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The following list is an index of 8 NYCRR 155 as of October1999 and reflects changes made by the Board of Regents reflecting legislative initiatives contained in 101, 207, 409-d, 409-e, 3602 and 3641 of the Education Law and Chapters 56 and 58 of the Laws of 1998. Citations below reflect numbering effective October 7, 1999. Bold sections are included in this document.
Please Note: This document was compiled by the Office of Facilities Planning from our records. Additional sections will be included as they become available electronically. The official version of 8NYCRR155 is published by the Department of State and printed by: the West Group, Saint Paul, MN 55164-0779 Their number for ordering is 1-800-328-9352.
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Attached to the end for reference:
151-1.10 Facilities Requirements. (for the universal pre-kindergarten program)
Section 155.1 Educational Facilities. Each school district shall provide suitable and adequate facilities to accommodate the program of such district.
(a) Each school district shall develop and keep on file, a comprehensive long-range plan pertaining to educational facilities. Such plan shall be reevaluated and made current at least annually, and shall include appraisal of the following: the educational philosophy of the district, with resulting administrative organization and program requirements; present and projected pupil enrollments; space use and state rated pupil capacity of existing facilities; priority of need of maintenance, repair or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities; and the provision of additional facilities.
(1) The number, types, space requirements and pupil capacities of facilities shall be in relation to the present and projected needs of the school district programs, including mandated educational requirements.
(2) Pupil enrollment projections shall be based on a school district census projection of each grade level. Elementary grade enrollments, kindergarten through sixth grade, shall be projected a maximum of five years. Secondary grade enrollments, seventh through twelfth grade, shall be projected a maximum of ten years.
(3) Educational specifications for the erection, enlargement or remodeling of educational facilities shall be submitted to the Commissioner. Such specifications shall be based on the comprehensive long-range plan of the district and shall include the educational philosophy of the project, description of educational program, including activities to be conducted and related space and facilities requirements; and description of innovative or experimental concepts or features which may be included.
(4) Each school district shall prepare a five-year capital facilities plan no later than July 1, 2001, and shall update such plan annually. Such plan shall be prepared in a manner and in a format prescribed by the commissioner and copies of such plan shall be submitted to the commissioner upon request. Such plan shall include, but shall not be limited to:
(i) a breakdown for each of the five years of the plan of the estimated expenses for the following:
(a) current or proposed new construction ranked in priority order;
(b) current or proposed additions to school facilities ranked in priority order;
(c) current or proposed alterations or reconstruction of school facilities ranked in priority order;
(d) major repairs ranked in priority order;
(e) major system replacement and repairs, and maintenance ranked in priority order; and
(f) energy consumption;
(ii) a district wide building inventory which shall include, but shall not be limited to:
(a) the number and type of facilities owned, operated or leased by the district;
(b) the age, enrollment, rated capacity, use, size and the safety rating of such buildings as determined pursuant to the provisions of subdivision (c) of section 155.4 of this Part;
(c) the energy sources for such buildings;
(d) probable useful life of each building and its major subsystems;
(e) need for major system replacement and repairs, and maintenance;
(f) summary of the triennial asbestos reports required pursuant to the Asbestos Hazard Emergency Response Act (AHERA) regulations, 40 CFR Part 763 (Code of Federal Regulations, 1998 Edition, Superintendent of Public Documents, U.S. Government Printing Office, Washington, DC 20402; 1998; available at Office of Facilities Planning, Education Building Annex, Room 1060, State Education Department, Albany, NY 12234); and
(g) any other information which may be deemed necessary by the commissioner to evaluate safety and health conditions in school facilities.
(b) Facilities shall be designed and constructed to provide for the health and safety of occupants with consideration of educational and planning efficiency, conservation of natural resources, practicality, and initial and long-range economy, and shall support an environment within the facility which is conducive to learning.
(1) Design of a facility shall provide space layouts and number, size and arrangement of exit facilities that will insure prompt escape of occupants from a hazard to life safety.
(2) Visual environment of a facility. (i) Adequate levels of illumination, consistent with efficient energy consumption, shall be provided in each area of a facility for the tasks being performed.
(ii) Natural and artificial lighting shall produce a controlled environment of balanced brightness, free from objectionable glare.
(iii) Teaching areas shall have fenestration which permits a view of the exterior, unless otherwise approved by the Commissioner.
(iv) Teaching spaces shall be properly proportioned as to size and shape of room, including ceiling height.
(v) Color, finishes, lighting, furnishings and related items shall reasonably be combined to provide an aesthetic learning environment.
(vi) A report that new installations and replacements of mercury vapor or metal halide lamps are of a fail-safe type which self-extinguish if the shielding of the lamp is broken, cracked or removed shall be included in the annual fire inspection report filed pursuant to Education Law, section 807-a. If such fail-safe type lamps are unavailable, the report shall state that an ultraviolet radiation-absorbing shield has been provided for each new or replacement mercury vapor or metal halide lamp, in accordance with the provisions of section 409-b of the Education Law.
(3) Thermal environment of a facility. (i) Controlled heating and ventilation shall be provided and maintained in all areas to produce conditions suitable for the varying activities that take place in the various areas by systems providing efficient consumption of energy.
(ii) Each teaching space shall be provided with a controlled supply of fresh air and shall have sufficient air changes to produce healthful conditions and avoid odors or build-up or concentrations of toxic substances or dust particles.
(iii) When teaching spaces cannot be provided with an adequate thermal environment by ventilation as determined by the Commissioner, provision for cooling may be required by the Commissioner.
4) Sanitation. (i) Water shall be safe and potable from an approved source and shall be dispensed within a facility from sanitary drinking fountains.
(ii) Toilet rooms shall have an adequate number of proper fixtures.
(iii) Sanitary sewers shall be connected to a municipal sewage system or an approved on site disposal system.
(c) Sites for the erection or enlargement of facilities shall be approved by the Commissioner, provided they have been selected with reasonable consideration of the following factors:
(1) Size and location of a site shall be consistent with the long-term building plans of the district;
(2) Sites shall be educationally adaptable with consideration for situation of building and development of the grounds for outdoor educational program and related activities, without excessive initial or development costs and shall provide the following minimum usable acres, unless otherwise approved by the Commissioner:
(i) Elementary schools (kindergarten through sixth grade): Three acres base plus one acre for each 100 pupils, or fraction thereof;
(ii) Secondary schools (7th through 12th grade): 10 acres base plus one acre for each 100 pupils, or fraction thereof;
(3) Sites shall be developed to conserve natural resources and avoid environmental problems within the limits of the educational program. Care shall be taken to insure that the site and facilities thereon are consistent with and contribute to the school and community environment and provide for the health and safety of occupants.
(d) Inspection of Facilities. Superceded October 7, 1999 by section 155.4(b)(2)
Section 155.2 Construction and remodeling of school district facilities.
(a) All plans, specifications and work regarding the erection, enlargement, repair, replacement, maintenance or remodeling of occupied facilities of school districts and of boards of cooperative educational services shall comply with the Uniform Safety Standards for School Construction and Maintenance Projects as set forth in section 155.5 of this Part. Such uniform safety standards shall include but not be limited to: pre-construction testing and planning, exiting and ventilation, pre-construction notification, asbestos and lead protocols, control of dust, gases and fumes, protection from falling debris, and general safety and security.
(b) Plans and specifications for the erection, enlargement, repair or remodeling of facilities of school districts, other than in city school districts in cities having one million inhabitants or more, and of boards of cooperative educational services, shall be submitted to the commissioner when the contemplated construction costs of such work are $10,000 or more, and for all projects affecting the health and safety of pupils.
(1) Plans and specifications, including addenda and change orders, shall be submitted to the Commissioner for approval in accordance with procedures set forth by the Commissioner. When approved, one set of plans and specifications shall be retained and one set, with approval of the Commissioner endorsed thereon, returned to school authorities for permanent filing.
(i) Plans and specifications shall conform to the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) and to this Part, and shall show in detail requirements of design and construction, space layout, circulation and exiting facilities, smoke and fire control, accident protection, visual and thermal environment and related electrical and mechanical work, and sanitation and related plumbing work which insure the health, safety and comfort of occupants of the facility.
(ii) Materials, equipment, and types of construction which may endanger the health, safety and comfort of occupants shall not be used.
(iii) Construction materials, details and workmanship shall conform to generally accepted standards as determined by the Commissioner.
(iv) Specifications for construction shall allow for equivalencies and shall not require the base bid to be based only on the materials or products specified.
(v) Specifications for construction shall require that contractors or suppliers furnishing mechanical equipment shall instruct the governing body of the school district or board of cooperative educational services or its representative in the proper operation and service of all such equipment at the time of completion and before acceptance of the building by such governing body.
(vi) Should accounting, tabulation or computer equipment be requested as original equipment, the plans and specifications shall conspicuously identify the areas or spaces for the installation of such equipment. Such plans and specifications shall contain a description of the equipment, its estimated costs, the need for and purpose of such equipment, a description of the space required to house the equipment, including the proposed pupil capacity of such space, and a description of the integral relationship between the construction work and the equipment. Such equipment shall not be approved for purposes of building aid computed pursuant to section 3602(6) of the Education Law, when located outside the constructed or reconstructed space or when not shown to have a direct integral relationship to the construction work.
(2) Plans and specifications for portions of facilities which require approval by other departments of the State shall be approved by the appropriate agencies having jurisdiction as a condition of commissioner's and specifications of a facility.
(3) Decisions regarding compliance of plans and specifications with this section shall be determined by the Commissioner.
(4) Plans and specifications submitted to the commissioner shall bear the signature and seal of an architect or engineer licensed to practice in the State of New York. The architect or engineer who sealed the plans and specifications shall also certify that the plans and specifications conform to the standards set forth in the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) and the State Energy Conservation Construction Code (NYCRR Parts 7810 through 7816).
(5) Upon approval of plans and specifications, the commissioner will issue a building permit subject to the following qualifications:
(i) During construction, the project shall be properly supervised by a licensed architect or engineer.
(ii) The building permit may be revoked by the commissioner in the event of violations of the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250), this Part or other safety standards imposed by law or regulation.
