Page 2 of 15
Table of Contents
Introduction .................................................................................................................. 3
SUBMISSION PROCESS .............................................................................................. 3
I. Legal Foundations .................................................................................................. 4
New York State Law ............................................................................................ 4
Regulations of the New York State Commissioner of Education ......................... 4
2020 Fire and Building Codes of New York State ................................................ 4
II. Inspector Qualifications ......................................................................................... 4
FIRE SAFETY INSPECTION PROCESS ....................................................................... 5
I. Documentation of Annual Inspection Request .......................................................... 5
and Explanation of Denial (as needed) ..................................................................... 5
II. The Inspection Process............................................................................................. 5
III. The Post-Inspection Process .................................................................................... 6
Notice of non-conformances to fire department (as needed) ................................... 6
IV. Providing Public Notice of Inspections ...................................................................... 6
THE FIRE AND BUILDING SAFETY INSPECTION REPORT ...................................... 7
I. General Information, History and drill reporting info .................................................. 7
II. Fire-Safety Inspection Non-Conformance Code Reference Checklist ................. 8-14
III. Certifications ........................................................................................................... 15
Page 3 of 15
Introduction
This manual provides guidance for New York State non-public school authorities and code
enforcement officials pertaining to the requirements for annual fire and building safety
inspections of non-public school facilities.
The intent of the annual inspection is to verify that buildings comply with State Education Law,
the regulations of the Commissioner of Education, and applicable sections of the New York State
Uniform Fire Prevention and Building Code.
Step-by-step instructions for the planning, inspection, post inspection, and documentation
requirements are included in this manual. This document has been updated to reflect
significant changes in the submission process for annual fire reports to the New York
State Education Department (NYSED), The requirements in this manual are in conformance
with the 2020 Fire Code of New York State, 2020 Building Code of New York State and the
2020 Property Maintenance Code of New York State (effective May 12, 2020).
NOTE: Only non-public school student-occupied facilities must be inspected (classroom
buildings, dining halls, dormitories, etc.)
SUBMISSION PROCESS
• All non-public schools are required to annually submit the results of the fire and building safety
inspections to the NYSED Office of Facilities Planning. This year the submission process is being
allowed electronically via the NYSED Application Business Portal. The Portal is protected from
unauthorized use with secure user IDs and passwords. See: http://portal.nysed.gov
• The new reporting process includes an annual requirement that all non-public schools verify the
ownership and use of all buildings they occupy as documented within the portal. If there are
additional buildings owned & occupied by the non-public school how will this be handled?
• Updated Certificates of Occupancy must be obtained from the local code enforcement office and
posted as required. Non-public schools fall under the building code jurisdiction of the local municipal
code enforcement office.
• The revised 2020 Nonpublic Fire and Building Safety Inspection Report is available on our website:
http://www.p12.nysed.gov/facplan/FireSafety/fire_safety_report_homepage.html
Reminder: using the NYED Application Business Portal is the preferred method of submission;
original paper copies will still be accepted by mailing them to The State Office or Religious and
Independent Schools (SORIS)
The submission of the fire safety report, described herein and required by Education Law 807-a,
does not apply to private schools with less than 25 students or schools located in the cities of New
York, Buffalo, Rochester, Syracuse and Yonkers. In those cities and locations private schools shall
conduct fire inspections and file reports with the city or local code authority in accordance with Title
19 NYCRR Chapter XXII and local regulations.
UPDATED
October 2020
Page 4 of 15
I. Legal Foundations
New York State Law
New York State Education Law Section 807-a states that it is the duty of nonpublic school
authorities to cause buildings for student use to be inspected at least annually for fire hazards
which may endanger the lives of students, teachers and employees therein. The report shall be
filed with the Commissioner of Education. Section 807-a was amended, effective February 15,
2020 and this revised manual reflects all revisions enacted and included in S-4663--B.
Regulations of the New York State Commissioner of Education
While most requirements included within the New York State Commissioner of Education
Regulation 8 NYCRR Part 155 apply only to public schools and boards of cooperative
educational services (BOCES), Section 155.25 applies to all schools including nonpublic and
charter schools.
• 155.25 Safety Requirements for Electrically Operated Partitions
Regulation related to electrically operated partitions, room dividers, and curtains.
