Section I: Laws and Regulations

A. “Right to Know” laws or “Hazardous Communication”……how to reduce your liability

Right to know laws or hazardous communication from Flinn Scientific Inc.

There is some confusion about the use of hazardous chemicals in schools and about how the relevant “Right-to-Know” laws apply to schools. Let’s set the record straight for public schools. The United States government has passed the Hazard Communication Standard (usually referred to as the “Right-to-Know” law) and the Laboratory Standard, but these laws do not extend coverage to state and local governments. However, almost all state governments have either passed their own version of the Hazard Communication Standard or put their stamp of approval on the federal laws and extended their jurisdiction to cover local and state governmental bodies—including public schools. Federal jurisdiction does apply to all private schools. The purpose of these laws is to inform employees about any hazards associated with an employee’s work. Employees have the “right to know” about all the hazards they might deal with in the workplace

Major Requirements

The federal and most state Right to Know laws contain the following six requirements or provisions.

1. Material Safety Data Sheets (MSDS)

MSDS is the primary way of communicating the hazards of a chemical to an employee or an employer. The MSDS provision of the law requires the employer to acquire, update and maintain MSDS for all of the hazardous chemicals used or stored in the facility and to make those MSDS available to the employee for informational purposes.

The minimum standards for MSDS include:

• The MSDS must be written in English

• Chemical name

• Hazardous components

• Physical characteristics (density, flash point, etc.)

• Physical hazards (fire, explosion, reactivity)

• Health hazards (both chronic and acute). All signs or symptoms of exposure must be listed.

Carcinogens must be identified.

• Primary routes of entry and target organs

• Permissible exposure limits or TLV

• Any applicable precautions (gloves, goggles, fume hood, etc.)

• First aid and emergency procedures (chemical splash, spill handling, etc.)

• Date prepared

• Name and address of the manufacturer or MSDS preparer including the phone number.

2. Hazardous Materials List

A list of all hazardous chemicals must be assembled. In most states this list is kept only by the employer and access is given to the employee on request. Some states require a copy of this list to be given to the fire department or some other state agency. See the state-by-state breakdown of the Right to Know laws for further details.

3. Inventory

The hazardous materials list and an up-to-date inventory usually go hand in hand. Both the list and the inventory must be continually updated. An inventory of all hazardous chemicals is an essential requirement of most Right to Know laws. An inventory consists of the name of the chemical, how much you have, and where it is stored.

4. Notification

All laws require the employer to notify the employee of any potential exposure or actual exposure to a hazardous substance. This is initially accomplished by posting the Right to Know regulations or a poster where it can be easily read and will be noticed by the employee. Notification is also accomplished through training and employee

5. Training

Many state laws are very detailed and specific in the area of training requirements of employees. Most states require training to be done on an annual basis or when exposure to a new hazard is anticipated. Some states require this training to be in written form while others allow verbal training or some combination of both types. Training includes:

a. Learning to read labels and MSDS

b. Providing the locations of hazardous materials

c. Learning the hazards associated with the materials in the workplace, both chronic and acute

d. Safe handling of chemicals

e. Use of protective equipment (fire extinguishers, respirators, etc.)

f. First aid and emergency procedures (spills, exposure, splashes, etc.)

6. Labels and Labeling of Hazardous Materials

Most laws require that a minimum standard of labeling must be observed. This includes:

• Chemical name, concentration, target organ, effect, and dateprepared

• Hazards, both physical and health

• Name and address of the manufacturer

All states indicate that if the product is purchased and the label meets

the standard, no further labeling is necessary.

Conclusion

The various state Right to Know laws are all very similar. The six major requirements or provisions discussed above are always included, along with minor modifications concerning who must be trained and how or to whom you will have to send MSDS and hazardous materials lists. The paperwork requirements (MSDS and reporting lists) can be overwhelming, but are mandated by the laws. The science teacher’s five major steps include:

1. Take an inventory (develop a list of hazards)

2. Acquire, update, and maintain Material Safety Data Sheets

3. Label all chemicals properly

4. Train

5. Develop a Chemical Hygiene Plan

Following these five steps will not only help you comply with your respective state’s Right to Know law, but will also improve the safety in your classroom” (Flinn Scientific, Inc. , 2011).