(6) Following completion of the project or a substantial portion thereof, the architect or engineer shall certify to the commissioner that the project was completed in conformance to the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) this part, and plans and specifications for the project which were previously approved by the commissioner.
(c) For remodeling or construction projects costing $5,000 or more, the governing body of a school district or a board of cooperative educational services shall assure compliance with the requirements of the State Uniform Fire Prevention and Building Code and of this Part, and shall retain the services of an architect or engineer licensed to practice in New York State.
(d) For remodeling or construction projects costing less then $5,000, the governing body of a school district or a board of cooperative educational services shall assure compliance with the requirements of the State Uniform Fire Prevention and Building Code (9NYCRR 600 through 1250) and of this part.
Section 155.3 Comprehensive public school safety program. To ensure that all school facilities are properly maintained and preserved and provide suitable educational settings, the board of education of each school district and each board of cooperative educational services shall cause all occupied school facilities which are owned, operated or leased by the district or board to comply with the provisions of the Comprehensive Public School Safety Program as set forth in this section and the Uniform Code of Public School Building Inspections, Safety Rating and Monitoring, as prescribed in section 155.4 of this Part. For purposes of this section and sections 155.4 through 155.7 of this Part, the term "board of cooperative educational services" shall be deemed to include a county vocational education and extension board. The Comprehensive Public School Safety Program shall consist of the following components:
(a) Building Condition Surveys. The board of education of each school district and each board of cooperative educational services shall develop building condition surveys for each occupied school building in accordance with subdivision (4) of section 3641 of the education law and the provisions of paragraph (1) of subdivision (b) of section 155.4 of this Part.
(b) Annual visual inspections. The board of education of each school district and each board of cooperative educational services shall conduct annual visual inspections of each occupied school building in accordance with the provisions of paragraph (2) of subdivision (b) of section 155.4 of this Part, provided that the board of education of each school district and each board of cooperative educational services shall implement a safety rating system for all occupied school buildings pursuant to subdivision (c) of section 155.4 of this Part.
(c) Five year capital facilities plan. The board of education of each school district and each board of cooperative educational services shall develop a new five year capital facilities plan pursuant to paragraph (4) of subdivision (a) of section 155.1 of this Part or amend its existing plan to comply with such section, provided that in the case of a city school district in a city having a population of one million inhabitants or more, such plan shall also comply with section 2590-p of the Education Law. Five year capital facilities plans shall be consistent with all district planning requirements including, but not limited to, the regional five year special education space requirements plan required by subdivision (g) of section 200.2 of this Part. Every school district and board of cooperative educational services shall use the safety rating of each occupied building in developing or amending its five year facilities plan. Such plan shall identify critical maintenance needs.
(d) Monitoring system. The board of education of each school district and each board of cooperative educational services shall establish procedures to monitor the safety and condition of all occupied school buildings in accordance with the provisions of subdivision (d) of section 155.4 of this Part.
(e) Waivers. The board of education of a school district or a board of cooperative educational services may apply to the commissioner for a waiver of the requirements of this section, or of any of the provisions of sections 155.4 or 155.5 of this Part, upon a finding that such district had in existence on the effective date of this part, school building safety inspection procedures which are in substantial compliance with such requirements. Such waiver requests shall include:
(1) identification of the regulatory requirement from which a waiver is sought;
(2) A copy of the building inspection procedures alleged to be in substantial compliance to such regulatory requirement, together with proof that such procedures were in effect on the effective date of this part; and
(3) The names and qualifications of the inspectors carrying out such procedures; copies of previous reports under such procedures; and records of actions taken to correct deficiencies identified using such procedures.
Section 155.4 Uniform Code of Public School Building Inspections, Safety Rating and Monitoring.
(a) Short title and application. This section, promulgated pursuant to sections 409-d, 409-e, 3602(6) and (6-e) and 3641(4) of the Education Law, shall be known as the Uniform Code of Public School Building Inspections, Safety Rating and Monitoring (hereinafter referred to as "the Code"), and shall consist of three components: Procedures for Periodic Inspections, a Safety Rating System and a Monitoring System. The provisions of this section shall apply to all occupied public school buildings, provided that nothing herein shall prevent a school district or board of cooperative educational services from adopting stricter local codes. Such local code must meet or surpass all requirements of the Code. Nothing herein shall affect a separate requirement to inspect and maintain school buildings pursuant to any other State or local law or regulation.
(b) Procedures for Periodic Inspections. To insure that all occupied school facilities are properly maintained and preserved and provide a suitable educational setting, the board of education of each school district shall cause such facilities owned, operated or leased by the district to be assessed in accordance with sections 409-d and 409-e of the Education Law and this section, and, where applicable, section 807-a of the Education Law and section 155.8 of this Part. Buildings shall be assessed by a building condition survey conducted once every five years, an annual fire safety inspection conducted pursuant to section 807-a of the Education Law and section 155.8 of this Part or pursuant to local law or codes, and an annual visual inspection conducted in years in which no building condition survey is conducted for the building.
(1) Building Condition Surveys. A building condition survey shall be conducted for all occupied school buildings on or before November 15, 2000 and at least every five years thereafter, provided that a building condition survey for new buildings which receive a certificate of substantial completion dated August 31, 1995 through September 30, 1999 shall not be required until November 15, 2005 and at least every five years thereafter; and provided further that new buildings which receive a certificate of substantial completion dated October 1, 1999 or thereafter shall be subject to a building condition survey every five years, starting with the second building condition survey following issuance of such certificate.
(i) The physical inspections required to complete the survey shall be conducted by a team that includes at least one licensed architect or engineer. The Commissioner of Education shall prescribe the format required to complete the survey.
(ii) The survey shall include, but not be limited to, a list of all program spaces and an inspection of the following building system components for evidence of movement, deterioration, structural failure, probable useful life, need for repair and maintenance and need for replacement:
(a) The building site, including utilities, paving, playgrounds, and play fields;
(b) Roofing;
(c) Exterior elements of the building, including walls, doors, windows, fire escapes;
(d) Building structural elements;
(e) Building interiors, including finishes, doors, and hardware;
(f) Electrical systems, including service and distribution, lighting, communications, technology infrastructure and cabling;
(g) Plumbing, including water distribution system, drainage system, and fixtures;
(h) Heating and cooling systems, including boilers, furnaces, terminal units, and control systems;
(i) Ventilation systems;
(j) Air conditioning systems, including refrigeration, terminal units, and control systems;
(k) Special construction, including stairs, elevators, escalators, and swimming pools;
(l) Fire protection and security systems, including alarm, detection and fire protection;
(m) Environmental features, including appearance, cleanliness, acoustics, lighting quality, thermal comfort, humidity, ventilation and space adequacy.
(iii) Reports of building condition surveys, signed and sealed by the licensed architect or engineer, shall be submitted to the commissioner by January 15, 2001 and January 15 of every fifth year thereafter. Building aid computed pursuant to paragraph (d) of subdivision 6-e of section 3602 of the Education Law is available for building condition surveys conducted by a licensed architect or engineer if no claim for such a building condition survey in such a building has been filed in the previous five years. The apportionment of such building aid for each school building so inspected by a school district in the base year shall not exceed the lesser of the product of the building aid ratio and the actual cost, or the building condition survey aid ceiling computed by the commissioner. For aid payable in the 2000-2001 school year and thereafter, the building condition survey aid ceiling shall be the product of 20 cents plus an additional amount times the gross area of the building. Such additional amount shall be the result obtained when the cost of labor and material index determined by the New York State Department of Labor for the month of July of the current year is divided by the cost index for July 1999 and the result is rounded to two decimal places. A claim for building aid shall be made in a form prescribed by the commissioner, within six months of the date of the architect or engineer report, for aid payable in the following school year. Such reports shall be made available to the public on request.
(2) Annual Visual Inspections. (i) A visual inspection of every occupied public school building shall be conducted annually provided, however, that a building condition survey conducted pursuant to paragraph (1) of this subdivision shall fulfill such requirement for the year in which such survey is conducted, and provided further that the commissioner may require more frequent inspections as deemed necessary to maintain the safety of school buildings and the welfare of their occupants.
(ii) The annual visual inspection shall consist of a visual re-inspection of the components of the building condition survey for changes that may have occurred and a review and update of the safety rating as needed.
(iii) The annual visual inspection shall be conducted by a team composed of a person certified by the Department of State as a code enforcement official, or in the case of the City of New York, a person certified by the New York City Building Department as a local code enforcement official, the district director of facilities or his or her designee, and a member of the health and safety committee required pursuant to subdivision (d) of this section.
(iv) If an annual visual inspection results in a determination that the building may have a deficiency that would result in a determination pursuant to subdivision (c) of this section that the safety rating of the building is unsatisfactory or unsafe/unhealthful, the board of education or board of cooperative educational services shall retain a licensed architect or engineer to perform a detailed inspection and develop a corrective action plan. In addition, the commissioner may require a board of education or board of cooperative educational services to conduct a detailed inspection by a licensed architect or engineer where the commissioner determines that:
(a) the school district or board of cooperative educational services has provided insufficient spending for maintenance, repair or capital renewal of the building; or
(b) The school provides a poor learning environment pursuant to section 100.2(p) of this Title.
(v) The annual visual inspection shall be completed by November 15 of each year not scheduled for a building condition survey.
(vi) The results of the annual visual inspection of all occupied buildings shall be reported to the commissioner on forms prescribed by the commissioner, shall be signed by the person or persons who conducted the inspection and shall be filed with the commissioner by January 15. Such reports shall indicate if more frequent inspections and repairs are necessary to protect the health and safety of students and staff occupying such school buildings. Annual visual inspection reports shall be made available to the public.
(vii) Any person, or any public or other corporation for which any such person acts, shall not be liable for any error, omission or lack of thoroughness in the making of the inspection and report required or permitted by this section.
(c) Safety Rating System. Each school district and board of cooperative educational services shall provide for the safety rating of all occupied school buildings keyed to the structural integrity and overall safety of the building on an annual basis.
