamiltonHamilton-Fulton-MontgomeryRensselaer-ColumbiaSaratoga-WarrenWashington-Warren-Hamilton-Essex

Mid-Hudson 7 3/15 5/1

DutchessOrange-UlsterSullivanUlster

Putnam-Rockland-Westchester 8 4/15 6/1

Putnam-WestchesterRocklandWestchester #2 (excluding Yonkers)

Nassau 9 5/15 7/1

Nassau

Suffolk 10 6/15 8/1

Suffolk #1Suffolk #2Suffolk #3

Big 4 Cities 11 7/15 9/1

BuffaloRochesterSyracuseYonkers

20

2 3

NEW YORK STATEZONE MAP

FORFIRE INSPECTION

REPORTING

Buffalo

NIAGARA-WESTERN500 BLDGS.

MOHAWK-NORTH300 BLDGS.

CAPITAL-NORTH500 BLDGS.

Rochester QSyracuse

GENESEE-SOUTHERN

500 BLDGS. CENTRAL

300 BLDGS.

SOUTHERN TIER250 BLDGS.

MID-HUDSON300 BLDGS.

NASSAU

400 BLDGS.

PUTNAM-ROCKLAND-WESTCHESTER

400 BLDGS.

24

SUFFOLK

450 BLDGS.

Yonkers

N.Y.C.

25

O

Appendix D

Section 807-a of the Education Law. Fire Inspections

June 1982

1 It shall be the duty of the school authorities ingeneral charge of the operation of any public orprivate school to cause tl-w buildings of suchschool containing classroom, dormitory, labora-tory, physical education, dining or recreationalfacilities for student use to be inspected at leastannually for fire hazards which might endangerthe lives of students, teachers and employeestherein.

2. The annual fire inspection shall be made priorto the first day of December of every school yearand the report thereof shall be filed by the schoolauthorities in the places required by subdivisionfive of this section no later than the sixteenth dayof December of every such year.

3. (a) The school authorities shall cause any fireinspection pursuant to this section to bemade by one of the following methods, orany combination of such methods:

( 1) Employing, either regularly or spe-cially, persons who, in the judgment of theschool authorities, are qualified to makesuch an inspection, or any phase thereof.

(2) Contracting for the making of such in-spections, or any phase thereof, by personswho, in the judgment of school authorities,are qualified.

( 31 Requesting inspection by the fire de-partment of any city, town, village or firedistrict in which the building is located.

( 4 i Requesting inspection by a fire cor-poration which is subject to the provisions ofsection fourteen hundred two of the not-for-profit corporation law, if such building is lo-cated within the area described in the certif-iciit e of incorporation of any suchcorporat ion.

15) Requesting inspection by the countyfire coordinator, or the officer performingt he powers and duties of a county fire coor-d iator pursuant to a local law, of the countyin which the building is located, or by any

22

de,)uty county fire coordinator or deputy ofsuch other officer so performing the powersand duties of a county fire coordinator desig-nated to make the inspection by the countyfire coordinator or such other officer so per-forming the powers and duties of a countyfire coordinator, if the building is locatedoutside a city, town, village, or fire district,which has its own fire department and out-side the area described in the certificate ofincorporation of any fire corporation whichis subject to the provisions of section four-teen hundred two of the not-for-profit law.

(b) If any such inspection, or phase therof, isto be made by either of the methods specifiedin subparagraphs (1) and (2) of paragraph aof this subdivision, the school authoritiesshall give reasonable notice of the date andtime such inspection is to be made to thechief, or other comparable officer, ofany firedepartment, or fire corporation, which hasthe regular duty of fighting fire in the build-ing to be inspected. Such officer, or any sub-ordinate designated by him, may be presentduring the inspection and may also file a re-port of inspection in the manner provided inthis section.

(c) If any fire department or fire corporationdescribed in subparagraphs (3) and (4) ofparagraph a of this subdivision sl-)11 fail orrefuse to make a fire inspection promptly af-ter having been requested to do so by theschool authorities, the school authoritiesmay request the county fire coordinator, orthe officer performing the powers and dutiesof a county fire coordinator pursuant to a lo-cal law, of the county in which the buildingis located to make such inspection. It shallbe the duty of the county fire coordinator, insuch case to make such inspection or cause itto be made by a deputy whom he shall desig-nate.