“Practical Solutions to Reduce Your Liability

Introduction

Teaching science is different than teaching other academic subjects because to properly teach science, students must receive instruction and engage in appropriate hands-on activities. More importantly, science teachers must teach in an environment using materials and equipment that have the potential to cause serious harm to both teacher and student. Science teachers must be trained in more than just teaching methods and classroom management. They must also receive specific training in laboratory safety. Science teachers must know, understand, and follow many rules and regulations to ensure the safety of students in their classrooms. Science teachers also owe their students a duty of care to properly supervise, instruct, maintain equipment and facilities, and warn students of potential harm in their classrooms. Accidents will happen in the classroom.

However, teachers can significantly reduce their risk of negligence liability and prevent classroom mishaps by following a few simple rules.

1. Know the safety statutes that affect your classroom and carefully abide by them. Check with your state and county departments of education, state department of labor or Occupational Safety and Health Administration for statutes and regulations that apply to your classroom. At a minimum, each school should have in place an up-to-date Chemical Hygiene Plan (CHP) that describes the safety procedures that are required at your school.

2. Document all efforts to resolve safety issues in your classroom. Any safety issues or equipment problems that need repair must be carefully documented in writing and submitted to the proper administrator for immediate action. If you cannot successfully resolve the issue at the site level, send a letter to the superintendent or school board describing the problem, your efforts to correct the condition, and possible solutions for resolving the problem. Attach copies of your documentation. Save all letters and documentation.

3. Do not leave your classroom during any instructional period. Every teacher has a primary duty to properly supervise students. Never leave students unsupervised for any reason.

4. All students should wear the appropriate personal protective equipment while working in the laboratory. Chemical splash goggles, and chemical resistant aprons should be worn whenever any chemicals (no matter how minimal the risk of perceived injury) are to be used by students. Protective eyewear must be worn during all laboratory activities and demonstrations.

5. Teach safety all year and review safety procedures often. Teachers have a duty to provide proper

safety instruction. Start the year with a student safety contract. Then get in the habit of reviewing a safety rule every day at the beginning of class. It is critical that you review the appropriate safety precautions with students prior to beginning any laboratory activity. Remember to document all safety instruction that you provide in your lesson plan book.

6. Make safety a priority in the classroom by establishing and modeling safe chemical handling practices. Set a good example for your students by always wearing appropriate personal protective equipment and performing laboratory procedures in a safe manner. Not only will your actions speak louder than words to your students, but if an injury to a student occurs, their attorney will not be able to use your good practices against you.

7. Use smaller volumes and amounts of chemicals. Smaller chemical quantities result in smaller spills, reduced vapors, and less material for disposal. Smaller chemical quantities also usually result in less severe injuries to your students. Microscale as many labs as possible, particularly those that use volatile or hazardous chemicals.

8. Demand appropriate safety training related to your duty of care in the science classroom. Your school district is responsible for appropriate training to enable you to meet your duty of care in the classroom.

Science laboratories are industrial areas requiring specialized training and knowledge that must be updated

frequently.

9. Do not permit students to use damaged or defective equipment. Damaged or defective equipment can cause serious harm to students. Until the equipment can be repaired, do not use it. If the conditions of your laboratory facility are unsafe, then document the safety issues and do not permit laboratory activities until the conditions are remedied. Perhaps calling the safety issue to the attention of parents, whose students will not receive adequate instruction because of existing unsafe conditions, may achieve quicker resolution of the problem.

10. Do not permit students to take chemicals or any other school equipment home to perform “experiments.” Theft of unlocked chemicals, performance of unauthorized experiments, and unsupervised home experiments expose students to potential injury and teachers to negligence liability.

11. Be proactive rather than reactive (Flinn Scientific, Inc., 2011).

B. What local, state, and federal regulations apply to health and safety in public educational settings?

Local:

The following document, an example of local regulations, was found on the Hilton Central School District website. Generally, this district follows New York State regulations. They have emergency procedures and safety policies that go with New York State regulations. These general safety plans will be applied to every science class, including biology class, in Hilton Central School District.