(1) The safety rating shall be established by each district or board of cooperative educational services after consultation with the health and safety committee established pursuant to paragraph (1) of subdivision (d) of this section and shall identify and assess the condition of every major system component of each occupied school building based upon overall assessment of the system or element, probable useful life, structural integrity, overall safety, need for repair and maintenance, need for replacement, the estimated cost of necessary repairs and/or replacement, and assessment of the effectiveness of the building comprehensive maintenance plan required by paragraph (1) of subdivision (d) of this section.
(2) The major system components of each occupied school building shall be rated in one of the following categories:
(i) Excellent: Identifies exemplar systems. No remediation required, requires only routine maintenance as identified in the building comprehensive maintenance plan.
(ii) Satisfactory: System is functioning reliably but routine maintenance and repair required.
(iii) Unsatisfactory: System is functioning unreliably or has exceeded its useful life. A corrective action plan is in place and repairs or replacement have been scheduled.
(iv) Unsafe/Unhealthful: System is non-functioning, unreliable or not functioning as designed. System endangers occupant health and/or safety, and/or has deficiencies that have resulted in serious accident or injury.
(v) Indeterminate: Requires additional probing or testing and a summary report will be issued, or drawings or specifications are required.
(3) Building system deficiencies shall be categorized as health and safety, structural, comfort, or aesthetic.
(4) The overall rating of the building shall be determined by a weighted system developed by the Commissioner in consideration of items (2) and (3) above and in accordance with the following categories:
(i) Excellent: Systems rated in overall excellent condition. Preventive maintenance plan in place.
(ii) Good: Systems rated in overall good or better condition.
(iii) Satisfactory: Any system categorized as comfort or aesthetic rated as unsatisfactory. All systems categorized as health and safety or structural rated good or better.
(iv) Unsafe/unhealthful: Any system categorized as health and safety or structural rated unsafe and or unhealthful. This rating shall result in the revocation of the building’s certificate of occupancy.
(d) Monitoring system. Boards of education and boards of cooperative educational services shall establish a process to monitor the condition of occupied public school buildings in order to assure that they are safe and maintained in a state of good repair. Such process shall include the following elements:
(1) Establishment of a health and safety committee comprised of representation from district officials, staff, bargaining units and parents.
(2) Establishment of a comprehensive maintenance plan for all major building systems to ensure the building is maintained in a state of good repair. Such plan shall include provisions for a least toxic approach to integrated pest management and establishing maintenance procedures and guidelines which will contribute to acceptable indoor air quality. The comprehensive maintenance plan shall be available for public inspection.
(3) The annual review and approval by the board of education or board of cooperative educational services of the annual building inspection reports and the five year building condition surveys.
(4) In the case of city school districts in cities having a population of 125,000 inhabitants or more, the annual review and approval by the board of education of district efforts for the care, custody, control and safekeeping of all school property as required by section 2554(4) of the Education Law.
(5) Procedures for assuring that an annual fire safety inspection of each building is conducted in accordance with section 807-a of the Education Law or applicable local laws or codes.
(6) Procedures for assuring that a current and valid certificate of occupancy is maintained for each building and posted in a conspicuous place. The New York City Board of Education shall post current and valid certificates of occupancy for buildings in accordance with the New York City Building Code and other applicable City regulations.
(7) Procedures for investigation and disposition of complaints related to health and safety. Such procedures shall involve the health and safety committee and at a minimum shall conform to the following requirements:
(i) Provide for a written response to all written complaints. Such written response shall describe:
(a) the investigations, inspections or tests made to verify the substance of the complaint, or a statement explaining why further investigations, inspections or tests are not necessary;
(b) the results of any investigations, inspections or tests which address the complaint;
(c) the actions, if any, taken to solve the problem; and
(d) the action, if any, taken if the complaint involved a violation of law or of a contract provision.
(ii) A copy of the response shall be forwarded to the Health and Safety Committee
(iii) Copies of all such correspondence shall be kept in a permanent project file.
(iv) Such records shall be made available to the public upon request.
(8) In the case of the New York City School District, the board of education shall report quarterly to the commissioner on the status of correcting violations issued by the New York City Department of Buildings. Such report shall indicate the progress made towards completing the projects identified in the educational facilities master plan.
(9) Every board of education and board of cooperative educational services shall take actions to immediately remedy serious conditions affecting health and safety in school buildings, and shall report such actions to the commissioner.
(10) All school construction and maintenance activities shall comply with the Uniform Safety Standards for School Construction and Maintenance Projects as set forth in section 155.5 of this Part.
Section 155.5 Uniform Safety Standards for School Construction and Maintenance Projects.
(a) Monitoring of construction and maintenance activities. The occupied portion of any school building shall always comply with the minimum requirements necessary to maintain a certificate of occupancy and shall be monitored during construction or maintenance activities for safety violations by school district personnel. It is the responsibility of the board of education or board of cooperative educational services to assure that these standards are continuously maintained when the building or any portion thereof is occupied.
(b) Investigation and disposition of complaints relating to health and safety received as a result of construction and maintenance activities. Boards of education and boards of cooperative educational services shall follow procedures established under section 155.4(d)(7).
(c) Pre-construction testing and planning for construction projects.
(1) Boards of education and boards of cooperative educational services shall assure that proper planning is made for safety of building occupants during construction. For all construction projects for which bids are issued on or after September 30, 1999, such boards shall assure that safety is addressed in the bid specifications and contract documents before contract documents are advertised for bid. All school areas to be disturbed during renovation or demolition shall be tested for lead and asbestos. Appropriate procedures to protect the health of building occupants shall be included in the final construction documents for bidding.
(2) Boards of education and boards of cooperative educational services shall establish procedures for involvement of the health and safety committee to monitor safety during school construction projects. The health and safety committees in school districts other than in cities with one million inhabitants or more shall be expanded during construction projects to include the project architect, construction manager, and the contractors. Such committee shall meet periodically to review issues and address complaints related to health and safety resulting from the construction project. In the case of a city school district in a city of one million inhabitants or more, the board of education shall submit procedures for protecting health and safety during construction to the Commissioner for approval. Such procedures shall outline methods for compliance with section 155.5 of this Part.
(3) The district emergency management plan shall be updated to reflect any changes necessary to accommodate the construction process, including an updated emergency exit plan indicating temporary exits required due to construction. Provisions shall be made for the emergency evacuation and relocation or release of students and staff in the event of a construction incident.
(4) Fire drills shall be held to familiarize students and staff with temporary exits and revised emergency procedures whenever such temporary exits and revised emergency procedures are required.
(d) Pre-construction notification of construction projects. The board of education or board of cooperative educational services shall establish procedures for notification of parents, staff and the community in advance of a construction project of $10,000 or more to be conducted in a school building while the building is occupied. Such procedures shall provide notice at least two months prior to the date on which construction is scheduled to begin, provided that in the case of emergency construction projects, such notice shall be provided as far in advance of the start of construction as is practicable. Such notice shall include information on the district's obligations under this section to provide a safe school environment during construction projects. Such notice requirement may be met by publication in district newsletters, direct mailings, or holding a public hearing on the project to inform parents, students, school personnel and community members.
(e) General safety and security standards for construction projects.
(1) All construction materials shall be stored in a safe and secure manner.
(2) Fences around construction supplies or debris shall be maintained.
(3) Gates shall always be locked unless a worker is in attendance to prevent unauthorized entry.
(4) During exterior renovation work, overhead protection shall be provided for any sidewalks or areas immediately beneath the work site or such areas shall be fenced off and provided with warning signs to prevent entry.
(5) Workers shall be required to wear photo-identification badges at all times for identification and security purposes while working at occupied sites.
(f) Separation of construction areas from occupied spaces. Construction areas which are under the control of a contractor and therefore not occupied by district staff or students shall be separated from occupied areas. Provisions shall be made to prevent the passage of dust and contaminants into occupied parts of the building. Periodic inspection and repairs of the containment barriers must be made to prevent exposure to dust or contaminants. Gypsum board must be used in exit ways or other areas that require fire rated separation. Heavy duty plastic sheeting may be used only for a vapor, fine dust or air infiltration barrier, and shall not be used to separate occupied spaces from construction areas.
(1) A specific stairwell and/or elevator should be assigned for construction worker use during work hours. In general, workers may not use corridors, stairs or elevators designated for students or school staff.
(2) Large amounts of debris must be removed by using enclosed chutes or a similar sealed system. There shall be no movement of debris through halls of occupied spaces of the building. No material shall be dropped or thrown outside the walls of the building.
(3) All occupied parts of the building affected by renovation activity shall be cleaned at the close of each workday. School buildings occupied during a construction project shall maintain required health, safety and educational capabilities at all times that classes are in session.
(g) Maintaining exiting and ventilation during school construction projects. The following information shall be included in all plans and specifications for school building projects:
(1) A plan detailing how exiting required by the applicable building code will be maintained during construction. The plan shall indicate temporary construction required to isolate construction equipment, materials, people, dust, fumes, odors, and noise during the construction period. Temporary construction details shall meet code-required fire ratings for separation and corridor enclosure. At a minimum, required exits, temporary stairs, ramps, exit signs, and door hardware shall be provided at all times.
(2) A plan detailing how adequate ventilation will be maintained during construction. The plan shall indicate ductwork which must be rerouted, disconnected, or capped in order to prevent contaminants from the construction area from entering the occupied areas of the building. The plan shall also indicate how required ventilation to occupied spaces affected by construction will be maintained during the project.
(h) Fire and hazard prevention. Areas of buildings under construction that are to remain occupied shall maintain a certificate of occupancy. In addition, the following shall be strictly enforced:
(1) No smoking is allowed on public school property, including construction areas.
(2) During construction daily inspections of district occupied areas shall be conducted by school district personnel to assure that construction materials, equipment or debris do not block fire exits or emergency egress windows.
(3) Proper operation of fire extinguishers, fire alarm, and smoke/fire detection systems shall be maintained throughout the project.
