Manual for Fire and Building Safety Inspections In Public and Nonpublic Schools

INTRODUCTION

On January 1, 2003, New York State adopted new standards for building construction and maintenance As a result, two manuals previously titled Manual for Public School Facilities Fire

The revised Prevention and Fire Inspection Manual for Nonpublic School Facilities now consolidates two previous manuals into one comprehensive guide This updated manual reflects recent changes and includes essential information on all required inspections, alongside the annual fire and building safety inspection, ensuring compliance and enhancing safety protocols in school facilities.

Effective planning and preparation are essential for conducting inspections and addressing any identified nonconformances This manual serves as a comprehensive guide for school administrators and inspectors, outlining the inspection process and necessary documentation It includes crucial background information on relevant regulations and codes, as well as an explanation of the inspection and enforcement procedures.

N EW Y ORK S TATE C ONSOLIDATED L AW

In the New York Consolidated Law,

Article 17 is Instruction in Certain Subjects,

School authorities in both public and nonpublic institutions are responsible for ensuring that student-use buildings undergo annual inspections for fire hazards that could jeopardize the safety of students, teachers, and staff.

The Commissioner of Education is to furnish the form for the fire inspection Any report of any fire inspection performed is to be submitted to the Commissioner

Education Law Section 807a is the law that applies to public and nonpublic school fire inspections The full text for Article 17 may be found at http://assembly.state.ny.us.

C OMMISSIONER ’ S R EGULATIONS

In the Official Compilation of Codes, Rules and Regulations of the State of New York,

Chapter II of Title 8 is Regulations of the Commissioner

Subchapter J is Buildings and Transportation

Part 155 (8 NYCRR 155) is Educational Facilities

This Part applies to all school buildings owned, operated, or leased by a school district or board of cooperative education services (BOCES) unless specified otherwise in a specific section

In addition to the fire inspection mandated by Educational Law Section 807a, the Commissioner stipulates further inspection requirements for public facilities These regulations encompass all aspects of building and fire safety inspections For comprehensive details, the complete text of all 155 sections is available on our website: www.emsc.nysed.gov/facplan.

155.1 Educational Facilities: Each school district shall provide suitable and adequate facilities to accommodate the programs of each district

155.4 Uniform Code of Public School Building Inspections, Safety Rating and Monitoring: Building condition surveys are required every five years In the interim four years, annual visual inspections are required

All school construction and maintenance projects must ensure that the occupied areas of the building meet the essential requirements for maintaining a valid certificate of occupancy, regardless of ongoing construction activities.

155.7 Health and Safety in Existing Educational Facilities: Health and safety regulations for existing educational facilities in school districts, other than city school districts having 125,000 inhabitants or more.

Public school districts and boards of cooperative education services are required to conduct fire safety inspections of all owned, operated, or leased buildings at least once a year, or as deemed necessary by the Commissioner This regulation enhances the existing guidelines for public school facilities outlined in Educational Law Section 807a.

155.17 School Safety Plans: Regulations for school emergency management plans, school safety plans and school emergency response plans.

155.25 Safety Requirements for Electrically Operated Partitions: Regulations for electrically operated partitions, room dividers and curtains This applies to public schools, BOCES and nonpublic schools.

C ODES

ENFORCEMENT OF STANDARDS

The standards identified in the previous section are enforced through a number of inspections This section provides the “who, what and when” regarding the inspections.

B UILDING C ONDITION S URVEYS

Every five years, an inspection is mandated to ensure that all occupied public school buildings are well-maintained and preserved, thereby providing a suitable environment for education.

The survey will encompass a comprehensive list of all program spaces and conduct an inspection of key building system components to assess signs of movement, deterioration, structural failure, and their probable useful life, as well as identify any necessary repairs, maintenance, or replacements.

 The physical inspections required to complete the survey are to be conducted by a team that includes at least one licensed architect or engineer.

The building condition survey form can be accessed on the Office of Facilities Planning website at www.emsc.nysed.gov/facplan Initial reports must be signed and sealed by a licensed architect or engineer and submitted to the Commissioner by January 15, 2001, with future reports also required to be submitted annually on the same date.

15 th of every 5 th year thereafter.