(d) Regardless of the method or methods usedto accomplish the inspection required by this

20

section, the person making the ..nspectionshall file the report thereof with the schoolauthorities no later than the first day of De-cember.

4, The State Fire Administrator shall prescribethe form of the fire inspection report and the com-missioner of education shall furnish a supply ofsuch form to school authorities. In prescribingsuch form, the State Fire Administrator shallconsider standards for fire safety set forth in thestate building construction code, the regulationsof the commissioner of education and other safetystandards.

5. la) The report of any fire inspection shall befiled in the office of the school authoritiesand with the commissioner of education. Allsuch reports so filed in any public officeshall he kept as public records for at leastthree years after which period they may bedestroyed.

b Within twenty days after the filing of thereport with the school authorities, the schoolauthorities shall cause public notice of thefiling of such report to be given in substan-tially the following form: "Notice is herebygiven that the annual inspection for (year) ofthe school building (or of the and schoolbuildings) of (name of school district orprivate school) for fire hazards which mightendanger the lives of students. teachers andemployees therein, has been completed andthe report thereof is available at the office of(school district or private school) at for in-spection by all interested persons." If the in-spection was not made for the schoolauthorities by the fire department or firecompany responsible for fire protection ofthe building, such authorities shall cause acopy of such notice to he mailed to the chiefof such fire department or company.

The school authorities of public schoolsshall cause such notice to be published atleast once in the official newspaper, or ifthere is no official newspaper, in a newspa-per having general circulation in the schooldist net ,ind if' there is no newspaper havinggeneral circulation in the district, shallcause such notice to he posted in ten conspic-uous places in the district. Proof of publica-, ion or pest ing of such notice and of the mail-ing or a copy of such notice to the fire chiefshall be filed in the office of the district.

IC)

(d) The school authorities of private schoolsshall cause such notice to be published atleast once in a newspaper having generalcirculation in the postal area in which theschool building is located, and if there is nonewspaper having general circulation insuch postal area, shall cause such notice tobe posted in ten conspicuous places in suchpostal area. Proof of posting or publication ofsuch notice and of the mailing of a copy ofsuch notice to the fire chief shall be filed inthe school office.

(e) If the report shows any alleged deficien-cies, the school authorities shall give at leastfive days notice by mail to the chief of thefire department or fire company responsiblefor fire protection of th,! school building ofthe date and place of a meeting of the trus-tees, board of education, or corresponding of-ficers by whatever name known, to be heldwithin thirty days following the publicationor posting required by this section, and shallat such meeting confer with the fire chiefconcerning the alleged deficiencies ap-pearing or the inspection report and themeasures proposed to be taken by the schoolauthorities to correct such deficiencies.

(f) In each such school district subject to thejurisdiction of a district superintendent un-der the provisions of article forty-five of theeducation law, such district superintendentshall ascertain that the notices required bythis subdivision have been published orposted, and mailed, and any conference withthe fire chief required by this subdivisionhas been had.

6. It shall be the duty of the commissioner of edu-cation to ascertain annually whether the inspec-tions of school buildings required by this sectionhave been made and the reports of the inspectionhave been filed in their respective offices. Thecommissioner of education shall review the re-ports of inspection filed pursuant to this sectionand may make recommendations to the schoolauthorities with respect to any problems relatingto school fire safety noted in such reports. Thecommissioner of education may inspect or causeto be inspected at any reasonable time for fireprevention and fire protection purposes the schoolbuildings required to be inspected by this section.

7. (a) Every public or private school required tohe inspected as hereinabove provided may

23

27

he inspected for fire prevention and fire pro-tection purposes at any reasonable time by

(1) the chief of the fire department of the city,town, village or fire district in which the schoolis located,

(2) the chief of a fire corporation having itsheadquarters outside a village or fire district,if the school is located in the area described inthe certificate of incorporation of such com-pany,

(3) the chief of the fire department or fire com-pany affording fire protection to a fire district,fire protection district, or fire alarm districtpursuant to a contract, if the school is locatedin any such district,14 the member of any fire department or firecompany listed in subparagraph one, two orthree of this paragraph assigned by the chiefthereof the duty of inspecting school buildings.