(i) Noise abatement during construction and maintenance activities. Construction and maintenance operations shall not produce noise in excess of 60 dba in occupied spaces or shall be scheduled for times when the building or affected building spaces are not occupied or acoustical abatement measures shall be taken. Noise level measurements (dba) shall be taken with a type 2 sound level meter in the occupied space in a location closest to the source of the noise. Complaints regarding excessive noise shall be addressed through the health and safety committee. The district should anticipate those times when construction noise is unacceptable and incorporate "no work" periods into the bid specifications.
(j) Control of chemical fumes, gases, and other contaminants during construction and maintenance projects. The bid specifications and construction contracts for each construction project shall indicate how and where welding, gasoline engine, roofing, paving, painting or other fumes will be exhausted. Care must be taken to assure fresh air intakes do not draw in such fumes.
(1) The bid specifications shall require schedules of work on construction and maintenance projects which include time for "off-gassing" of volatile organic compounds introduced during construction before occupancy is allowed. Specific attention is warranted for activities including glues, paint, furniture, carpeting, wall coverings, and drapery. Manufacturers shall be contacted to obtain information regarding appropriate temperatures and times needed to cure or ventilate the product during use and before safe occupancy of a space can be assured. Building materials or furnishings which "off-gas" chemical fumes, gases, or other contaminants shall be aired out in a well-ventilated heated warehouse before it is brought to the project for installation or the manufacturer's recommended "off-gassing" periods must be scheduled between installation and use of the space. If the work will generate toxic gases that cannot be contained in an isolated area, the work must be done when school classes and programs are not in session. The building must be properly ventilated and the material must be given proper time to cure or "off-gas" before re-occupancy.
(2) Manufacturer's Material Safety Data Sheets (MSDS) shall be maintained at the site for all products used in the project. MSDS must be provided to anyone who requests them. MSDS indicate chemicals used in the product, product toxicity, typical side effects of exposure to the product and safe procedures for use of the product.
(k) Asbestos abatement protocols. All asbestos abatement projects shall comply with all applicable federal and State laws including but not limited to the New York State Department of Labor industrial code rule 56(12 NYCRR 56), and the federal Asbestos Hazard Emergency Response Act(AHERA),40 CFR Part 763 (Code of Federal Regulations, 1998 Edition, Superintendent of Public Documents, U.S. Government Printing Office, Washington, DC 20402; 1998; available at the Office of Facilities Planning, Education Building Annex, Room 1060, State Education Department, Albany, NY 12234). Large and small asbestos projects as defined by 12 NYCRR 56 shall not be performed while the building is occupied. Minor asbestos projects defined by 12 NYCRR 56 as an asbestos project involving the removal, disturbance, repair, encapsulation, enclosure or handling of 10 square feet or less of asbestos or asbestos material, or 25 linear feet or less of asbestos or asbestos material may be performed in unoccupied areas of an occupied building in accordance with the above referenced regulations.
(l) Lead paint. Any construction or maintenance operations which will disturb lead based paint will require abatement of those areas pursuant to protocols detailed in the "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" (June 1995; U.S. Department of Housing and Urban Development, Washington, D.C. 20410; available at the Office of Facilities Planning, Education Building Annex, Room 1060, State Education Department, Albany, NY 12234). All areas scheduled for construction as well as areas of flaking and peeling paint shall be tested for the presence of lead and abated or encapsulated in accordance with the above noted guidelines.
(m) Radon. Districts shall take responsibility to be aware of the geological potential for high levels of radon and to test and mitigate as appropriate. This information is available from the New York State Department of Health Radon Measurement Database.
(n) Post construction inspection. The school district or board of cooperative educational services shall provide the opportunity for a walk-through inspection by the health and safety committee members to confirm that the area is ready to be reopened for use.
Section 155.6 School facility report cards.
(a) Commencing January 1, 2001 and each year thereafter, every school district and board of cooperative educational services shall prepare a school facility report card for each occupied school building. In the case of the New York City School District, the Chancellor of the City School District shall prepare school facility report cards for facilities of community school districts and of the central board.
(b) The school facility report card for each building shall be reviewed annually by the board of education or board of cooperative educational services. The board of education or board of cooperative educational services shall report in a public meeting or, in the case of the New York City School District, in public meetings held in each community school district on the status of each item set forth in subdivision (c) of this section for each facility located in the district in which the public meeting is held.
(c) The school facility report card shall contain the following information in a format prescribed by the Commissioner:
(1) Building age;
(2) Building size;
(3) Enrollment by building;
(4) Rated capacity of the building;
(5) List of program spaces;
(6) Probable useful life of the building;
(7) Five-year building condition survey results;
(8) Annual building visual inspection results;
(9) School building safety rating;
(10) Certificate of Occupancy status and expiration date;
(11) Five-year capital facilities plan status;
(12) Estimated costs to restore the school buildings to a state of good repair;
(13) Estimated costs to keep the building in a state of good repair;
(14) Projected operations and maintenance spending for the current school year;
(15) Need for routine maintenance, repairs, rehabilitation, reconstruction, construction and other improvements;
(16) Estimated energy costs for the current school year;
(17) A description of Health and Safety Committee activities; and
(18) The following environmental information:
(i) Status of the federal Asbestos Hazard Emergency Response Act (AHERA) plan.
(ii) Status of measures taken to assure acceptable indoor air quality;
(iii) Status of any required lead testing;
(iv) Status of any required radon testing;
(v) Status of the district's integrated pest management program;
155.7 Health and safety in existing educational
facilities. (155.3 prior to August 7, 1999)
Facilities in school districts, other than city school
districts in cities having 125,000 inhabitants or more, shall
meet the following requirements and, in particular instances,
such other requirements as may be deemed necessary by the commissioner
to insure the health and safety and accident protection of occupants.
(a) Exits. (1) There shall be at least two means of egress remote from each other, leading from each floor occupied by pupils, including basements.
(i) When pupils enter into a corridor, there shall be a choice of two unobstructed means of egress in different directions.
(ii) Handrails shall be provided on at least one side of stairways, and on both sides of stairways 88 inches or more in width.
(iii) There shall be no storage under any stairs or landings unless the enclosure is of approved fire-resistant construction.
(iv) Provision of fire escapes of approved design may be required where other exits are determined to be inadequate for fire safety.
(2) Dead-end corridor pockets shall not exceed a maximum depth of 1-1/2 times the width of the pocket or 1-1/2 times the width of the corridor, whichever is less, unless otherwise approved by the commissioner.
(3) Corridors and exitways shall be kept clear and free of obstructions at all times.
(4) Fixed and portable security gates shall not be located or used where they will obstruct exits or create dead-end conditions for occupied spaces.
(5) Every space of pupil occupancy over 500 square feet in area shall have two separate means of egress from such space. A space of pupil occupancy is any room or self-contained space housing pupils on a regular basis, other than a place of assembly or small rooms where no more than 10 pupils are under direct, responsible, adult supervision. Each means of egress shall be in a separate smoke zone, unless immediately adjacent to an approved exit. The primary exit is commonly the opening to the corridor. The second means of egress may be a door opening into a separate smoke zone, or a door directly to the exterior, or a window of such size and design that will facilitate egress, or a door providing egress through adjacent spaces where specifically approved.
(i) Any point in a space of pupil occupancy shall not exceed a maximum of 50 feet straight-line distance to an exit, unless otherwise approved by the commissioner. Any additional exit necessary to satisfy this requirement shall be remote and may be required to be directly to the exterior.
(ii) When spaces of pupil occupancy are defined in an open area by wardrobes, cabinetry and other furniture which does not present obstructions to egress and which allows students to circulate freely from one space to another, the total open space is considered, for exiting purposes, as a single space. Exits from such open-planned space shall meet requirements determined by the commissioner.
(6) Required emergency egress windows shall be of a size and design, including hardware and, in appropriate instances, steps or ladder to high sills, that will permit and facilitate emergency egress. Such windows shall be free of obstructing screens or storm sash.
(i) The minimum clear opening area for such windows shall be six square feet, with a minimum dimension of 24 inches, unless otherwise approved by the commissioner.
(ii) At least one such window in each space of pupil occupancy shall be marked with an appropriate sign identifying it as an emergency egress window.
(7) Places of assembly. A place of assembly is any area used for the assembly of 100 or more persons, and spaces over 1800 square feet in area used for the assembling of persons. A place of assembly shall have at least two exits remote from each other.
(i) Maximum occupancy for places of assembly shall be based on the number and size of existing approved exits on the basis of 50 persons for each one-half exit unit of 11 inches. Where existing exits are inadequate for the occupancy capacity of a place of assembly, or when directed by the commissioner, signs restricting the number of occupants shall be conspicuously posted at each exit location. Signs shall read in red letters on white background:
(8) Courtyards with completely enclosed perimeters are areas of possible pupil occupancy and must be provided with exits as a space of pupil occupancy and as follows, unless otherwise approved by the commissioner:
(i) Enclosed courts up to a 700-square foot area shall have at least one exit equipped with hardware of a type which will always permit the door to be opened from the court side without the use of a key.
(ii) Enclosed courts of more than a 700-square foot area shall have at least two exits, remote from each other, equipped with hardware of a type which will always permit the door to be opened from the court side without the use of a key.
(9) Hardware. (i) All door hardware from spaces of pupil occupancy shall be of a type that will always permit the door to be opened from within the space without the use of a key.
(ii) All exterior and interior doors in exitways, and exit doors from places of assembly shall have panic hardware, except that panic hardware is not required for push/pull interior exit doors if these doors have nonlatching hardware. Panic hardware shall not be required for exterior corridor doors serving less than three classrooms or for doors serving only service areas such as boiler room, kitchen or storerooms.
(iii) Exit doors shall not be locked or chained or otherwise rendered inoperable from the inside at any time.
(b) Smoke and fire control. As used in this subdivision, the terms Class "A" "B" or "C" refer to types of construction which are defined by subdivision 11 of section 11 of the Local Finance Law.
(1) In Class "B" and Class "C" buildings of two stories or more, unless otherwise approved, stairs shall be enclosed at each floor level and every floor shall be separated from levels above and below by stair enclosures and/or smoke barriers constructed to obstruct effectively the passage of smoke and fumes, or every space of pupil occupancy shall be provided with direct exit to the exterior. In appropriate instances, alternate means of egress may be required and stairway enclosures in Class "A" construction may be required.