 The first building condition surveys were conducted on buildings on or before November

15, 2000 The second survey shall be conducted at no more than five years after the first survey.

Buildings that received a certificate of substantial completion between August 31, 1995 and September

Buildings completed on or before September 30, 1999, were exempt from the 2000 survey and will only need to be surveyed during the second assessment scheduled for November 15, 2005 However, any buildings that received a certificate of substantial completion on or after October 1, 1999, are required to participate in this upcoming second building condition survey.

For leased facilities, see Appendix B for further information.

A NNUAL V ISUAL I NSPECTIONS

This annual inspection is required to insure that all occupied public school buildings are properly maintained and preserved and provide a suitable educational setting

The visual re-inspection of building components aims to identify any changes since the last building condition survey and to review and update the safety rating as necessary This process must be completed annually by November 15, except in the year when the building condition survey is conducted.

The inspection team must consist of at least three distinct members: a certified code enforcement official from the Department of State or the New York City Building Department, the district director of facilities or their designee, and a member of the health and safety committee It is essential that these roles are filled by separate individuals to ensure a comprehensive assessment of safety and maintenance needs While individual members may possess multiple qualifications, having a diverse team enhances the identification of critical issues, as relying on one or two individuals could restrict the scope of the inspection.

 The form for the annual visual inspection is provided on the Office of Facilities Planning web site: www.emsc.nysed.gov/facplan

For leased facilities, see Appendix B for further information.

F IRE S AFETY I NSPECTIONS

This annual inspection applies to all buildings that are owned, operated or leased by a public school district, BOCES or a nonpublic school

 Public Schools – (For leased facilities, see Appendix B for more information).

 This inspection is to verify each building that complies with Education Law Section 807a, applicable sections of the New York State Uniform Fire Prevention and

Building Code and applicable sections of the Regulations of the Commissioner of

Education: Section 155.7  Health and Safety in Existing Educational Facilities and Section 155.25  Safety Requirements for Electrically Operated Partitions.

All inspections must be conducted by a qualified inspector certified by the State Fire Administrator, specifically a code enforcement official or code compliance technician Certification is achieved through the successful completion of training courses offered by the Department of State Codes Division For Public School and BOCES buildings, it is essential that the inspector's certification remains current and that in-service requirements are upheld as outlined in Title 19 Part 434.5(a)(2).

 Nonpublic Schools - (For leased facilities, see Appendix B for additional information.)

The annual inspection aims to ensure that all student-use buildings adhere to Education Law 807a, relevant Commissioner’s regulations, and the applicable sections of the New York State Uniform Fire Prevention and Building Code.

 School authorities shall cause any fire inspection per Education Law 807a to be made by one of the following methods or any combination of such methods:

 Employing persons who, in the judgment of the school authorities, are qualified to make such an inspection or any phase thereof.

 Contracting for the making of such inspections by persons who in the judgment of the school authorities, are qualified to make such an inspection or any phase thereof.

 Requesting inspection by the fire department of any city, town, village, or fire district in which the building is located.

 Requesting inspection by a fire corporation that is subject to the provisions of Section

1402 of the not-for-profit corporation law, if such building is located within the area described in the certificate of incorporation of any such corporation.

To request an inspection, contact the county fire coordinator or their designated officer, including any deputy coordinators, if the building is situated outside a city, town, village, or fire district with its own fire department This applies particularly to locations not covered by the certificate of incorporation of any fire corporation governed by Section 1402 of the not-for-profit law.

E XISTING B UILDING E VALUATION

I NSPECTION P LANNING P HASE

When planning a Fire Safety Inspection, it is essential to complete a separate report form for each building Educational Law Section 807-a is applicable to all schools, both public and private Additionally, 8 NYCRR 155 pertains specifically to public schools and BOCES buildings, while 155.25 applies to all public and nonpublic K-12 educational facilities.

Responsibility for building inspections in leased properties by school districts or BOCES is influenced by various factors, including the nature of the lease with private entities For clarity on who holds inspection responsibilities under different circumstances, refer to the guidance outlined in Appendix B.