Hilton Central School District

School Safety and Security Policies and Procedures

Hilton Central School District's Security Department and youth assistants monitor the safety of the school campus everyday.  The issue of safety and security of students has taken on new dimensions in the post-Columbine and post September 11 school environment. New York State Education Department and the N.Y.S. Legislature have renewed efforts to strengthen safety and emergency planning on the part of all school districts in the state as well as increase penalties for crimes such as calling in a bomb threat to a school.   Personal Emergency Preparedness in Monroe County NY

Emergency Preparedness

AMBER Alert - Child Abduction   CODE AMBER  The AMBER Plan is a voluntary partnership between law enforcement agencies and broadcasters to disseminate an urgent bulletin in the most serious child abduction cases.  The Hilton School District will cooperate with law enforcement and broadcasters in the case of a child abduction: Amber Alert. Law enforcement and broadcasters use the Emergency Alert System (EAS), formerly called the Emergency Broadcast System, to air a description of the missing child and suspected abductor.  The goal of the AMBER Alert is to promptly involve the entire communities to assist in the search for and safe return of abducted children.   TO REPORT AN ABDUCTION DIAL 911.  NYS Amber Alert Information

Anti-Bullying Regulation - NYS Dignity for All Students Act - NYS Education Department regulation providing all students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on school property, on a school bus, or at a school function.

Hilton CSD Code of Conduct [includes Plain Language Version] - The Safe School Against Violence in Education [SAVE] and Section 100.2[1] of the Regulations of the Commissioner of Education require that each school district adopt a written policy on school conduct and discipline "designed to promote responsible student behavior."  Each year a public hearing is held in June after which the Hilton Board of Education re-authorizes a K-12 Code of Conduct.  The Code of Conduct applies to all students, school personnel, parents and other visitors when on school property or attending any school function. 

Emergency School Closing Procedure The Hilton Central School District will contact the local media when bad weather or any other emergency situation forces the closing of district schools, the information will be communicated as soon as possible to both TV and radio media including R NEWS CH 9; WROC TV-8; WHEC TV-10;WHAM TV-13; FOX News; WHAM 1180-AM; etc. A message is also placed on the District¹s Main Telephone Number voicemail message, 585-392-1000, as soon as possible. The decision to close school in weather-related situations will normally be made no later than 6:30 a.m. in most cases, prior to the school buses being sent on the road. Most TV and radio stations carry school closing information. When schools are closed for weather-related conditions, all other activities including interscholastic sports; YMCA Child Care; sports practice, athletic events; Aquatic Center, student activities; Community Education; and community-related classes and activities may be cancelled. Cancellation information is included on the 585-392-1000 message for the day.  

Early Dismissal . . . Have a Plan in Place and Be Sure to Communicate this to your Children  In the event of an early dismissal of students during the school day due to loss of power, loss of water, or other emergency situation, there are procedures in place to transport students home. This information will be communicated as soon as possible to both TV and radio media. A message is also placed on the District Main Telephone Number, 392-1000. Each year parents indicate a course of action to be taken on the Emergency Closing Data Card which is completed for all K-6 students, and updated every year for grades 7-12. This will assist you and the schools in making appropriate plans for each child. Please take this opportunity to talk to your child. Make sure your child knows where to go in your neighborhood if the parent or caregiver is not at home.

Monroe County NY Emergency Management - The Monroe County Office of Emergency Management [OEM] executes the County plan for civil defense and disaster relief before, during and after any type of natural or man-made disaster or a wartime situation. In accordance with State Executive Law 213, the office develops and maintains a comprehensive emergency management plan to include preparedness, response and recovery.  It plans and coordinates with government and non-government agencies for rapid response in an emergency, and assists towns and villages in the preparation of their emergency response plans. Staff develops, maintains, and practices an emergency response plan in case of an accident at the Ginna nuclear plant.  Emergency Services receives funds from New York State to support radiological monitoring, communications, shelter/evacuation, and associated emergency services operations. Funds obtained through the New York State Radiological Emergency Preparedness Group from utilities which generate nuclear power are used to enhance County resources. State law (Chapter 708 of the Laws of New York State, 1981) requires the nuclear utilities to finance system enhancements.

New York Alert - http://www.nyalert.gov/  -- disaster preparedness, travel information, terrorism alerts and highway closings, etc. across New York State. 

U.S. Federal Emergency Management Agency

Mental Health Crisis Intervention -- services available in Monroe County, NY.