2020 Fire and Building Codes of New York State (effective May 12, 2020) The applicable
provisions of this code are 19 NYCRR Part 1221, 2020 Building Code of New York State, 19
NYCRR Part 1225, 2020 Fire Code of New York State, and Part 1226, 2020 Property
Maintenance Code of New York State. The online version of the code is available on the New
York State Department of State - Division of Building Standards and Codes website:
https://www.dos.ny.gov/dcea/
II. Inspector Qualifications
This annual inspection must be conducted to verify that each student occupied building complies
with New York State Education Law Section 807-a, select Commissioner’s regulations, and
applicable sections of the New York State Uniform Fire Prevention and Building Code.
School authorities shall cause any fire inspection per Education Law Section 807-a to be made
by one of the following methods or any combination of such methods:
• 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.
• Requesting inspection by the county fire coordinator, or the officer performing the powers and
duties of a county fire coordinator pursuant to the local law, of the county in which the building
is located, or by any deputy county fire coordinator or deputy if such other officer so performing
the powers and duties of a county fire coordinator, if the building is located outside a city, town,
village, or fire district, which has its own fire department and outside the area described in the
certificate of incorporation of any fire corporation that is subject to the provisions of Section 1402
of the not-for-profit law.
• Requesting inspection by a fire inspector, who holds a valid certification.
UPDATED
October 2020
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FIRE SAFETY INSPECTION PROCESS
New York State Education Law Section 807-(a)(1) requires inspections for nonpublic school
buildings containing classroom(s), dormitory, laboratory, physical education, dining, or
recreational facilities for student use. New York State Education Law Section 807a requires that
regardless of the method used to accomplish the inspection, the authority making the inspection
shall file the report with school authorities no later than the first day of December each year.
I. Documentation of Annual Inspection request & explanation of denial (as needed)
In accordance with State Education Law Section 807-a (revised) paragraph 3 (b) After
having been requested to do so, if any fire department, certified fire inspector or fire
corporation shall fail or refuse to make a fire safety inspection promptly, the request shall
be denied in writing to the school authorities; with an explanation of why such request was
denied. In no event, may an authority (otherwise required by law to conduct fire inspections
within a municipality) or a county fire coordinator, refuse a request by a school authority for
such inspection.
II. The Inspection Process
a)
School officials must complete Part I of the Fire and Building Safety Report
annually.
b)
Inspectors must be provided with a copy of previous year’s inspection report.
c)
Inspectors must provide the results of the current year’s inspection to school officials
for Part II of the Fire Safety Report.
• The inspector should use “Appendix C – Fire Safety Inspection Code Reference Checklist”
for each building as the inspection is conducted.
• It is strongly recommended that a school administrator or their designee accompany the
inspector.
• Nonconformances discovered during the inspection represent violations of the minimum
standards of fire and building safety required by the 2020 Fire Code of New York State, the
2020 Property Maintenance Code 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.
• The inspector is to record all nonconformances for each violation observed. Wherever
possible, all such violations shall be corrected immediately. The inspector shall give the
school official a list of locations of nonconformances.
UPDATED
October 2020
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III. The Post-Inspection Process
ALL nonconformances (deficiencies) shall be promptly remedied. The remedy for some
nonconformances may involve structural modifications or services of outside vendors.
Clearly such matters may require time to correct, however these nonconformances still
violate the minimum standards for the fire and building safety and must be corrected without
undue delay.
Pursuant to State Education Law, Section 807-a 5 (e), if the report shows any alleged
deficiencies or non-conformances, the school authorities shall provide the details of such
deficiencies to the local government that administers and enforces the Uniform Fire
Prevention and Building Code for the municipality in which the building is located.
IV. Providing Public Notice of Inspections
In accordance with Education Law, Section 807-a 5 (b) and (c), within 20 days of filing the
report with the State Education Department, school authorities shall cause public notice of
the filing of the report to be given in substantially the following form:
“Notice is hereby given that the annual inspection for … (year) of the … school building (or of
the … and … school buildings) of (name of nonpublic school) for fire hazards which might
endanger the lives of students, teachers, employees therein, has been completed and the
report thereof is available at the office of (nonpublic school) at … for inspection by all
interested persons.”
If the inspection was not made by the local fire department responsible for fire protection of
the building, a copy of such notice shall be mailed to the chief of that fire
department/company.
The school authorities shall cause such notice to be published on the school’s website
or at least once in a newspaper having general circulation in the postal area in which the
school is located. If there is no newspaper having general circulation in the postal area, the
school authorities shall post notice in ten conspicuous places in the postal area. Proof of
posting or publication of such notice and the mailing of a copy of such notice to the fire chief
shall be filed in the school’s office.