 Identify the inspection period as established by the Commissioner

All reports must reach the State Education Department by the inspection period end date. Reports not received on or before the inspection period due date are LATE

Public schools must adhere to the regulations outlined in 8 NYCRR 155.8(b), which designates specific Fire Inspection Zones for each supervisory district (BOCES) Each inspection year spans 11 months, with defined start dates for inspections and deadlines for report submissions Certificates of Occupancy for public school facilities will only be issued after reports are processed, and it is crucial that students and employees do not occupy or use buildings without a valid posted certificate of occupancy.

Nonpublic schools are required by Educational Law Section 807-a to undergo an annual fire inspection before December 1st each school year The inspection report must be submitted to the State Education Department by December 16th of the same year.

Each building of record that is owned, leased, or utilized will receive a mailing label alongside the Fire Code Biography It is important to affix this label in the address section of every fire safety report If you do not receive a label for any of your buildings, please contact the Facilities Planning Fire Safety Unit at 518-474-3906 for assistance.

 Identify buildings requiring inspection and set an appropriate schedule for inspection within the inspection period

School authorities must determine the mailing date for fire safety reports to the State Education Department, ensuring that these reports arrive by the inspection period's end date Reports received after this deadline are classified as "late filed," as postmarks are not taken into account.

Late submission of reports can lead to gaps in coverage for a valid Certificate of Occupancy It is essential to have a valid Certificate of Occupancy displayed on-site, as a public school facility cannot operate without it.

According to 8 NYCRR 155.8, a facility in public schools is defined as any standalone building or structure with walls and a roof that can be secured This includes various combinations of buildings or structures connected by an enclosed corridor, such as storage sheds, bus garages, maintenance buildings, manufactured buildings, greenhouses, barns, and press boxes.

Campus arrangements consist of multiple buildings rather than a single structure Each building requires a separate report unless they are linked by enclosed corridors In certain situations, it may be beneficial to classify individual buildings within a larger interconnected complex, as nonconformities in one area could risk the certificate of occupancy for the entire complex.

The inspections may not begin before the inspection period start date

For Nonpublic Schools – Per Educational Law Section 807-(a)(1), this inspection applies to buildings of a school containing classroom, dormitory, laboratory, physical education, dining or recreational facilities for student use.

Make sure the inspector is aware of the inspection period and the date for mailing in the reports.

According to 8 NYCRR 155.8(b), all inspections in public schools must be conducted by a qualified inspector certified by the State Fire Administrator This certification is granted to code enforcement officials or code compliance technicians who have successfully completed the required training courses offered by the Department of State Codes Division It is essential that the certification remains current and that in-service requirements are upheld as outlined in Title 19 Part 434.5(a)(2).

Employees of a school district or BOCES, whether full-time or part-time, are prohibited from performing the annual fire and building safety inspections, as well as any other inspections mandated by the State Education Department, within their own district or BOCES.

If you cannot find an inspector appropriately qualified in your area, Educational Law Section807-a(3)(c) requires the county fire coordinator to make the inspection or cause it to be made.

For Nonpublic Schools – See Section III above to determine who would be an appropriate inspector for the school building.

 Notify local fire official of the time, date and location of all fire and building safety inspection, and the post-inspection meeting

According to Educational Law, Section 807-a(3)(b), school authorities must inform the chief or equivalent officer of the local fire department about any upcoming building inspections They are required to give reasonable notice regarding the date and time of the inspection The notified officer, or a designated subordinate, has the right to attend the inspection and can submit a report based on their observations.

The officer shall also be notified of the scheduled post-inspection meeting.

School officials are required to annually complete Part I of the Fire Safety Report, which is then recorded by the State Education Department This department includes a copy of the "Fire Code Activity Report" for each building when sending out the annual inspection notification letters.

All buildings are to use the same Public School Fire Safety Report form.

Provide the inspector with a copy of previous year’s Public School Fire Safety Report.

T HE I NSPECTION – P UBLIC S CHOOL F ACILITIES

The inspector references Part I and uses Part II of the Public School Fire Safety Report for each building as the inspection is conducted

It is recommended that the director of facilities or designee accompany the inspector.

If an inspector encounters a building that has not been recognized by the State Education Department, the inspection should not proceed The inspector must promptly inform the State Education Department about the unrecognized building.