(2) Class "B" and Class "C" buildings shall not have places of assembly above the first floor, except in a Class "B" building a written exception may be granted where it is determined by the commissioner that adequate exits exist.
(3) In appropriate instances, doors, walls and ceilings of places of assembly and exitways (corridors, stairs, vestibules, etc.) may be required to be finished with fire retardant materials or coatings.
(4) Stairway enclosures required by paragraph (1) of this subdivision and smoke barriers required by paragraph (5) of subdivision (a) of this section shall be constructed of noncombustible materials of such design and detail to obstruct effectively the passage of smoke and fumes.
(i) Doors in stair enclosures and smoke barriers shall be metal, metal covered, approved treated wood construction, or solid bonded core wood doors not less than 1-3/4 inches thick.
(ii) Glazing in doors, sidelights and frames shall be one-quarter inch wire glass.
(iii) Such doors shall swing in the direction of egress, with no latching or locking devices unless operated by panic hardware. Double-acting hinged doors are not permitted and corridor pockets opposing swing of doors shall conform to the provisions of paragraph (2) of subdivision (a) of this section.
(iv) Such doors shall be self-closing and maintained in a normally closed position unless approved automatic release devices are provided, whereby upon interruption of an electrical circuit, the door is released and becomes self-closing. The electrical circuit shall be positively interrupted by operation of an approved smoke detection system and/or activation of the building fire alarm system. Fusible links shall not be used to hold open such doors.
(5) Wood floors shall not be treated or finished with oil. Floors so finished previously shall be cleaned and refinished with a penetrating seal.
(6) Fire extinguishers shall be located so that no point in a corridor, lobby or stair is more than 120 feet from an extinguisher. Fire extinguishers shall also be placed readily accessible to auditorium stages, shops, cafeterias and kitchens, boiler rooms, science labs and accessible from other places which are possible sources of fire. Fire extinguishers shall bear the Underwriter's label and be of a type most suitable for the kind of fire most likely to occur in a given area.
(7) Fire-resistive (hourly rated) floors, interior walls and doors, and ceilings shall be provided at the following spaces unless otherwise approved by the commissioner. Those spaces having a roof over the entire space may have roof construction and ceilings of nonrated fire-resistive materials.
(i) Two-hour fire-rated construction with 1-1/2 hour fire-rated, self-closing fire doors are required at:
(a) boiler, heater or furnace rooms;
(b) refrigeration, electrical and equipment rooms;
(c) incinerator rooms;
(d) storerooms for fuel, flammable liquids and gas powered equipment; and
(e) transformer vaults.
(ii) Required fire doors shall be maintained in a normally closed position and not held open by fusible links.
(iii) Combustible attic space shall not be used for storage.
(c) Accident protection. (1) Glazing of panels and doors shall be with safety glazing materials as follows, unless glazed areas are protected by approved grilles or rails:
(i) interior exit doors, exterior exit doors and immediately adjacent sidelights, except where glazing is 48 inches or more above the floor;
(ii) all glazed panels where glazing is within 18 inches of the floor, or platform level of music-room type risers;
(iii) gymnasiums and playrooms and elsewhere where subject to physical abuse;
(iv) acceptable safety glazing materials shall be at least one-quarter inch thick wire glass, one-quarter inch tempered (heat treated) glass one-quarter inch laminated safety glass, or approved plastic materials.
(2) Glazed doors and sidelights within six feet of such doors shall be marked by appropriate means in accord with the provisions of Part 47 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York, except marking on door and/or sidelight is not required:
(i) where less than 80 percent of the area of the door or sidelight above a reference line 18 inches above the floor is glazed;
(ii) where width of sidelight is not more than 20 inches, with 1 3/4 inch minimum opaque stiles;
(iii) where floor treatment a distance of three feet out from a side-light will deter approach;
(iv) where sidelights are supported on 18-inch minimum height opaque sill and wall construction;
(v) where sidelights are protected by approved 18-inch minimum height permanent barriers such as benches, planters or guardrails, extending across at least two thirds of the sidelight.
(3) Window cleaning. Safety provisions shall be made for persons engaged in window cleaning. Windows shall be cleaned from approved safe surfaces, windowsills or ledges, boatswain's chairs or scaffolds, all as defined in Part 21 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
(i) A safe surface is a place where the cleaner is working not over six feet off the floor or grade and not over three feet above a stair run. Ladders may be used generally when the top of the window is not over 35 feet above grade or floor. Windowsills and ledges may be used when the window openings are provided with approved anchors for use with safety belts. Approved boatswain's chairs and scaffolds also may be used.
(d) Mechanical. Mechanical equipment, heat-producing and cooling equipment, auxiliary apparatus and controls, and installation and use of same, shall be such as will insure safe operation in accord with applicable recognized standards, as determined by the commissioner, and be consistent with efficient energy consumption.
(1) Gas and oil fuel-burning equipment having a capacity of over400,000 BTU per hour shall be provided with electronic flame safeguard controls which, upon flame failure, shall normally respond in two to four seconds to cut off fuel supply through the burner and main fuel valve.
(2) All primary controls for fuel-burning equipment shall operate on a 120-volt, single-phase grounded circuit. Such controls generally include the hold-in coil of the motor starter, the solenoid coil for the pilot valve, the solenoid coil for the main fuel valve or the actuator for the motorized fuel valve, the ignition transformer and the modulator transformer.
(3) Direct-fired fuel-burning heating units shall not be used in any space of pupil occupancy.
(4) Unused duct work shall be sealed off at each floor level with fire-resistive materials.
(5) Ventilation with fresh air shall be available in all occupied spaces.
(e) Water and sanitation. (1) An adequate supply of safe, potable water for drinking shall be dispensed from approved sanitary drinking fountains.
(2) Toilet rooms for boys and girls, with flush toilets and wash sinks which are connected to an adequate water supply under pressure, and connected to an approved individual or public sewage disposal system, shall be provided.
(3) No source of water supply, nor sewage disposal system, shall be used which has not been approved by the appropriate agency of the State Department of Health or Department of Environmental Conservation.
(f) Gas. (1) Gas entering a school building shall be low-pressure gas.
(2) Gas transmission and distribution piping shall meet the requirements of the Public Service Commission.
(g) Electrical. Electrical equipment and auxiliary apparatus and controls, and installation and use of same, shall be such as will insure safe operation in accord with applicable recognized standards, as determined by the commissioner, and be consistent with efficient energy consumption.
(1) Suitable and sufficient artificial light shall be provided for the visual tasks being performed.
(2) Exit lights. School buildings shall be provided with exit lights to identify building exits, stairs, corridors, and exits from places of assembly, and to designate the path of travel to the exterior, except school buildings having six or less classroom areas may have exit signs in place of exit lights.
(i) The word "EXIT" shall be in letters not less than 4-1/2 inches high and strokes not less than 3/4 inches wide.
(ii) Exit lights shall be circuited and wired to minimize the possibility of interruption.
(3) Emergency lighting. Automatic emergency lighting systems shall be provided for places of assembly exceeding an area of 1800 square feet, and for all exitways leading from such areas. Such areas include all purpose rooms, auditoriums cafeterias, group-instruction rooms, playrooms and gymnasiums, swimming pools and other combination places of assembly.
(4) Fire alarm. (i) School buildings of seven or more classroom areas shall be equipped with a manually operated electric fire-alarm system, which may include automatic smoke and/or fire detection, which will continue to sound the alarm until the tripped station has been restored to normal operation or, in an existing system, has completed a cycle of not less than 30 seconds.
(ii) School buildings of one to six classroom areas shall be equipped with either a manual, hand or electric, fire alarm which is capable of being sounded for such a period of time as will insure evacuation of the building, or an electric fire-alarm system as described in subparagraph (i) of this paragraph.
(iii) School buildings within fire districts having an electrically operated, street-located general municipal fire-alarm box system shall have, wherever practical, the school building fire-alarm system interconnected to the municipal system, so that sounding of the school building fire-alarm system automatically gives the alarm to the fire department affording protection to the school building. Wherever practical, a fire-alarm box compatible with the municipal system, which will sound the alarm of the school building system, shall be accessibly located on the site or on the school building.
(5) Telephone. A telephone which can be used in the case of emergency shall be provided in all buildings having pupil occupancy.
(h) Additions and alterations. In the case of additions to or alterations of an existing facility, the requirements of this section must be continuously maintained during the construction period, or provisions made to provide equivalent safety to the school-district-occupied portions of the facility.
(i) Facilities shall be operated and maintained to provide effectively for the accident protection and life safety of occupants, to reduce exposure to property loss by fire, and to assure efficient use of natural resources.
(j) When, based on these regulations, it is the judgment of the commissioner that the general conditions of a school building, or any part thereof, indicate that it would be detrimental to the health and safety of occupants, the commissioner may designate an area or areas of the building as unusable for pupil occupancy or may limit the number of occupants thereof.
(a) All buildings which are owned, operated or leased by a public school district or board of cooperative educational services shall be inspected for fire safety at least once annually, pursuant to a schedule determined by the commissioner, or at any other time deemed necessary by the commissioner. Any cost of such inspection shall be borne by the school district or board of cooperative educational services.
(b) All inspections shall be performed, within a period of time determined by the commissioner, by an inspector who is qualified pursuant to procedures established by the State Fire Administrator. The report of the inspection shall be on a form supplied by the commissioner.
(c) Any violation of the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) or of this Part shall be corrected immediately unless it is impracticable to do so. Violations which are not corrected immediately shall be corrected within a period of time approved by the commissioner.
(d) Where a board of education or board of cooperative educational services is required to convene meetings pursuant to section 807-a(5)(e) of the Education Law, the board shall:
(1) review each nonconformance with the requirements of section 155.3 of this Part or of 9 NYCRR Parts 1150 through 1197 recorded on the report during the fire inspection;
(2) identify all such nonconformances which have not been corrected by the date of the meeting; and
(3) adopt a plan, in a form prescribed by the commissioner, for correcting all such nonconformances.