UPDATED
October 2020
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THE FIRE AND BUILDING SAFETY INSPECTION REPORT
The Manual for Non-public School Facility Fire and Building Safety Inspections is available
on the State Education Department’s Office of Facilities Planning web site at:
www.p12.nysed.gov/facplan. It is also available at: www.p12.nysed.gov/nonpub.
Appendix C of this manual, the Fire Safety Inspection Code Reference Checklist, shall be
used as a reference during the inspections.
Part I – General Information and Fire/Life Safety History
This section must be completed annually.
Part II-B: Non-public Fire Safety Non-Conformance Report Sheet
This section must be completed annually by all non-public schools.
Part III: Non-public Certifications
This section applies to all inspected buildings. The administrator, director, or headmaster must
be aware that in signing the report, they are certifying that:
Public notice of report availability has been published, and that:
o Any non-conformances noted as corrected on this report were corrected, and that;
o For uncorrected nonconformances that appear on this report, the school authorities, shall
provide the details of such deficiencies to the local government that administers and enforces
the uniform fire prevention and building code for the municipality in which the building is located.
UPDATED
October 2020
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Appendix C - Fire and Building Safety Inspection Code Reference Checklist
Part II – Fire and Life Safety Standards
Section II – B
Commissioner of Education Regulations (8 NYCRR 155.25)
8. Electrically Operated Partition (if N/A or electrically disconnected and locked out – go to Section 9)
Code/Points
Description
A-2
Partitions are operated by two key operated, tamperproof, constant
pressure, switches wired in series, remotely located at opposite ends and
opposite sides of, and in view of, the partition.
B-2
The partition is capable of being reversed at any point in the extend or stack
travel cycle.
C-2
Device(s) are provided for all partitions that will stop the forward or backward
motion of the partition and stop the stacking motion of the partition when a
body or object passes between the leading panel of such partition and a wall
or other termination point, or when a body or object is in the stacking area
of such partition.
D-2
Appropriate and conspicuous notice regarding the safe and proper
operation of the electrically operated partition, required training, and
supervision of students is posted in all partition operator locations.
E-2
Records of inspection, testing, and maintenance of electrically operated
partitions are available for review. Records verify that maintenance was
performed in accordance with the manufacturer’s instructions and
recommended service interval.
2020 Fire Code of New York State
9. General Fire and Safety Provisions
Code/Points
Description
Code Section
A-2 Combustible waste and vegetation shall not create a hazard F304
B-2
Open flames are prohibited except in supervised science and technology
labs
F308.2
C-1 Storage in buildings in orderly. F315
D-1
Storage ceiling clearance of 24 inches is maintained in non-sprinklered
areas of buildings or 18 inches below sprinkler head deflectors in
sprinklered areas of the building
F315
F-2
Combustibles are not stored in boiler rooms, mechanical rooms, or
electrical equipment rooms.
F315
G-2
Fueled equipment shall not be stored, operated or repaired within a
building.
F313
UPDATED
October 2020
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10. Emergency Planning and Preparedness
Code/Points Description
Code
Section
A-2
Fire safety and evacuation plans are prepared, maintained, and available
for review.
F403
F404
B-2 Safety Data Sheets (SDS) are complete and available on premises. F407
C-1 Hazardous material containers and rooms are properly identified. F407
D-1 Records of hazardous material inventory statements are provided. F407
11. Fire Service Features
Points Description
Code
Section
A-2
Fire apparatus access roads are maintained and unobstructed.
(NOTE: Gates are permitted)
F503
B-1 Flat roofs, less than 30 degrees, are free from obstruction. F316
C-2
Private fire service hydrants, mains, and tanks are properly maintained and
tested.
F507
D-2 Fire hydrants are maintained free from obstruction. F507
E-1 Fire protection equipment and locations are identified and maintained. F509
12. Building Services and Systems
Points Description
Code
Section
A-1 Equipment access is maintained. F603
B-3 Portable unvented heaters are prohibited F603
C-2 Above-ground gas meters are protected from damage. F603
D-2
Records of inspection, testing, and maintenance of emergency and standby
power systems are maintained on premises and are available for inspection.
F1203
E-1 No electrical system hazards observed or reported. F604
F-1 Service equipment areas are adequately illuminated. F604
G-1 Electrical service and branch equipment working space is unobstructed. F604
H-1 Electrical room doors and all disconnects are identified. F604
I-1 Unapproved multi-plug adapters are not used. F604
J-1 Extension cords are properly used; not a substitute for permanent wiring. F604
K-1 Outlet, switch, junction boxes, and wire splices are covered. F604
L-1
Refrigeration systems are accessible, properly labeled, and records of
periodic testing are available on premises.