Per Educational Law Section 807-a, the city school districts in New York City, Buffalo, Rochester, Syracuse, and Yonkers need not complete Part II-A.

During inspections, any identified nonconformances indicate breaches of New York State's minimum fire and building safety standards, as outlined in the Fire and Property Maintenance Codes and the Commissioner of Education's Regulations, specifically Section 155.7 on Health and Safety in Existing Educational Facilities, and Section 155.25 regarding Safety Requirements for Electrically Operated Partitions Inspectors must document all nonconformances on the School Fire Safety Nonconformance Reporting Sheet.

“x” in the nonconformance box next to each violation observed The inspector completes the form by filling out the “Initial Inspection” section at the bottom of the form.

School officials do not need additional notifications to be aware of existing violations All violations should be promptly addressed whenever feasible The inspector will provide school officials with a detailed list of the locations where nonconformities are found.

The fire safety inspector completes Section III-A Certification.

The building administrator, or designee, completes Section III-B Certification.

The superintendent of schools completes Section III-C Certification.

T HE I NSPECTION – N ONPUBLIC S CHOOL F ACILITIES

The inspector references Part I and uses Part II of the Nonpublic School Fire Safety Report for each building as the inspection is conducted

If an inspector encounters a building that has not been recognized by the State Education Department, the inspection of that building should not proceed The inspector must promptly inform the State Education Department of the situation.

Any nonconformances discovered during the inspection represent violations of the minimum standards of fire and building safety required by the Fire and Property Maintenance Codes of

New York State, and Section 155.25 of the Regulations of the Commissioner of Education.

The inspector is to record all nonconformances on the School Fire Safety Nonconformance Reporting Sheet

No further notice of violation is required to alert the school officials that a violation exists. Wherever possible, all such violations shall be corrected immediately

The fire safety inspector completes Sections III-A and B

The building administrator, or designee, completes Section III-C Certification.

P OST I NSPECTION P HASE – P UBLIC AND N ONPUBLIC S CHOOLS

FIRE SAFETY REPORT

There are two different fire safety reports: Public School Fire Safety Report and the Nonpublic School

The district will print a single copy of the entire manual from the Facilities Planning website for the inspector, utilizing the Fire Safety Inspection Code Reference Checklist in Appendix C as a guide during inspections Additionally, the district will reproduce Appendices D and E as needed, ensuring one copy is available for each building inspected, and will attach the labels supplied by the State Education Department.

Appendix D  Public School Fire Safety ReportAppendix E  Nonpublic School Fire Safety Report

P ART I – F ACILITY P ROFILE / F IRE / L IFE S AFETY H ISTORY

All public and private school officials are required to complete all of this part annually.

B Part II, Section II-A – Regulations of the Commissioner of Education:

This Part applies to all public school buildings with student occupancy excluding cities with over 125,000 inhabitants.

This is included in Fire Safety Inspection Code Reference Checklist.

The inspector inspects all applicable buildings and notes any nonconformances on the Fire Safety Nonconformance Report Sheet.

C Part II, Section II-B – Paragraph 8 - Commissioner of Education Regulation

8NYCRR155.25 This Part applies to all school buildings

Part II, Section II-B – Fire Code and Property Maintenance Code of New York State

This Part applies to all public school buildings and nonpublic school student use buildings.

Fire Code of New York State – Questions 1 through 22.

Property Maintenance Code of New York State – Questions 23 and 24.

This is included in the Fire Safety Inspection Code Reference Checklist.

The inspector shall inspect all applicable buildings and note any nonconformances on the Fire Safety Nonconformance Report Sheet.

This Part applies to all inspected buildings The superintendent must be aware that in signing the report, they are certifying that:

1 Public notice of report availability has been published, and that

2 Any nonconformances noted as corrected on this report were corrected, and that

The Board of Education has developed a written plan to address any uncorrected nonconformances identified in this report, as mandated by Section 807(a) of the Education Law This plan is accessible for public review.