(e) No building which is owned, operated or leased by a board of education or a board of cooperative educational services shall be occupied or otherwise used unless the building has a valid certificate of occupancy issued by the commissioner.
(1) A certificate of occupancy will be issued by the commissioner following the annual inspection, if the inspection indicates the building is suitable for occupancy and free of violations of the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) and of this Part.
(2) The commissioner may issue a temporary certificate of occupancy at any time if the building is suitable for occupancy and if the board of education or board of cooperative educational services has adopted a plan, subsequently approved by the commissioner, for correcting all violations, pursuant to subdivision (c) of this section.
(3) A certificate of occupancy, a temporary certificate or a building permit may be denied or revoked for any one of the following reasons:
(i) failure to comply with any provision of this Part;
(ii) failure to comply with any provisions of the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250);
(iii) failure to comply with the provisions of section 807-a of the Education Law;
(iv) failure to file an annual or other fire safety inspection report in a timely manner;
(v) failure to correct and/or plan for correction of any nonconformance with the requirements of section 155.3 of this Part, or of 9 NYCRR Parts 1150 through 1197, which appears on the fire safety inspection report in a timely manner;
(vi) existence of any nonconformance with the requirements of section 155.3 of this Part, or of 9 NYCRR Parts 1150 through 1197, which appears on the fire safety report and which indicates that a building is not suitable for occupancy or intended use;
(vii) repeated violations of the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) or this Part; or
(viii) violation of other health or safety standards, imposed by law or regulation, which indicate that a building is not suitable for occupancy or intended use.
155.9 Environmental quality review. (155.5
prior to August 7, 1999) School districts shall
follow the procedures in 6 NYCRR Part 617 in connection with any
action proposed by such districts which may have significant effect
on the environment and which requires approval of the commissioner
pursuant to Education Law, sections 408 and 1950. The State Education
Department shall be lead agency for all such actions. As used
in this section, school district shall mean any school district,
other than school districts in cities having one million inhabitants
or more, and any board of cooperative educational services.
(a) Any existing school building or school buildings shall be appraised as school buildings, and
the land on which they are situated shall be appraised as school sites by the State Board of Equalization and Assessment.
(b) The value of any existing building not used for school purposes shall be determined by referring to the assessment roll or rolls on which the property is located or by an appraisal caused to be made by the board of education.
(c) An estimate shall be made of the cost of any necessary renovation due to the age and condition of the building by an engineer or architect licensed to practice in the State of New York and retained by the school district contemplating the purchase of an existing building.
(d) The combined costs of acquisition and renovation due to the age and condition of the building shall not exceed the cost, estimated by an engineer or architect licensed to practice in the State of New York, to construct a new building having comparable features on a comparable site. Any apportionment for the above acquisition and renovation shall be based on the maximum cost allowance determined in accordance with the provisions of subdivision 6 of section 3602 of the Education Law.
(e) Any proposed renovation of such existing structure shall
be undertaken only with the prior approval of the Commissioner
of Education and shall comply with applicable provisions of sections
155.1 and 155.7 (3) of this Part.
(a) Definitions. As used in this section:
(1) Annual lease means a lease of real property, the term of which is no greater than one school year, which terminates no later than June 30th.
(2) Multi-year lease means a lease of real property, the term of which is greater than one school year, which terminates no later than June 30th of any school year.
(b) Approval of leases outside of New York City. To obtain prior approval of a lease pursuant to sections 403-b(l)(c), 2503(8) and/or 2554(6) of the Education Law, the board of education of a union free, central, central high school or city school district other than the city school district of the city of New York shall submit the following to the Commissioner:
(1) the proposed lease, which shall be an annual lease, multi-year lease or an amendment or extension thereof, shall include the following information:
(i) the complete legal names and addresses of all parties and the address of the leased property,
(ii) the lease term, and
(iii) the amount, frequency and due dates for lease payments, including the total of payments for the duration of the lease term;
(2) to show need, a copy of the district's updated long-range facilities plan required pursuant to section 155.1 of this Part which includes the proposed leased space as well as all other planned acquisitions, disposals and leasing of buildings for school purposes during the period of the plan; and
(3) to show that the proposed leased facility meets all applicable standards for the health, safety and comfort of the occupants, is educationally adequate and where the facility is located on its site:
(i) a request for approval of use on the form prescribed by the Commissioner,
(ii) concerning State Uniform Fire Prevention and Building Code conformance (9 NYCRR Parts 600-1250)
(a) a copy of the current certificate of occupancy issued by the local code enforcement agency; or
(b) certification by a licensed architect/engineer that the whole building, as well as the space being used, complies with applicable provisions of Chapter C of the Uniform Fire Prevention and Building Code (9 NYCRR Parts 600-1250).
(iii) the fire safety report required by section 155.4 of this Part:
(a) with no nonconformances; or
(b) in the case of nonconformances, certification that correction of the nonconformances are part of a capital project submitted with the lease approval request;
(iv) a site plan; and
(v) floor plan(s); and
(4) to indicate the location of the leased facility, certification by the superintendent of schools that:
(i) the leased school/facility is located within the district but not on district-owned property, or
(ii) the leased school/facility is owned by and is located in a neighboring union free or central school district. The distance between the two districts in miles shall be provided by the superintendent.
(5) certification by an attorney representing the board of education that:
(i) the board has taken proper procedural steps to authorize the lease;
(ii) the initial term of the lease, not including any renewals thereof, does not exceed the period of probable usefulness that would be prescribed for such building or facilities by the Local Finance Law if the building or facility were owned by a school district;
(iii) voter approval has been obtained where required by law:
(a) for a lease longer than five years;
(b) in the case of renewals; and
(c) for any capital project to be undertaken in a leased building or facility;
(iv) the lease does not include an option to buy;
(v) the lease includes a provision that the lease shall be void and unenforceable if entered into in violation of section 801 of the General Municipal Law or section 410 of the Education Law; and
(vi) the lease payments or other annual payment under the lease does not include the costs of heat, electricity, water or other utilities or the costs of operation or maintenance of the leased facility.
(6) for a district seeking aid for lease expense pursuant to subdivision 6 of section 3602 of the Education Law, a certification by the superintendent of schools that:
(i) the leased school or facility meets requirements for access by individuals with disabilities to both facilities and programs by complying with section 200.2 of this Part; and
(ii) the leased space will be used to house programs for pupils in grades preK-12, who are enrolled in any prekindergarten or nursery school program offered by the school district pursuant to sections 1712, 2514 or 2555 of the Education Law or who are over five and under twenty-one years of age and who have not received a high school diploma, with minimal associated administrative and support service space.
(c) Approval of capital projects outside of New York City. To obtain prior approval of a capital project in a leased building or leased facility during the term of the lease, pursuant to sections 403-b(l)(b), 2503(8) and/or 2554(6) of the Education Law, a board of education of a union free, central, central high school, or city school district other than the city school district of the City of New York shall submit the following to the Commissioner:
(1) an explanation of the need for the capital project in light of the district's long-range facilities plan, submitted pursuant to paragraph (2) of subdivision (b) of this section and updated to reflect the need for the proposed capital project; and
(2) certification:
(i) that the lease is for a term of at least ten years subsequent to the general contract for such construction, reconstruction, rehabilitation or improvement, and
(ii) that where required by law, approval of the voters of the school district which will become the lessee has been obtained.
(3) for capital projects proposed in a school building leased from another school district, plans and specifications in accordance with section 155.2 of this Part;
(4) for capital projects proposed in a school building leased from a person, partnership or corporation other than another school district, submit for review for educational adequacy and conformance with the requirements of this Part, plans and specifications proposed to be submitted to the local building authority for a building permit.
(d) Approval of leases in the City of New York. To obtain prior approval of a lease pursuant to section 2554(6) of the Education Law, the board of education of the city school district of the City of New York shall submit the following to the Commissioner:
(1) the proposed lease, which shall be an annual lease, multi-year lease or an amendment or extension thereof, and shall include the following information:
(i) the complete legal names and addresses of all parties and the address of the leased property,
(ii) the lease term, and
(iii) the amount, frequency and due dates for lease payments, including the total of payments for the duration of the lease term;
(2) to show need, a copy of the district's current five year facilities plan, or other long-range facilities plan as applicable, that is consistent with section 155.1 of this Part, and includes the proposed lease as well as all other planned acquisitions, disposals and leasing of buildings or school purposes during the period of the plan;
(3) to show that the proposed leased facility meets all applicable standards for the health, safety and comfort of the occupants, is educationally adequate and where the facility is located on its site, submit:
(i) a request for approval of use on the form prescribed by the Commissioner;
(ii) a copy of current certificate of occupancy issued by the local code enforcement agency;
(iii) a site plan; and
(iv) floor plan(s).
(4) certification by an attorney representing the board of education that:
(i) the board has taken proper procedural steps to authorize the lease;
(ii) the initial term of the lease, not including any renewals thereof, does not exceed the period of probable usefulness that would be prescribed for such building or facilities by the Local Finance Law if the building or facility were owned by a school district;
(iii) voter approval has been obtained where required by law:
(a) for a lease longer than five years;
(b) in the case of renewals; and
(c) for any capital project to be undertaken in a leased building or facility;
(iv) the lease does not include an option to buy;
(v) the lease includes a provision that the lease shall be void and unenforceable if entered into in violation of section 801 of the General Municipal Law or section 410 of the Education Law; and
(vi) the lease payments or other annual payment under the lease do not include the costs of heat, electricity, water or other utilities or the costs of operation or maintenance of the leased facility.
(5) for the district seeking aid for lease expense pursuant to subdivision 6 of section 3602 of the education Law, a certification by the superintendent of schools that:
(i) the leased school or facility meets requirements for access by individuals with disabilities to both facilities and programs by complying with section 200.2 of this Part; and
(ii) leased space will be used to house programs for pupils in grades preK-12, who are enrolled in any prekindergarten or nursery school program offered by the school district pursuant to sections 1712, 2514 or 2555 of the Education Law who are over five and under twenty-one years of age and who have not received a high school diploma, with minimal associated administrative and support service space.