( b) In no event shall the school authorities ofany public or private school, required to be in-spected as hereinabove provided, refuse accessat any reasonable time to any person describedin subparagraphs one, two, three and four ofparagraph a of this subdivision, who appearsfor the purpose of conducting an inspection forfire prevention or fire protection purposes; pro-vided. however, that the administrator or thedesignee of the administrator of the school tohe inspected shall be given the opportunity tohe present during the inspection.

Any person, or any public or other corporationfor which any such person acts, shall not be liablefor any error, omission or lack of thoroughness in

24

the making of the inspection and report requiredor permitted by this section.

9. The term "school authorities," as used in thissection, means, in relation to public schools, thetrustes, or board of education, or correspondingofficers, whether one or more, and by whatevernaine known of a city school district, or otherschool district however created, or, in relation toprivate schools, the board of trustees, board ofdirectors, or other governing board in generalcharge of the operation of any such school.

10. The term "private school," as used in this sec-tion means:(a) Any nursery school or kindergarten at-

tended by six or more pupils three years ofage or older which may apply for registra-tion by the New York State Education De-partment pursuant to part one hundredtwenty-five of title eight of the official com-

pilation of codes, rules and regulations of thestate of New York; provided, however, thatthis section shall not apply to day care facili-ties possessing a valid permit as required bysection three hundred ninety of the socialservices law; or

(b) Any establishment, other than a publicschool, attended by twenty-five or more pu-pils for the purpose of receiving the instruc-tion ofsacademic grade at the elementary orsecondary level required by part one of arti-cle sixty-five of this chapter.

11. This section shall not apply to the schoolauthorities in the cities of New York, Buffalo,Rochester, Syracuse, and Yonkers or to collegesand universities.

23

Appendix E

Section 155.4 of the Regulationsof the Commissioner of Education

(8 NYCRR, Section 155.4)

FIRE AND BUILDING SAFETY INSPECTIONS(a) All buildings which are owned, operated or leasedby a public school district or board of cooperative edu-cational services shall be inspected for fire safety atleast once annually pursuant to a schedule determinedby the commissioner or at any other time deemed nec-essary by the commissioner. Any cost of such inspec-tion Fhall be bcrne by the school district or board ofcooperative educational services.

(b) All inspections shall be performed, within a periodof time determined by the commissioner, by an inspec-tor who is qualified pursuant to procedures establishedby the state fire administrator. The report of the in-spection shall be on a form supplied by the commis-sioner.

(c) Any violation of the State Uniform Fire Preventionand Building Code (9 NYCRR Parts 600 through 1250)or of this Part shall be corrected immediately unless itis impracticable to do so. Violations which are not cor-rected immediately shall be corrected within a periodof time approved by the commissioner.

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

(1) review each nonconformance with the require-ments of section 155.3 of this Part or of 9 NYCRRParts 1150 through 1197 recorded on the reportduring the fire inspection;(2) identify all such nonconformances which havenot been corrected by the date of the meeting;(3) adopt a plan, in a form prescribed by the com-misioner, for correcting all such nonconformances.

(e) No building which is owned, operated, or leased bya board of education or a hoard of cooperative educa-tional services shall be occupied or otherwise used un-less the building has a valid certificate of occupancy is-sued by the commissioner.

(1) A certificate of occupancy will be issued by thecommissioner following the annual inspection if the

25

inspection indicates the building is buitable foi oct..0pancy and free of violations of the State Unifui niFire Prevention and Building Code (9 NYCRR Parts600 through 1250) and of this Part.(2) The commissioner may issue a temporary certif-icate of occupancy at any time if the building is suitable for occupancy and if the board of education ofboard of cooperative educational services hasadopted a plan, subsequently approved by the coinmissioner, for corecting all violations, pursuant tosubdivision (c) of this section.