VI CERTIFICATES OF OCCUPANCY – Public School Facilities

According to 8 NYCRR 155.8(e), no building owned, operated, or leased by a board of education or BOCES can be occupied without a valid certificate of occupancy from the Commissioner This certificate is granted after an annual fire safety inspection confirms that the building is safe for occupancy and free of nonconformities For additional details regarding leased facilities, refer to Appendix C.

A Certificate of Occupancy (CO) must be prominently displayed near the main entrance of a building Occupancy or use of the building for its intended purpose is prohibited without a valid CO issued by the State Education Department.

Certificates of Occupancy (COs) are valid for up to 12 months from the issuance date of the School Fire Safety Report, which must confirm compliance with all relevant standards In cases where a building has non-conforming items, a temporary CO may be granted until these issues are resolved.

The issuance of a temporary Certificate of Occupancy (CO) is determined by the total points assigned to nonconformance items, categorized as minor and major A temporary CO is granted when the combined points for minor and major nonconformances is 10 or fewer However, if the total exceeds 10, no temporary CO will be issued For instance, if there are 6 minor nonconformances (1 point each) and 3 major nonconformances (2 points each), the total would be 12 points, resulting in no CO being issued Additionally, any severe nonconformance automatically disqualifies the issuance of a temporary CO.

For each item on the Fire Safety Inspection Code Reference Checklist, the last digit of the item number identifies the Relative Degree of Severity.

Annual or temporary Certificates of Occupancy are issued (or withheld) in accordance with the following table:

Relative Degree of Severity of Nonconformances

* No Annual Certificate of Occupancy will be issued until all nonconformance items are corrected Pursuant to Section 807-a 1,6 of the Regulations of the Commissioner (Revised,

According to the 2006 guidelines, any building that fails to obtain an Annual Certificate of Occupancy from the Department due to issues identified in the School Fire Inspection Report must undergo re-inspection until all violations are resolved For further details, refer to the section on "Re-inspection of School Facilities" on page 12.

** NEW ! “Other 4” category – SIGNATURES AND REGISTRY NUMBERS, items 26A3 through 26D3 on page 5 of the School Fire Safety report have been changed to a new “Other”

The School Fire Safety Nonconformance Reporting Sheet has undergone updates, with items 26A4 through 26D4 removed and new items 26E4 through 26H4 added It's important to note that items 26A4 through 26H4 are excluded from re-inspection calculations and are only cited as nonconformances by the Department, resulting in a 30-day temporary certificate For further inquiries, please reach out to the Fire Safety Unit.

A Temporary Certificate of Occupancy (CO) is granted when a Fire Safety Report identifies non-conforming items that do not necessitate revoking the CO This temporary certificate can be valid for up to 30 days If the nonconformances cannot be resolved within this timeframe, the school district or BOCES may request a written extension The request must detail the specific nonconformance, explain why it cannot be addressed within 30 days, and outline a proposed schedule for remediation Additionally, the letter should describe any temporary measures in place to ensure safety during this period.

A Certificate of Substantial Completion is essential for capital projects in buildings, confirming that the public works project has been supervised in accordance with Subdivision 3 of Section 7209 of the Education Law and the contract with the school district This certificate necessitates a fire safety inspection, and if the construction is deemed substantially complete but certain areas remain unfit for occupancy, a Qualified Certificate of Occupancy (CO) is issued This Qualified CO states that specific parts of the facility, marked as incomplete on the substantial completion certificate, cannot be occupied until a new substantial completion certificate and fire safety report are submitted, along with a new CO Importantly, this Qualified CO does not have an expiration date.

C Revocation of Certificate of Occupancy

A certificate of occupancy may be revoked if a building is found to have nonconformances of a severe degree or too many of a lesser degree of severity See above paragraphs.

Appendix A - FIRE INSPECTION ZONES – Public School Facilities

Zone Zone Name and Supervisory District (BOCES) Cycle Fire

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Building Condition Surveys and Annual Visual Inspections

For leased facilities, a building condition survey is required if a substantial portion, an entire wing, or the whole facility is leased for 5 years or more Facilities leased for a small percentage of space or for less than 5 years do not require a survey In cases where leases are executed between districts and BOCES, the district will typically conduct the survey unless the BOCES leases the entire facility.