New York State’s Sex Offender Registry   The NYS Sex Offender Registry helps protect families and communities by requiring sex offenders to register, and providing this information to law enforcement and the public.  Sex offenders are classified by risk level: Level one (low risk); Level two (medium risk); and Level three (high risk). Web page: NYS Level Three Sex Offender Registry

Penalty for False Bomb Threat to Schools  As of 1999, NYS made it a Class E felony for anyone to issue a false bomb threat directed toward a school in New York State.  This law also includes the crime of falsely reporting an incident of an explosion, fire, or the release of a hazardous substance.  Individuals convicted of issuing a bomb threat face felony criminal prosecution, as well as a one-year suspension of their driver's license.  Persons may face youthful offender or juvenile delinquency adjudication.  This new law directs that any bomb threat or falsely reporting an incident unrelated to school grounds is now a Class A misdemeanor. Related legislation was passed permitting municipalities, fire districts, and other emergency service providers to seek restitution costs associated with their response to a bomb threat on school grounds.  The legislation allows for up to $10,000 in restitution to be paid by any individual convicted of reporting a false incident or bomb, and up to $5,000 to be paid by the parents of a child who makes a false report. Parents may make a hardship application to the Court for judgments over $500. This law took effect in July 1999.

Hilton CSD Policy Manual - contains Code of Conduct, etc.

Student Right to Privacy  - FERPA Family Educational Rights and Privacy Act - A Federal law that protects the privacy of student education records, providing certain rights to parents [or students age 18 and older], to review the records, request amendments and give permission to share student information. 

Video Surveillance The Hilton School District and Board of Education continually review practices and procedures from the perspective of building safety and security; student management; and presence of security personnel.  The Hilton Board of Education approved a policy for using video surveillance in school buildings (Hilton Central School District, n.d.).

State: State laws cover broad areas. Section 155.1 “Educational facilities” states that school districts have to provide students with enough facilities and space. This law ensures that biology classrooms have enough facilities and space for students. Section 155.7 “Health and safety in existing educational facilities” talks about safety issues of facilities which are also used in science and biology classes. For example, science teachers should make sure fire extinguishers are accessible in science labs according to this law. Section 155.17 “School safety plans” specifically state regulations related to safety plans and emergency procedures; these regulations have to be followed when accidents occur in general science class or in biology class. Other sections listed below can be also directly and indirectly applied to general science or biology classrooms.

8 NYCRR § 155.1 (2012)

§ 155.1 Educational facilities

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

(a) Each school district shall develop and keep on file a comprehensive long-range plan pertaining to educational facilities. Such plan shall be reevaluated and made current at least annually, and shall include appraisal of the following: the educational philosophy of the district, with resulting administrative organization and program requirements; present and projected pupil enrollments; space use and State-rated pupil capacity of existing facilities; the allocation of instructional space to meet the current and future special education program and service needs, and to serve students with disabilities in settings with nondisabled peers; priority of need of maintenance, repair or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities; and the provision of additional facilities.

(1) The numbers, types, space requirements and pupil capacities of facilities shall be in relation to the present and projected needs of the school district programs, including mandated educational requirements and the current and future special education program and service space needed to serve all students with disabilities.

(2) Pupil enrollment projections shall be based on a school district census projection of each grade level. Elementary grade enrollments, kindergarten through sixth grade, shall be projected a maximum of five years. Secondary grade enrollments, seventh through twelfth grade, shall be projected a maximum of 10 years.

(3) Educational specifications for the erection, enlargement, remodeling or initial use of educational facilities shall be submitted to the commissioner. Such specifications shall be based on the comprehensive long-range plan of the district and shall include the educational philosophy of the project, description of educational program, including activities to be conducted and related space and facilities requirements; and description of innovative or experimental concepts or features which may be included.

(4) Each school district shall prepare a five-year capital facilities plan no later than July 1, 2001, and shall update such plan annually. Such plan shall be prepared in a manner and in a format prescribed by the commissioner and copies of such plan shall be submitted to the commissioner upon request. Such plan shall include, but shall not be limited to:

(i) a breakdown for each of the five years of the plan of the estimated expenses for the following:

(a) current or proposed new construction ranked in priority order;

(b) current or proposed additions to school facilities ranked in priority order;

(c) current or proposed alterations or reconstruction of school facilities ranked in priority order;

(d) major repairs ranked in priority order;

(e) major system replacement and repairs, and maintenance ranked in priority order; and

(f) energy consumption;

(ii) a districtwide building inventory which shall include, but shall not be limited to:

(a) the number and type of facilities owned, operated or leased by the district;

(b) the age, enrollment, rated capacity, use, size and the safety rating of such buildings as determined pursuant to the provisions of 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; and

(e) need for major system replacement and repairs, and maintenance; and

(f) summary of the triennial asbestos reports required pursuant to the Asbestos Hazard Emergency Response Act (AHERA) regulations, 40 CFR Part 763 (Code of Federal Regulations, 1998 Edition, Superintendent of Public Documents, U.S. Government Printing Office, Washington, DC 20402; 1998; available at Office of Facilities Planning, Education Building Annex, Room 1060, State Education Department, Albany, NY 12234); and

(g) any other information which may be deemed necessary by the commissioner to evaluate safety and health conditions in school facilities.