(e) Approval of capital projects in New York City. To obtain prior approval of a capital project in a leased building or facility during the term of the lease pursuant to sections 403-b(1)(b) and 2554(6) of the Education Law, the board of education of the City of New York shall submit the following to the commissioner:
(1) an explanation of the need for the capital project in light of the district's long-range facilities plan, submitted pursuant to paragraph (2) of subdivision (d) of this section and updated to reflect the need for the proposed capital project.
(2) provide certification:
(i) that the lease is for a term of at least ten years subsequent to the general contract for such construction, reconstruction, rehabilitation or improvement.
(3) for capital projects proposed in a school building leased from another school district, submit plans and specifications in accordance with section 155.2 of this Part; or
(4) for capital projects proposed in a school building leased from a person, partnership or corporation other than another school district, submit for review for educational adequacy and conformance with the requirements of this Part, plans and specifications proposed to be submitted to the local building authority for a building permit.
(f) following the completion of a capital project, submitted to the Commissioner pursuant to subdivision (c) or (e) of this section, a new certificate of occupancy issued by the local building authority shall be submitted together with school district certification that the work was done in accordance with submitted plans and specifications. Where the work deviates from the submitted plans and specifications, as-built drawings shall be submitted for review.
(g) Apportionment of building aid under subdivision 6 of section 3602 of the Education Law for leases approved by the Commissioner pursuant to section 403-b, subdivision 8 of section 2503, or subdivision 6 of section 2554 of the Education Law shall be apportioned pursuant to provisions of this subdivision.
(1) Any apportionment for an approved lease with a term of 15 years or more shall be based on the maximum cost allowance determined in accordance with the provisions of subdivision 6 of section 3602 of the Education Law. Such apportionment shall be paid on each annual lease payment until the total of such annual lease payments equals the maximum cost allowance. No apportionment shall be paid for annual lease payments made after the sum of such annual lease payments exceeds the maximum cost allowance.
(2) Any apportionment for an approved lease with a term of less than 15 years shall be based on the product of the maximum cost allowance determined in accordance with the provisions of subdivision 6 of section 3602 of the Education Law and the quotient of the number of years in the term of the lease divided by 15. Such apportionment shall be paid on each annual lease payment until the total of such annual lease payments equals such product. No apportionment shall be paid for annual lease payments after the sum of such annual payments exceeds such product.
(3) The lease payment schedule shall be structured so that no annual payment is less than 50 percent of any prior annual payment.
155.15 Leases and contracts for the use of property by boards
of cooperative educational services. (Additional statutory
authority: Education Law, S 1950) (155.11 prior
to August 7, 1999)
(a) Definitions. As used in this section:
(1) Property means land, classrooms, offices, buildings and other specialized facilities.
(2) Original lease means the initial agreement between the board and a landlord for the use of real property.
(3) Annual lease means a lease of real property, the term of which is no greater than one school year, which terminates no later than June 30th.
(4) Specialized facilities means those facilities defined in section 1950(4)(p)(a)(4) of the Education Law.
(5) Contract means an agreement entered into by the board for the use of personal property constructed, altered or improved for the educational program of administrative purposes of the board.
(b) With the prior approval of the commissioner, a board of cooperative educational services may enter into either:
(1) annual or multi-year leases and amendments or extensions thereto; or
(2) contracts for the use of personal property and amendments or extensions thereto.
(c) Leases. In order to obtain the approval of the commissioner, any original lease shall meet the following conditions:
(1) Any property leased for the educational program purposes of the board shall be in compliance with the requirements of section 155.8 (4) of this Part.
(2) Any alterations or improvements made under a lease shall satisfy the provisions of section 155.2 of this Part.
(3) The lease shall contain the following information:
(i) the complete legal names and addresses of all parties and of the leased property;
(ii) the lease term;
(iii) the amount, frequency and due dates for lease payments;
(iv) the charge basis, whether for all or part of the property and whether per room, per square foot or other basis;
(v) a description of the property and its intended use;
(vi) a list of any services to be furnished by the landlord, including an agreement as to which party will pay utility costs and assessments; and
(vii) signatures-all leases shall be submitted in executed form, properly dated and signed by agents authorized to act for the landlord, the board and any other party.
(4) Any appendices, exhibits, attachments or other supporting documents shall be attached to the lease when submitted for approval. The board shall submit such information as is necessary to enable the commissioner to determine that the lease is in the best educational and financial interests of the board.
(5) Under any multi-year lease, the board shall furnish estimates as to its annual cost of operating the leased property.
(6) Provided that appropriate documentation accompanies the submission of the lease for commissioner's approval, all of the following may be permitted in multi-year leases of property:
(i) escalation clauses;
(ii) renewal options;
(iii) purchase options;
(iv) assignment of rent to third parties;
(v) subleasing to others; and
(vi) using a leased site as the location for relocatable facilities.
(7) The certification of an attorney-at-law shall be required on all multi-year leases, all amendments or extensions thereto, and all annual leases except those with boards of education for portions of buildings to be used for classroom or administrative purposes. Such certification shall accompany the lease when submitted for approval and shall state that the lease and all relevant documents have been examined by the attorney and that:
(i) the attorney is attorney for the board or has been hired as attorney for the purpose of reviewing the lease and any related legal documents and for preparing the certification;
(ii) the board has taken proper procedural steps to authorize the lease and any changes thereto;
(iii) a determination has been made as to whether the lease is subordinate to any existing or future mortgages or the subject of any pending litigation;
(iv) all of the provisions of the lease required or authorized by this section have been examined and conform with education Law and Regulations of the Commissioner of Education; and
(v) the lease is valid and legally binding under general principles of the Real Property Law.
(d) Contracts. In order to obtain the approval of the commissioner, any contract shall meet the following conditions:
(1) Any alterations or improvements involving construction work under the contract shall satisfy the provisions of section 155.2 of this Part.
(2) Whenever a board of cooperative educational services contracts to use personal property for the educational program purposes of the board, such property shall be in compliance with the requirements of section 155.8 (4) of this Part.
(3) No contract shall be approved which contains any provision that personal property, such as a relocatable structure, constructed or situated on land owned or leased by the board shall revert to the board if abandoned and not removed within a specified time after the termination of the contract.
(4) The contract shall contain the following information:
(i) the complete legal names and addresses of all parties and of the personal property;
(ii) the term of the contract;
(iii) the amount, frequency and due dates of contract payments;
(iv) the charge basis, whether for all or part of the property and whether per room, per square foot or other basis;
(v) a description of the property and its intended use;
(vi) a list of any services to be furnished by the owner of the personal property, including an agreement as to which party will pay utility costs and assessments; and
(vii) signatures-all contracts shall be submitted in executed form, properly dated and signed by agents authorized to act for the contractor, the board and any other party.
(5) Provided appropriate documentation accompanies the submission of the contract for the commissioner's approval, all of the following may be permitted in multi-year contracts:
(i) escalation clauses;
(ii) renewal options;
(iii) purchase options; and
(iv) assignment of use payments to third parties.
(6) Such contracts when submitted for commissioner's approval shall be accompanied by the certification of any attorney-at-law that:
(i) the attorney is attorney for the board or has been hired as attorney for the purpose of reviewing the contract, any related legal documents, and for preparing certification;
(ii) the board has taken proper procedural steps to authorize the contract;
(iii) if construction is to be done on leased property, the board's lease permits same;
(iv) the terms of the construction contract are consistent with those of any pre-existing lease, amendment or extension thereto covering said property; and
(v) in the opinion of the attorney, the contract is valid and legally binding.
(e) Submission of leases and contracts. (1) All annual leases with boards of education for portions of buildings to be used for classroom or administrative purposes shall be submitted for approval no less than 30 days in advance of the effective date of the lease.
(2) Annual leases requiring certification of an attorney, all multiyear leases and any amendments or extensions thereto, and all contracts shall be submitted for approval no less than 60 days in advance of the effective date of the lease or contract.
(f) In the approval process, the commissioner may require additional
supporting detail. Approval may be granted for a variance from
any of the specific requirements of this section upon a finding
by the commissioner that the requirements of this section have
been substantially met.
(a) Purpose. Each school district, board of cooperative educational services (BOCES), and nonpublic school as defined in this section, may submit a claim for aid for approved expenses for asbestos inspections incurred on or after January 1, 1988 and prior to July 1, 1989, pursuant to the provisions of sections 15 and 16 of chapter 262 of the Laws of 1988.
(b) Definitions. For the purpose of this section:
(1) Nonpublic school shall mean a nonprofit, nonpublic elementary or secondary school which, by September 1, 1989, has submitted the claim form required pursuant to this section, and which establishes to the satisfaction of the commissioner that it provides instruction to pupils in accordance with Education Law, section 3204.
(2) Approved expenditures for asbestos inspections shall mean cash expenditures approved by the commissioner for asbestos inspections and expenses related to such expenses as defined in subdivision 1 of each of sections 15 and 16 of chapter 262 of the Laws of 1988.
(3) Instructional space shall mean space in which teachers or other professional staff meet with students for purposes of providing instruction or professional services, including service-related spaces such as, but not limited to boiler rooms, hallways, means of egress, toilets, cafeterias, as approved by the commissioner; provided that such term shall not include vacant facilities, dormitories, dwellings, public libraries and other facilities for which the primary use is administrative, storage, maintenance, bus and motor vehicle storage and/or maintenance or repair.
(c) Approval of expenditures for asbestos inspections. Costs eligible for approval shall include the costs of the asbestos inspection activities described in paragraph b of subdivision 1 of each of sections 15 and 16 of chapter 262 of the Laws of 1988, provided that such activities have been completed by individuals and/or entities approved to perform such activities or services through programs approved by the Federal Environmental Protection Agency, and in the case of laboratories, also approved by the New York State Department of Health, and further provided that:
(1) such inspection activities are conducted in facilities which are owned by a school district or board of cooperative educational services; or
(2) when conducted in facilities leased by a school district or board of cooperative educational services, such inspection activities are conducted in those portions of such facilities which are used for BOCES or school district purposes as instructional space; or
(3) when conducted in facilities owned or leased by a nonpublic school, such inspection activities are conducted in those portions of such facilities which are used as instructional space.