All buildings, which are owned, operated or leased by a public school district or board of cooperative educational services (BOCES) shall be inspected for fire safety at least once annually

Owned – If a public school district or BOCES owns a building it must be inspected

Leased - If the building is leased to a separate entity (town, day care, adult care, private school, business, etc) the public school district or BOCES is responsible for the inspection.

Where a district leases from a BOCES or vice versa, inspections are required for the district or BOCES that owns the building

When a district or BOCES leases a portion of a facility from a third party, it is essential to inspect the entire facility to ensure compliance with New York State's fire inspection provisions If the leased area is designated for student use, the inspection must encompass that area, its exitways, and any spaces that could affect safe egress, including boiler rooms, as outlined in Part II-A of the Fire Safety Report Additionally, in buildings with mixed occupancies, it is crucial to separate different hazard classifications from educational uses in accordance with Table 302.3.3 of the New York State Building Code or the relevant standards applicable at the time of construction.

Appendix C – Fire Safety Inspection Code Reference Checklist

Part II  Fire and Life Safety Standards

Section II-A Commissioner of Education Regulations 8 NYCRR155.7

(To be completed by certified code compliance technician or code enforcement official only)

This section must be completed for every public school building with student occupancy except in cities with over 125,000 inhabitants.

A-2 There are at least two means of egress from each floor and corridor.

B-1 Corridor pockets and dead end corridors are less than 1.5 times the pocket or corridor width respectively

C-1 Glazed areas in and adjacent to doors and within 48 inches of floors are protected by railings, grilles or safety glazing.

D-1 Glazed areas in and adjacent to doors and within 18 inches of floors are marked to prevent injury to occupants.

In buildings with wood structural components, stairways are designed with noncombustible enclosures and equipped with self-closing doors to prevent the vertical spread of smoke and fumes Additionally, each classroom is provided with direct access to an exterior exit door for enhanced safety.

A-2 Exit doors, except those serving one or two classrooms, swing in the direction of exit travel.

B-1 Exit doors, except those serving one or two classrooms are equipped with panic hardware.

C-3 spaces that accommodate over 500 square feet of pupil occupancy must have two distinct means of egress leading to separate areas The main egress consists of a door opening into the corridor, while the secondary egress can be a door leading directly to the outside, a door connecting to a different smoke zone, or an emergency rescue window This window must meet specific requirements, including a minimum clear opening of 6 square feet and a minimum dimension of 24 inches, unless a variance is approved by the Commissioner.

D-1 All emergency rescue windows are identified by signs as specified on the window and /or on any window shades, blinds, or curtains.

E-2 Emergency rescue windows must be designed without any obstructing bars, screens, or grilles, ensuring clear access for emergency situations If such equipment is present, the windows should be easily releasable or removable from the inside without requiring a key, tool, or excessive force, adhering to the operational standards set forth in F1027.5.

F-3 Enclosed courtyards exceeding 700 square feet in area have at least two remote exits into separate smoke zones.

G-2 Hardware on doors from courtyards is of a type that will always permit exiting from the space without the use of a key.

A-3 gas and oil fuel-burning equipment with a capacity exceeding 400,000 BTU per hour is equipped with electronic flame safeguard controls, which are designed to respond to flame failure by cutting off the fuel supply within 2 to 4 seconds.

B-1 Certificates are posted that indicate that each boiler has been inspected in compliance with Section

A-2 Two-hour fire-rated enclosure with 1ẵ hour self-closing fire doors are provided for the following spaces:

1) Boiler, heater, or furnace rooms, incinerator rooms

2) Refrigeration rooms and transformer vaults

3) Store rooms for fuel, flammable liquids, and gas-powered equipment

B-2 Required fire doors are maintained in a normally closed position unless held open by approved automatic devices.

C-1 Unused ducts and shafts are sealed off at each floor level with fire resistive materials.

A-3 Exit doors from places of assembly are remote and have panic hardware (existing push-pull type hardware with no latching hardware is acceptable).

B-2 School buildings with wood structural members or roof deck do not have places of assembly above the first floor, unless approved by the Commissioner.

C-2 Places of assembly are provided with emergency lighting to illuminate exits.

A-1 There are no fixed or portable control gates that create dead-end conditions.