(b) Facilities shall be designed and constructed to provide for the health and safety of occupants, with consideration of educational and planning efficiency, conservation of natural resources, practicality, and initial and long-range economy, and shall support an environment within the facility which is conducive to learning.

(1) Design of a facility shall provide space layouts and number, size and arrangement of exit facilities that will insure prompt escape of occupants from a hazard to life safety.

(2) Visual environment of a facility.

(i) Adequate levels of illumination, consistent with efficient energy consumption, shall be provided in each area of a facility for the tasks being performed.

(ii) Natural and artificial lighting shall produce a controlled environment of balanced brightness, free from objectionable glare.

(iii) Teaching areas shall have fenestration which permits a view of the exterior, unless otherwise approved by the commissioner.

(iv) Teaching spaces shall be properly proportioned as to size and shape of room, including ceiling height.

(v) Color, finishes, lighting, furnishings and related items shall reasonably be combined to provide an aesthetic learning environment.

(vi) A report that new installations and replacements of mercury vapor or metal halide lamps are of a fail-safe type which self-extinguish if the shielding of the lamp is broken, cracked or removed shall be included in the annual fire inspection report filed pursuant to Education Law, section 807-a. If such fail-safe type lamps are unavailable, the report shall state that an ultraviolet radiation-absorbing shield has been provided for each new or replacement mercury vapor or metal halide lamp, in accordance with the provisions of section 409-b of the Education Law.

(3) Thermal environment of a facility. (i) Controlled heating and ventilation shall be provided and maintained in all areas to produce conditions suitable for the varying activities that take place in the various areas by systems providing efficient consumption of energy.

(ii) Each teaching space shall be provided with a controlled supply of fresh air and shall have sufficient air changes to produce healthful conditions and avoid odors or build-up or concentrations of toxic substances or dust particles.

(iii) When teaching spaces cannot be provided with an adequate thermal environment by ventilation as determined by the commissioner, provision for cooling may be required by the commissioner.

(4) Sanitation. (i) Water shall be safe and potable, from an approved source, and shall be dispensed within a facility from sanitary drinking fountains.

(ii) Toilet rooms shall have an adequate number of proper fixtures.

(iii) Sanitary sewers shall be connected to a municipal sewage system or an approved onsite disposal system.

(c) Sites for the erection or enlargement of facilities shall be approved by the commissioner, provided they have been selected with reasonable consideration of the following factors:

(1) size and location of a site shall be consistent with the long-term building plans of the district;

(2) sites shall be educationally adaptable with consideration for situation of building and development of the grounds for outdoor educational program and related activities, without excessive initial or development costs, and shall provide the following minimum usable acres, unless otherwise approved by the commissioner:

(i) elementary schools (kindergarten through sixth grade): three acres base plus one acre for each 100 pupils or fraction thereof;

(ii) secondary schools (7th through 12th grade): 10 acres base plus one acre for each 100 pupils or fraction thereof;

(3) sites shall be developed to conserve natural resources and avoid environmental problems within the limits of the educational program. Care shall be taken to insure that the site and facilities thereon are consistent with and contribute to the school and community environment and provide for the health and safety of occupants.

(d) Inspection of facilities. (1) Structural safety inspections. Structural safety inspections occurring on or before October 7, 1999 shall be conducted pursuant to the provisions of this subdivision. To insure that all facilities occupied by students are properly maintained and preserved and provide a suitable educational setting, the board of education of each school district shall cause such facilities owned by the district to be inspected in accordance with section 409-d of the Education Law and this paragraph. A visual inspection of structural elements of all school buildings occupied by students shall be conducted annually.

(i) (a) In districts other than city school districts in cities having 125,000 inhabitants or more, annual structural inspections:

(1) shall include, but not be limited to, inspection of exterior wall components, doors, windows, retaining walls, roofs and interior building components for evidence of movement, deterioration and structural failure;

(2) shall be conducted by a team which is composed of at least the director of facilities, the building custodian and a code enforcement official; and

(3) shall be made prior to the 30th day of June of each school year.

(b) In city school districts in cities having 125,000 inhabitants or more, the visual structural inspection shall be conducted in accordance with standards established by the board of education of such city school district and submitted to the commissioner for approval.