(3) A certificate of occupancy, a temporary cei tificate, or a building permit r ay be denied or revokedfor any one of the following reasons:

(i) Failure to comply with any provisions of thisPart;(ii) Failure to comply with any provisions of theState Uniform Fire Prevention and BuildingCode (9 NYCRR Parts 600 through 1250);(iii) Failure to comply with the provisions of sec-tion 807-a of the Education Law;(iv) Failure to file an annual or other fire safetyinspection report in a timely manner;(v) Failure to correct and/or plan for correction ofany nonconformance with the requirements ofsection 155.3 of this Part of 9 NYCRR Parts1150 through 1197 which appears on the firesafety inspection report in a timely manner;(vi) Existence of onv nonconformance with the re-quirements of section 155.3 of this Part or of 9NYCRR Parts 115(.. through 1197 which appearson the fire safety report and which indicates thata building is not suitable for occupancy or in-tended use;

(vii) Repeated violations of the State Unifot inFire Prevention and Building Code (9 NYCRRParts 600 through 1250) or this Part, or(viii) Violation of other health or safety stundards, imposed by law or regulation, which indi-cate that a building is not suitable for occupancyor intended use.

29

Appendix F

Leased Facilities

A. School District or BOCES Leasing to Private Sec-tor:

1. Portion of Building

a. Short-Term Lease

b. Long-Term Lease

2. Entire Buildinga. Short-Term Lease

b. Long-Term Lease

B. School District or CESector:

1. Portion of Building*

a. short-Term Lease

h. Long-Term Lease

Fire InspectionReport By:

School District

School District**(and municipality)

School District

Local Municipality

S Leasing from Private

School District**(and Municipality)

School District**(and Municipality)

26

C.

D.

2. Entire Buildinga. Short-Term Lease

b. Long-Term Lease

School District(and Muncipality)

School District

If none of the above apply, the school authorites inthe district of residence of the children attendingthe facility will be responsible for arranging com-pletion of the fire inspection report.

In addition, school authorities will be responsiblefor ensuring that a fire inspection report has beencompleted for any facility owned, leased, or usedby the school district and attended by childrenfrom residing in another school district.

* SED is interested only in the portion of the facility used for schooldistrict purposes. associated exitways and that which may com-promise exiting (such as boiler rooms). In buildings with mixedoccupancies, any occupancy uses having different hazard classifi-cations must be separated from the school district use by two-hour fire separation.

** SED will deal only with school portion local municipality willinspect balance of building.

30

Appendix G

Formula for Certificates of Occupancy

Annual or temporary Certificates of Occupancy areissued (or withheld) in accordance with the followingformula:

Relative Degree of Severity of eachdetermined as follows:

nonconformance is

Number ofOutstandingNonconformances

Relative Degree ofSeverity of Certificate

Nonconformances Issued

Relative Degreeof Severity

First Digit"Code Column

of Report

Correction TimeIn Days

-0- N/A Annual Minor 1 30

1-10 Minor Temporary Minor 2 60

11 or more Minor None* Minor 3 120

1-5 Major Temporary Major 4 30

6 or more Major None* Major 5 60

1 or more Severe None* Major 6 120Severe 7 30Severe 8 60

No Certificate of Occupancy may be issued until nonconform-ances are corrected and entire facility is re-inspected.

27

31

Appendix H

Format for Violation Correction Plan

District:

Facility:

Facility Address:

Facility Code Number:

VIOLAT1()N-CO DE" #

CORRECTIVE ACTIONBEING TAKEN

3 2

DATE CORRECTIONWILL BE COMPLETED

Appendix I

Ignition Factor

1. Incendiary

11. Incendiary12. Incendiary, during civil disturbance

2. Suspicious

21. Suspicious22. Suspicious, during civil disturbance

3. Misuse of Heat of Ignition

31. Abandoned, discarded material32. Thawing33. Falling asleep34. Inadequate control of open fire35. Cutting, welding too close to36. Children playing with37. Unconscious, mental, physical impairment;

drug, alcoholic stupor39. Not classified above

4. Misuse of Material Ignited

41. Fuel spilled, released accidentally%2. Improper fueling technique43. Flammable liquid used to kindle fire44. Washing part, cleaning, refinishing, painting45. Improper container46. Combustible too close to heat47. Improper storage49. Not classified above