B-1 Wherever available, new and replacement mercury vapor or metal halide lamps are of fail-safe type that will self-extinguish if shielding is broken, cracked, or removed.

C-1 Where new or replacement fail-safe lamps are not available, separate ultraviolet radiation-absorbing shielding is provided.

D-2 Space under stairs and landings is not used for storage unless separated by two-hour fire rated construction.

E-3 Attic space in buildings of combustible construction is not used for storage.

F-1 Storage in storerooms and classroom areas is orderly and restricted to items of obvious value and usefulness.

P ART III – C ERTIFICATIONS

CERTIFICATES OF OCCUPANCY – PUBLIC SCHOOL FACILITIES

According to 8 NYCRR 155.8(e), buildings owned, operated, or leased by a board of education or BOCES must have a valid certificate of occupancy issued by the Commissioner before they can be occupied or used This certificate is granted after an annual fire safety inspection confirms that the building is suitable for occupancy and free of nonconformances For additional details regarding leased facilities, refer to Appendix C.

A Certificate of Occupancy (CO) must be prominently displayed near the main entrance of a building Occupancy or use of the building for its intended purpose is prohibited without a valid CO issued by the State Education Department.

Certificates of Occupancy (COs) are valid for up to 12 months following the issuance of the School Fire Safety Report, which must confirm compliance with all relevant standards In cases where a building has non-conforming elements, a temporary CO may be granted until all issues are resolved.

The issuance of a temporary Certificate of Occupancy (CO) depends on the total score of nonconformance items categorized by their severity A temporary CO is granted when the combined points for minor and major nonconformances are 10 or less Conversely, if the total exceeds 10, no CO is issued For instance, with 6 minor nonconformances (1 point each) and 3 major nonconformances (2 points each), the total score reaches 12, resulting in no CO being granted Additionally, any severe nonconformance automatically disqualifies the issuance of a CO.

For each item on the Fire Safety Inspection Code Reference Checklist, the last digit of the item number identifies the Relative Degree of Severity.

Annual or temporary Certificates of Occupancy are issued (or withheld) in accordance with the following table:

Relative Degree of Severity of Nonconformances

* No Annual Certificate of Occupancy will be issued until all nonconformance items are corrected Pursuant to Section 807-a 1,6 of the Regulations of the Commissioner (Revised,

According to regulations established in 2006, any building that fails to obtain an Annual Certificate of Occupancy from the Department due to issues identified in the School Fire Inspection Report must undergo re-inspection until all violations are resolved For further details, refer to the section titled “Re-inspection of School Facilities,” found on page 12.

** NEW ! “Other 4” category – SIGNATURES AND REGISTRY NUMBERS, items 26A3 through 26D3 on page 5 of the School Fire Safety report have been changed to a new “Other”

The School Fire Safety Nonconformance Reporting Sheet has undergone updates, with items 26A4 through 26D4 removed and new items 26E4 through 26H4 added For the purpose of re-inspection calculations, items 26A4 through 26H4 are excluded These nonconformances are cited solely by the Department and will result in a 30-day temporary certificate For further inquiries, please reach out to the Fire Safety Unit.

T EMPORARY C ERTIFICATE OF O CCUPANCY

A Temporary Certificate of Occupancy (CO) is granted when a Fire Safety Report reveals non-conforming items that do not justify revoking the CO This temporary CO is valid for up to 30 days, and if the nonconformances cannot be addressed within this timeframe, the school district or BOCES can submit a written request for an extension This request must detail the specific nonconformance, explain why it cannot be resolved within 30 days, and include a proposed timeline for remediation, along with information on any temporary safety measures implemented to mitigate the nonconformance.

Q UALIFIED C ERTIFICATE OF O CCUPANCY

A Certificate of Substantial Completion is essential for capital projects in buildings, confirming that the public works project has been supervised according to the Education Law and the school district's professional service contract This certificate mandates a fire safety inspection, and if the construction is deemed substantially complete but parts of the building remain unfit for occupancy, a Qualified Certificate of Occupancy (CO) is issued This Qualified CO specifies that certain areas, marked as incomplete on the substantial completion certification, cannot be occupied until a new certificate of substantial completion and fire safety report are provided, along with the issuance of a new CO Notably, this certificate does not have an expiration date.