(c) Annual visual safety inspections shall be made prior to the 30th day of June of each school year. Reports of such inspections shall be retained in district files for six years after the building no longer exists, but not less than twenty-one years, whichever is longer. Such reports shall be available to the public on request.

(ii) When a visual structural inspection discloses evidence of a possible defective structural condition, a licensed architect or licensed professional engineer shall be retained immediately to inspect the condition and ascertain if structural modifications are necessary. The architect or engineer shall present a written report of all findings to the board of education, which shall act to correct any defective structural conditions.

(iii) Building aid computed pursuant to paragraph (d) of subdivision 6 of section 3602 of the Education Law is available for inspections by a licensed architect or engineer which result from the annual visual structural inspection of a building if no claim for building aid for such an inspection in such building has been filed in the previous five years. The apportionment of such building aid for each school building so inspected by a school district in the base year shall not exceed the lesser of: the product of the building aid ratio and the actual cost, or the structural inspection aid ceiling computed by the commissioner. For aid payable in the 1993-94 school year and thereafter, the structural inspection aid ceiling shall be the sum of $ 10,000 plus an additional amount computed as follows:

(a) The monthly indices for the costs of labor and material determined by the New York State Department of Labor, adjusted for the base month of July 1993, shall be used to compute such additional amount. The commissioner shall compute an index number which shall equal the positive remainder resulting when one is subtracted from the quotient of the Department of Labor index for July of the current year divided by the Department of Labor index for July 1993.

(b) The additional amount shall be the positive result of the product of $ 10,000 and the index number computed pursuant to clause (a) of this subparagraph for the month of July in the current year.

(iv) Reports of structural inspections by the licensed architect or engineer shall be submitted to the commissioner together with any claim for building aid. For districts other than city school districts in cities having 125,000 inhabitants or more, copies of the reports shall also be submitted to the appropriate district superintendent of schools. A claim for building aid shall be made, in a form prescribed by the commissioner, within six months of the date of the architect's or engineer's report, for aid payable in the following school yea

8 NYCRR § 155.2 (2012)

§ 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[1] or more, and for all projects affecting the health and safety of pupils.

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

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(1) Documentation in such quantity and format as prescribed by the commissioner, including plans and specifications, addenda and change orders, shall be submitted to the commissioner for approval in accordance with procedures set forth by the commissioner. When approved, such documentation shall be retained by the department. A commissioner's approval letter referencing such documentation shall be sent to school authorities. School authorities shall maintain approved documentation, including copies of approved plans and specifications, addenda, change orders, and the associated commissioner's approval letter, for permanent filing.

(i) Plans and specifications shall conform to the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) and to this Part, and shall show in detail requirements of design and construction, space layout, circulation and exiting facilities, smoke and fire control, accident protection, visual and thermal environment and related electrical and mechanical work, and sanitation and related plumbing work which insure the health, safety and comfort of occupants of the facility.

(ii) Materials, equipment and types of construction which may endanger the health, safety and comfort of occupants shall not be used.

(iii) Construction materials, details and workmanship shall conform to generally accepted standards as determined by the commissioner.

(iv) Specifications for construction shall allow for equivalencies and shall not require the base bid to be based only on the materials or products specified.

(v) Specifications for construction shall require that contractors or suppliers furnishing mechanical equipment shall instruct the governing body of the school district or board of cooperative educational services or its representative in the proper operation and service of all such equipment at the time of completion and before acceptance of the building by such governing body.

(vi) Should accounting, tabulation or computer equipment be requested as original equipment, the plans and specifications shall conspicuously identify the areas or spaces for the installation of such equipment. Such plans and specifications shall contain a description of the equipment, its estimated costs, the need for and purpose of such equipment, a description of the space required to house the equipment, including the proposed pupil capacity of such space, and a description of the integral relationship between the construction work and the equipment. Such equipment shall not be approved for purposes of building aid computed pursuant to section 3602(6) of the Education Law, when located outside the constructed or reconstructed space or when not shown to have a direct integral relationship to the construction work.

(2) Plans and specifications for portions of facilities which require approval by other departments of the State shall be approved by the appropriate agencies having jurisdiction as a condition of commissioner's approval of plans and specifications of a facility. All plans and specifications for the creation of new instructional space must be accompanied by commissioner approval, on a form prescribed by commissioner, that ensures that such plans and specifications are consistent with the region's special education space requirements plan developed pursuant to section 200.2(g) of this Title.