(d) Each school district, BOCES and nonpublic school which seeks an apportionment pursuant to section 15 or 16 of chapter 262 of the Laws of 1988 shall submit a claim in a form prescribed by the commissioner no later than September 1, 1989. The commissioner shall pay aid pursuant to this section after timely receipt of properly executed claim forms, provided that no aid shall be payable prior to October 1, 1989.
155.20 Energy Performance contracts. (155.16
prior to August 7, 1999)
(a) The following procedures consistent with Energy Law section 9-103(8), and Education Law sections 305(27), and 3602(6) (i) (5) (i) (B) and (C) shall apply to energy performance contracts entered into by a school district or a board of cooperative educational services (BOCES) on or after July 1, 1998, provided that this section shall not apply to energy performance contracts for which a request for proposals was entered into prior to July 1, 1998.
(b) Definitions: For the purposes of this section:
(1) Energy Performance Contract shall mean an agreement for the provision of energy services, including but not limited to electricity, heating, ventilation, cooling, steam or hot water, in which a person agrees to install, maintain or manage energy systems or equipment to improve the energy efficiency of, or produce energy in connection with, a building or facility in exchange for a portion of the energy savings or revenues.
(2) Simple payback period shall mean a measure of the length of time required for the cumulative cost savings, net of cumulative future costs, from an investment in an energy conservation project to pay back the investment cost, without taking into account the time value of money, or the Differential Energy Price Escalation Rate, or the State building aid payable for the project.
(3) Energy Savings shall mean the positive difference between the energy and associated cost before the retrofit and its estimated cost after the retrofit of a proposed alternative building system, taking into account all types of energy affected.
(4) Cost savings shall mean the positive difference between the operation and maintenance cost before the retrofit and its established operation and maintenance cost after the retrofit.
(5) Co-generation shall mean the simultaneous production of electricity and thermal energy. Typical systems utilize natural gas engines to turn electric generators thereby producing electricity, which reduces utility costs. Waste heat captured from the natural gas combustion process can be used to produce domestic hot water, provide space heat in winter or air conditioning in summer when used in conjunction with absorption chillers.
(c) The appropriate type of projects that qualify to be completed under an energy performance contract may include, but are not limited to:
(1) replacement of lighting fixtures;
(2) installation of energy efficient boiler/furnace, heating, ventilating, air conditioning (HVAC) equipment;
(3) installation of vestibules;
(4) installation of automatic setback thermostat;
(5) energy management system;
(6) upgrade domestic hot water system;
(7) roof insulation;
(8) installation of energy efficient window/doors;
(9) co-generation; or
(10) the installation, maintenance or management of other energy systems or equipment to improve the energy efficiency of, or produce energy in connection with, a building or facility.
(d) Every energy performance contract entered into by a school district or BOCES to which this section applies and every amendment to an energy performance contract entered into on or after July 1, 1998 by a board of education or a BOCES shall be subject to approval by the Commissioner of Education and shall contain a provision that such contract shall not be executory until approval of the Commissioner is obtained. In order to obtain approval by the Commissioner of Education to enter into an energy performance contract, the school district or
BOCES shall:
(1) demonstrate that the project complies with all applicable provisions of section 155.2 of this Part;
(2) describe the scope and nature of the work to be performed;
(3) demonstrate that the types of projects included in the energy performance contract are appropriate in accordance with subdivision (c) of this section;
(4) provide a detailed breakdown of the energy performance savings to be derived each year and for the duration of the energy performance contract in the project summary form, which shall include:
(i) a description of each energy conservation measure included in the energy performance contract;
(ii) the cost of each energy conservation measure;
(iii) the project energy savings and cost savings;
(iv) the useful life of each energy conservation measure; and
(v) the simple payback period;
(5) state any maintenance and monitoring charges that are part of the energy performance contract in a clear and conspicuous manner separately in the contract;
(6) provide the interest rate applicable to the energy performance contract and length of borrowing. The interest rate will be compared to the U.S. Treasury rate for like terms as published in the Wall Street Journal and must be comparable;
(7) provide the following certifications:
(i) The sole trustee, the president of the board of trustees or board of education, or the president of the BOCES shall certify that in lieu of competitive bidding, the energy performance contract was procured pursuant to a request for proposal (RFP) process in accordance with the school district's or BOCES' procurement policies and procedures adopted pursuant to applicable provisions of General Municipal Law section 104-b;
(ii) The energy performance contractor shall certify that such energy performance contractor has guaranteed recovery of contract costs from energy savings realized by the school district during the term of the energy performance contract, which shall not exceed 18 years, or the useful life of the equipment being installed, whichever is less. This certification shall be based on an analysis of energy costs and savings, which shall not include any cost savings attributable to state building aid. If a simple payback calculation is used to demonstrate compliance with the 18 year payback limitation, it shall be calculated by dividing the initial contract cost by the first year cost savings. If another analysis is used to support the certification, it should be submitted with the certification;
(iii) The energy performance contractor shall certify that measurement and verification techniques for determining cost savings will be performed in accordance with the North American Energy Measurement and Verification Protocol, March 1996, (U.S. Department of Energy, Washington, D.C. 20585: available at the Office of Facilities Planning, Room 1060 State Education Building Annex, Albany, NY 12234);
(iv) The energy performance contractor shall certify that any state building aid attributable to such project has been excluded in determining the cost savings and payback period under the energy performance contract; and
(v) The architect and/or engineer of record shall certify that he or she is free from financial interest in the energy performance contractor which conflicts with the proper completion of the audit and any design work associated with the energy performance contract and that full disclosure has been made to the school district and/or BOCES detailing all financial compensation received from the energy performance contractor.
(e) The administrative and technical review by the State Education Department shall include:
(1) review of project scope and its appropriateness to be done under an energy performance contract and its eligibility for building aid;
(2) review of the project's compliance with applicable provisions of section 155.2 of this Part;
(3) review of detailed breakdown of the energy savings to ensure compliance with Education Law section 3602(6) (i) (5) (i);
(4) review of certifications by the president of the board of education, energy performance contractor and architect/engineer as specified in regulations;
(5) review of interest rate and comparison to the U.S. Treasury Rate for like terms;
(6) review of technical specifications for compliance with the Uniform Fire Prevention and Building Code, State Education Department standards and other applicable standards.
(f) Capital construction costs and associated incidental costs
such as architect/engineer fees, administrative costs and feasibility
costs may be eligible for building aid. Costs associated with
operation and maintenance, repairs, extended warranties and service
agreements are not eligible for building aid and should be separated
in a clear and conspicuous manner from those eligible expenses.
(a) Pursuant to the provisions of paragraph (a) of subdivision 14 of section 305 of the Education Law, all contracts for mobile instructional units which are subject to the competitive bidding requirements of
General Municipal Law shall be awarded to the lowest responsible bidder or through an evaluation of proposals submitted in response to a request for proposals by a board of education.
(b) When a board of education elects to award a contract through an evaluation of proposals in response to a request for proposals, such board of education shall evaluate each proposal from a responding contractor in accordance with the following criteria:
(1) the previous experience of the contractor in providing mobile instructional units for use by public school districts;
(2) the name of each transportation company or manufacturer in which the contractor or any of the contractor's officers has been an owner or a manager or has had a controlling interest;
(3) a description of any vehicle safety standards included in the design standards for the mobile instructional units under the control of the contractor that exceed applicable standards defined in statute or regulations;
(4) inspection records and model year of the mobile instructional units under the control of the contractor;
(5) maintenance schedules of the mobile instructional units under the control of the contractor;
(6) a financial analysis of the contractor;
(7) documentation of compliance with insurance requirements;
(8) documentation of compliance with Part 155 of this Title and applicable provisions of the State Uniform Fire Prevention and Building Code, (19 NYCRR 444); and
(9) total cost of the proposal.
(c) Any public notice soliciting proposals for mobile instructional units, as well as any instructions provided to potential respondents to a request for proposals pursuant to this section, shall specify all of the criteria to be used in evaluating such proposals and shall specify the weightings that the board of education has assigned to each criterion for the purpose of evaluating proposals submitted in response to the request for proposals. For this purpose no single criterion shall be weighted in excess of 50 percent of the total weight of all of the criteria to be used.
(d) Each district awarding a contract through an evaluation of proposals shall submit such contract to the Commissioner for approval pursuant to the provisions of Education Law Section 305(14), together with satisfactory evidence of the date of the request for such proposals, the forms and instructions used in making such request, the contract specifications, all proposals received, the criteria used in evaluating the proposals, the weights assigned to each criterion, the scores used to assess each category of the criteria, and such other information as the commissioner deems necessary for such approval.
(e) Proposals for contracts for mobile instructional units for the following school year shall be requested no later than June1.
(a) All buildings, premises, equipment and furnishings used for the universal prekindergarten program shall be safe and suitable for the comfort and care of the children, shall comply with all applicable requirements of the Americans With Disabilities Act and shall be provided and maintained in a state of good repair and sanitation.
(b) Except for schools in the City of New York, buildings and classrooms located on district grounds and operated by the school district shall meet the New York State Uniform Fire Prevention and Building Code, section 155.3 of this Title or its equivalent (notwithstanding theexemption for schools in cities with populations over 125,000 persons) and section 151-2.7 of this Title. Any new construction shall also meet the standards specified in the State Education Department Manual of Planning Standards.
(c) Except for schools in the City of New York, buildings and classrooms operated by the school district, but located off school grounds, shall meet the New York State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250), sections 151-2.7 and 155.7 of this Title or its equivalent (notwithstanding the exemption for schools in cities with populations over 125,000 persons) and Part 418 of the Regulations of the Department of Social Services (18 NYCRR Part 418).
(d) In the case of schools in the City of New York, buildings and classrooms operated by the school district shall meet all applicable local fire safety and building codes.
(e) Buildings and classrooms operated by eligible agencies shall meet all applicable fire safety and building codes and any applicable facility requirements of a State or local licensing or registering agency.
END