5. Mechanical Failure, Malfunction

51. Part failure, leak, break52. Automatic control failure53. Manual control failure

54. Short circuit, ground fault55. Other electrical failure56. Lack of maintenance, worn out57. Backfire59. Not classified above

6. Design, Construction, Installation Deficiency

61. Design deficiency62. Construction deficiency63. Installed too close to combustibles64. Other installation deficiency65. Froperty too close to (included are exposure

fires)69. Not classified above

7. Operational Deficiency

71. Collision, overturn, knockdown72. Accidentally turned on, not turned off73. Unattended74. Overloaded75. Spontaneous heating76. Improper startup, shut-down procedures79. Not classified above

8. Natural Condition

81. High wind82. Earthquake83. High water, including floods84. Lightning89. Not classified above

9. Other Ignition Factor

91. Animal92. Rekindled from a previous, fir:99. Not classified above

Appendix J

June 1981

SECTION 409-b. EDUCATION LAW Use of mercury vapor or metal halide lamps withinschool buildings.

1. Every new or replacement mercury vapor or metal halide lamp which is used within anyschool building in the state, for the purpose of providing illumination, shall be of thesafety type or variety which self-extinguishes upon breaking, cracking or removal of theouter shield protecting the lamp or if such self-extinguishing variety is not available,each such lamp or its fixture shall be equipped with a shield adequate to protect againstand to absorb ultraviolet radiation if the lamp were to break or become defective withinthe shielded fixture.

Jurisdiction is hereby conferred on the commissioner in order to provide for the enforce-ment of this section through rules and regulations which the commissioner shall estab-lish.

Appendix K

New York State Department of State

Uniform Fire Prevention and Building CodeBoard of Review

PETITION INSTRUCTIONS

A proceeding befbre the board is commenced by re-ceipt of a completed petition. To he complete, a petitionmust include a completed and signed petition form in-cluding a statement of the grievance, the relief beingsought, the required fee and support documentation.You will he notified when a petition is complete and ifincomplete of the information required for complete-ness.

To file a petition with the Uniform Fire Preventionand Building Code Board of Review, please file seven(7) copies of the completed petition application and allother required documentation. A fee as set forth in thefee schedule must accompany this application. Anapplication for review may be filed either personally orby mail.

Required Documentation to Accompany Petition:(seven (7) copies of each item is required):

1. The application made to the enforcing authorityfor construction or use of the building or material(where appl icable ).

2. Letter of denial or violation from the code enforce-ment official citing code sections.

3. A statement of the nature of grievance and the re-lief sought in sufficient detail al. would permitthe Board to make a determination on the recordbefore it. Where applicable, state the circum-stances alleged to constitute practical difficultiesor unnecessary hardship, or the reasons why therequirement is otherwise unwarranted (refer toPart 440. Section 4-10.4b).

Additional Documentation for PetitionsInvolving Construction, Alteration orRenovation of a Building:

4. :\ site plan of the premises showing all existingbuildings and proposed new construction, if any.

5. Plans detailing the applicable portions of the con-struction, alteration or renovation of the buildinginvolved in the petition.

31

6. Photographs of existing construction (where ap-plicable).

7. Statement of petitioners proposed alternative tocode compliance.

NOTE: WHENEVER POSSIBLE, THE BOARD OFREVIEW WILL ATTEMPT TO RESOLVE PETI-TIONS USING THE WRITTEN RECORD ONLY. BYPROVIDING ADEQUATE DOCUMENTATION TOFACILITATE THESE PROCEDURES, PETITIONSMAY HELP AVOID UNNECESSARY DELAYS.

There are five (5) regional boards of review. If ahearing is held, an attempt will be made to hold it at alocation convenient to all parties. You may request anysuitable site for the region in which the building or ac-tivity is located. Please indicate preference on page 1 ofthe Petition Form. The following sites will be givenpriority consideration.