(3) Decisions regarding compliance of plans and specifications with this section shall be determined by the commissioner.

(4) Plans and specifications submitted to the commissioner shall bear the signature and seal of an architect or engineer licensed to practice in the State of New York. The architect or engineer who sealed the plans and specifications shall also certify that the plans and specifications conform to the standards set forth in the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250) and the State Energy Conservation Construction Code (9 NYCRR Parts 7810 through 7816).

(5) Upon approval of plans and specifications, the commissioner will issue a building permit subject to the following qualifications:

(i) During construction, the project shall be properly supervised by a licensed architect or engineer.

(ii) The building permit may be revoked by the commissioner in the event of violations of the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250), this Part or other safety standards imposed by law or regulation.

(6) Following completion of the project or a substantial portion thereof, the architect or engineer shall certify to the commissioner that the project was completed in conformance to the State Uniform Fire Prevention and Building Code (9 NYCRR Parts 600 through 1250), this Part, and plans and specifications for the project which were previously approved by the commissioner.

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

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

(e) (1) For each project for which a certificate of substantial completion is issued on or after April 1, 1995, all school districts, including a city school district having one million inhabitants or more and all boards of cooperative educational services, shall submit to the Commissioner a final cost report for the project by June 30 of the school year in which the certificate of substantial completion of the project is issued by the architect or engineer, or six months after issuance of such certificate, whichever is later. For projects for which a certificate of substantial completion is issued prior to April 1, 1995, the deadline for submission of a final cost report for the project shall be October 1, 1995.

(2) The commissioner may grant one or more extensions of the applicable deadline for submission of a final cost report pursuant to this section, upon a finding that the district is unable to complete the final cost report by the prescribed date because of circumstances beyond the control of the district. Each extension may be granted for a period of up to one year.

8 NYCRR § 155.3 (2012)

§ 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 (l) 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.

8 NYCRR § 155.4 (2012)

§ 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.

(l) 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 (l) 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 exemplary 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.

8 NYCRR § 155.5 (2012)

§ 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.

(l) 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 they are 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.

(1) 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.

8 NYCRR § 155.7 (2012)

§ 155.7 Health and safety in existing educational facilities

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

(a) Exits. (1) There shall be at least two means of egress remote from each other, leading from each floor occupied by pupils, including basements.

(i) When pupils enter into a corridor, there shall be a choice of two unobstructed means of egress in different directions.

(ii) Handrails shall be provided on at least one side of stairways, and on both sides of stairways 88 inches or more in width.

(iii) There shall be no storage under any stairs or landings unless the enclosure is of approved fire-resistant construction.

(iv) Provision of fire escapes of approved design may be required where other exits are determined to be inadequate for fire safety.

(2) Dead-end corridor pockets shall not exceed a maximum depth of 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: "MAXIMUM OCCUPANCY --3" high, 3/4" stroke

NOT TO EXCEED --2" high, 1/2" stroke

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

(8) Courtyards with completely enclosed perimeters are areas of possible pupil occupancy and must be provided with exits as a space of pupil occupancy and as follows, unless otherwise approved by the commissioner:

(i) Enclosed courts up to a 700-square foot area shall have at least one exit equipped with hardware of a type which will always permit the door to be opened from the court side without the use of a key.

(ii) Enclosed courts of more than a 700-square foot area shall have at least two exits, remote from each other, equipped with hardware of a type which will always permit the door to be opened from the court side without the use of a key.

(9) Hardware. (i) All door hardware from spaces of pupil occupancy shall be of a type that will always permit the door to be opened from within the space without the use of a key.

(ii) All exterior and interior doors in exitways, and exit doors from places of assembly shall have panic hardware, except that panic hardware is not required for push/pull interior exit doors if these doors have nonlatching hardware. Panic hardware shall not be required for exterior corridor doors serving less than three classrooms or for doors serving only service areas such as boiler room, kitchen or storerooms.

(iii) Exit doors shall not be locked or chained or otherwise rendered inoperable from the inside at any time.

(b) Smoke and fire control. As used in this subdivision, the terms Class "A", "B" or "C" refer to types of construction which are defined by subdivision 11 of section 11 of the Local Finance Law.

(1) In Class "B" and Class "C" buildings of two stories or more, unless otherwise approved, stairs shall be enclosed at each floor level and every floor shall be separated from levels above and below by stair enclosures and/or smoke barriers constructed to obstruct effectively the passage of smoke and fumes, or every space of pupil occupancy shall be provided with direct exit to the exterior. In appropriate instances, alternate means of egress may be required and stairway enclosures in Class "A" construction may be required.