R EVOCATION OF C ERTIFICATE OF O CCUPANCY

A certificate of occupancy may be revoked if a building is found to have nonconformances of a severe degree or too many of a lesser degree of severity See above paragraphs.

Appendix A - FIRE INSPECTION ZONES – Public School Facilities

Ontario-Seneca-Yates-Cayuga-Wayne 29 5/15/11 7/1/11

Building Condition Surveys and Annual Visual Inspections

For leased facilities, a building condition survey and inspection are required when a substantial portion, an entire wing, or the whole facility is leased for five years or more Facilities leased for a small percentage of space, such as a few classrooms, or those with leases shorter than five years do not require a survey In cases where leases are executed between districts and BOCES, the district will typically conduct the survey unless BOCES leases the entire facility.

All buildings, which are owned, operated or leased by a public school district or board of cooperative educational services (BOCES) shall be inspected for fire safety at least once annually

Owned – If a public school district or BOCES owns a building it must be inspected

Leased - If the building is leased to a separate entity (town, day care, adult care, private school, business, etc) the public school district or BOCES is responsible for the inspection.

Where a district leases from a BOCES or vice versa, inspections are required for the district or BOCES that owns the building

When a district or BOCES leases a portion of a facility, it is essential to inspect the entire building to ensure compliance with New York State's fire inspection regulations If the leased area is designated for student use, the inspection must cover that section, its exit routes, and any areas that could obstruct evacuation, including boiler rooms, as outlined in Part II-A of the Fire Safety Report Additionally, in buildings with mixed occupancies, different hazard classifications must be adequately separated from educational uses, in accordance with Table 302.3.3 of the New York State Building Code or the relevant standards applicable at the time of construction.

Appendix C – Fire Safety Inspection Code Reference Checklist

Part II  Fire and Life Safety Standards

Section II-A Commissioner of Education Regulations 8 NYCRR155.7

(To be completed by certified code compliance technician or code enforcement official only)

This section must be completed for every public school building with student occupancy except in cities with over 125,000 inhabitants.

A-2 There are at least two means of egress from each floor and corridor.

B-1 Corridor pockets and dead end corridors are less than 1.5 times the pocket or corridor width respectively

C-1 Glazed areas in and adjacent to doors and within 48 inches of floors are protected by railings, grilles or safety glazing.

D-1 Glazed areas in and adjacent to doors and within 18 inches of floors are marked to prevent injury to occupants.

Stairways in buildings with wood structural components or roof decks must be enclosed with noncombustible materials and equipped with self-closing doors to prevent the spread of smoke and fumes between floors Additionally, each classroom should have direct access to an exterior exit door for enhanced safety.

A-2 Exit doors, except those serving one or two classrooms, swing in the direction of exit travel.

B-1 Exit doors, except those serving one or two classrooms are equipped with panic hardware.

C-3 spaces with a pupil occupancy exceeding 500 square feet must have two distinct means of egress leading to separate areas The primary exit is a door that opens to the corridor, while the secondary exit can be a door leading directly outside, a door to a different smoke zone, or an emergency rescue window This window must provide a minimum clear opening of 6 square feet and have a minimum dimension of 24 inches to ensure safe emergency egress, unless a variance is approved by the Commissioner.

D-1 All emergency rescue windows are identified by signs as specified on the window and /or on any window shades, blinds, or curtains.

E-2 Emergency rescue windows must be free from any obstructive elements such as bars, screens, grilles, or classroom equipment If equipped with such elements, these windows should be designed to be releasable or removable from the inside without requiring a key, tool, or excessive force beyond normal operation (F1027.5) Revised 1/09.

F-3 Enclosed courtyards exceeding 700 square feet in area have at least two remote exits into separate smoke zones.

G-2 Hardware on doors from courtyards is of a type that will always permit exiting from the space without the use of a key.

A-3 gas and oil fuel-burning equipment with a capacity exceeding 400,000 BTU per hour is equipped with electronic flame safeguard controls These controls are designed to respond to flame failure by shutting off the fuel supply within 2 to 4 seconds.