ALBANY BOARD Albany', Glens Falls, Eliza-bethtown

BUFFALO/ROCHESTER BOARD Buffalo`,Rochester, Jamestown, Olean

HAUPPAUGE BOARD Hauppauge*, New YorkCity

NEWBURGH BOARD Newburgh', Poughkeep-sie, White Plains

SYRACUSE/WATERTOWN BOARD Syracuse,Watertown, Binghamton, Cortland

*Location of principal offices of the Boards of Review (see attachedmap on page 33 for areas covered by each board).

FEES: ALL PETITIONS TO THE BOARD OF RE-VIEW SHALL BE ACCOMPANIED BY THE FOL-LOWING FEES:

1. One- or two-family dwellings and agriculturalbuildings $25.00

35

2. All other buildings and structures: ink; construction, alteration or renovation ofbuildingsistructures $25.00

a. Up to 8,000 square feet $50.00b. 8,000 square feet to 25,000 square feet

$150.00c. 25,000 square feet to 50,000 square feet

$250.00d. More than 50,000 square feet $500.00

3. Petitions involving maintenance or use of build-ings nr materials and other petitions not involv-

Checks covering the required fee should be made paya-ble to the New York State Department of State.

Mail or deliver the ,ompleted petition to:

New York State Department of StateCodes Division162 Washington AvenueAlbany, New York 12231

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NEW YORK STATEDEPARMTENT OF STATE

UNIFORM FIRE PREVENTION AND BUILDING CODEBOARD OF REVIEW

PETITION

DATE

PETITIONER(S) NAME: TITLE:ADDRESS:TELEPHONE NUMBER: Area Code ( )

INTEREST IN PROPERTY, ETC.

OWNER:ADDRESS:TELEPHONE NUMBER: Area Code ( ) -

PROPERTY LOCATION:CITY, TOWN OR VILLAGE IN WHICH LOCATED:COUNTY IN WHICH LOCATED:TAX MAP NUMBER(S) OF SUBJECT PROPERTY:

REQUESTED LOCATION OF HEAk'NG (SEE INSTRUCTIONS):

ENCLOSED FEE AMOUNT:

I (we) hereby petition the Uniform Fire Prevention and Building CodeBoard of Review for the following:

The reason(s) for this petition is as follows:

(Attach additional sheets as needed)

39

CODE ENFORCEMENT AGENCY:CODE OFFICIAL NAME:ADDRESS:TELEPHONE NUMBER: Area Code (

TITLE:

TYPE OF CONSTRUCTION:

OCCUPANCY CLASSIFICATION:

NAME AND ADDRESS OF INTERESTED PERSONS OR ORGANIZATIONS, IF ANY, WHOSHOULD BE NOTIFIED OF PETITION:

COMPLETE THE FOLLOWING WHERE APPROPRIATE TO THE CODE REQUIREMENT IN-VOLVED IN THE PETITION, INCLUDING FOR ALL PETITIONS INVOLVING CON-STRUCTION, ALTERATION, OR RENOVATION:

DATE OF BUILDING PERMIT APPLICATION:ARCHITECT OR ENGINEER, IF ANY:PDDRESS:TELEPHONE NUMBER: Area Code ( )

CONSTRUCTION IS: WITHIN FIRE LIMITS OUTSIDE FIRE LIMITS

STATUS: IN PLANNING IN CONSTRUCTION COMPLETED (date)

HEIGHT:

NUMBER OF STORIES:

FLOOR AREA OF STORY CONTAINING MAXIMUM FLOOR AREA:

CUMULATIVE GROSS FLOOR AREA:::

:Cumulative gross floor area is the sum of the gross floor area of allfloor levels in the building involved in the appeal.

OFPC USE ONLY

I HEREBY CERTIFY, TO THE BEST OF MYKNOWLEDGE, THAT THE AFOREMENTIONEDINFORMATION IS A TRUE REPRESENTATIONOF THE FACTS FOR THIS PETITION

SIGNATURE OF PETITIONER

DATE