(2) Class "B" and Class "C" buildings shall not have places of assembly above the first floor, except in a Class "B" building a written exception may be granted where it is determined by the commissioner that adequate exits exist.

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

(4) Stairway enclosures required by paragraph (1) of this subdivision and smoke barriers required by paragraph

(5) of subdivision (a) of this section shall be constructed of noncombustible materials of such design and detail to obstruct effectively the passage of smoke and fumes.

(i) Doors in stair enclosures and smoke barriers shall be metal, metal covered, approved treated wood construction, or solid bonded core wood doors not less than 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 sidelight will deter approach;

(iv) where sidelights are supported on 18-inch minimum height opaque sill and wall construction;

(v) where sidelights are protected by approved 18-inch minimum height permanent barriers such as benches, planters or guardrails, extending across at least two thirds of the sidelight.

(3) Window cleaning. Safety provisions shall be made for persons engaged in window cleaning. Windows shall be cleaned from approved safe surfaces, windowsills or ledges, boatswain's chairs or scaffolds, all as defined in Part 21 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

(i) A safe surface is a place where the cleaner is working not over six feet off the floor or grade and not over three feet above a stair run. Ladders may be used generally when the top of the window is not over 35 feet above grade or floor. Windowsills and ledges may be used when the window openings are provided with approved anchors for use with safety belts. Approved boatswain's chairs and scaffolds also may be used.

(d) Mechanical. Mechanical equipment, heat-producing and cooling equipment, auxiliary apparatus and controls, and installation and use of same, shall be such as will insure safe operation in accord with applicable recognized standards, as determined by the commissioner, and be consistent with efficient energy consumption.

(1) Gas and oil fuel-burning equipment having a capacity of over 400,000 BTU per hour shall be provided with electronic flame safeguard controls which, upon flame failure, shall normally respond in two to four seconds to cut off fuel supply through the burner and main fuel valve.

(2) All primary controls for fuel-burning equipment shall operate on a 120-volt, single-phase grounded circuit. Such controls generally include the hold-in coil of the motor starter, the solenoid coil for the pilot valve, the solenoid coil for the main fuel valve or the actuator for the motorized fuel valve, the ignition transformer and the modulator transformer.

(3) Direct-fired fuel-burning heating units shall not be used in any space of pupil occupancy.

(4) Unused duct work shall be sealed off at each floor level with fire-resistive materials.

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

(e) Water and sanitation. (1) An adequate supply of safe, potable water for drinking shall be dispensed from approved sanitary drinking fountains.

(2) Toilet rooms for boys and girls, with flush toilets and wash sinks which are connected to an adequate water supply under pressure, and connected to an approved individual or public sewage disposal system, shall be provided.

(3) No source of water supply, nor sewage disposal system, shall be used which has not been approved by the appropriate agency of the State Department of Health or Department of Environmental Conservation.

(f) Gas. (1) Gas entering a school building shall be low-pressure gas.

(2) Gas transmission and distribution piping shall meet the requirements of the Public Service Commission.

(g) Electrical. Electrical equipment and auxiliary apparatus and controls, and installation and use of same, shall be such as will insure safe operation in accord with applicable recognized standards, as determined by the commissioner, and be consistent with efficient energy consumption.

(1) Suitable and sufficient artificial light shall be provided for the visual tasks being performed.

(2) Exit lights. School buildings shall be provided with exit lights to identify building exits, stairs, corridors, and exits from places of assembly, and to designate the path of travel to the exterior, except school buildings having six or less classroom areas may have exit signs in place of exit lights.

(i) The word "EXIT" shall be in letters not less than 4-1/2 inches high and strokes not less than 3/4 inches wide.

(ii) Exit lights shall be circuited and wired to minimize the possibility of interruption.

(3) Emergency lighting. Automatic emergency lighting systems shall be provided for places of assembly exceeding an area of 1800 square feet, and for all exitways leading from such areas. Such areas include all-purpose rooms, auditoriums, cafeterias, group-instruction rooms, playrooms and gymnasiums, swimming pools and other combination places of assembly.

(4) Fire alarm. (i) School buildings of seven or more classroom areas shall be equipped with a manually operated electric fire-alarm system, which may include automatic smoke and/or fire detection, which will continue to sound the alarm until the tripped station has been restored to normal operation or, in an existin