F605
UPDATED
October 2020
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12. Building Services and Systems (con’t.)
Non-
Conformance
Points
Description
Code
Section
M-1 Approved elevator emergency signs are provided. F606
N-1
Emergency elevator keys are properly located in an approved location
for immediate use by the fire department.
F606
O-2
Heating equipment, chimneys, and vents are maintained and are in
proper
working order.
F603
13. Commercial Kitchen Hoods
code/points Description
Code
Section
A-2
Kitchen hood is provided and maintained at commercially used equipment
capable of producing grease vapors or smoke.
F607
B-2
Hood fire extinguishing system, where provided, is maintained and serviced
in accordance with Section F904 of the 2015 IFC.
F607
14. Fire Resistance Rated Construction
code/points Description
Code
Section
A-2 Fire resistance rating of rated construction is maintained. F703
B-2
Opening protectives are properly maintained and are not blocked or
made inoperable.
F704
C-2
Doors requiring closers are not rendered inoperable by removal of the
closer of the installation of any non-automatic hold open device.
F705
D-1
Records of annual inspections of sliding and rolling fire doors are
available.
F705
E-1
Swinging fire & smoke doors close AND latch automatically from any
position
F705
15. Decorative Material and Furnishing
Code/points Description
Code
Section
A-2 Furnishings do not obstruct or obscure exits. F807
B-1
Storage of clothing and personal belongings in corridors and lobbies is
compliant
F807
C-2
Artwork and teaching materials are limited to not more than 20% of the
corridor wall area.
F807
D-2
Curtains, drapes, hangings, and other decorative materials suspended
from walls or ceiling shall comply with Section 807.4 and shall not
exceed 10% of the specific wall or ceiling to which they are attached
F807
E-1
Artwork and teaching materials in classrooms limited to not more than
50% of the specific wall area to which they are attached
F807
UPDATED
October 2020
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16. Fire Protection Systems
code/points
Description
Code Section
A-2
Fire detection, alarm, and extinguishing systems are operative; and
inspection, testing, and maintenance records are maintained and available
for review on premises.
F901
B-2
Portable fire extinguishers are located in a conspicuous location, are
readily accessible, are not obstructed or obscured, and are maintained in
accordance with this section and NFPA.
F906
C-2
Fire pumps are inspected, tested, and maintained in accordance with this
section and NFPA 25 and records are available on premises for review.
F913
D-2
Carbon Monoxide detection and alarm systems are operative and
maintained in accordance with Code; and records are available for review
on premises.
F915
17. Means of Egress
Code/points
Description
Code Section
A-3 The required capacity of means of egress is free of obstructions. F1031
B-2 Exterior exits are free from obstruction, including ice and snow. F1031
C-2
Curtains, drapes, and decorations shall not be placed to obstruct exits or
visibility thereof.
F1031
D-2 Exit signs are provided in rooms or areas which require two or more exits. F1013
E-1
Exit sign placement shall be such that no point in an exit access corridor
is more than 100 feet from the nearest visible exit sign.
F1013
F-3
Doors shall be readily operable from the egress side without use of a key
or special knowledge or effort. Electromagnetic locking devices are not
allowed.
PM702.3
G-1
Occupant load is conspicuously posted in all assembly spaces where
occupant load exceeds 49 persons.
F1004
H-2 Means of egress are provided with emergency lighting. F1104.5
I-2
Tactile signs stating “EXIT” and complying with ICC/ANSI, A117.1 are
provided adjacent to each door to an egress stairway.
F1013
J-1
Aisles are provided in all occupied spaces containing seats, tables,
furnishings, displays, and similar fixtures of equipment and are
unobstructed at all times.
F1104.23
K-1 Stairways that travel below the level of exit discharge are clearly defined. F1104.21
L-1
Required exit signs are provided with emergency illumination.
F1104.3
18. Flammable Finishes
Code/points
Description
Code Section
A-2 Electrical wiring and equipment in spray areas shall be explosion proof. F2403
B-2
“No Welding” signs shall be posted in the vicinity of the paint spraying
areas and paint storage areas.
F2403
C-2
Portable fire extinguishers rated for high hazard shall be provided in paint
spraying areas.
F2404
D-2
Spraying areas, exhaust fan blades, and exhaust ducts shall be kept free
from the accumulation of deposits of combustible residues.
F2403
UPDATED
October 2020
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19. Motor Fuel- Dispensing Facilities & Repair Garages
Code/points
Description
Code Section
A-3
An approved, clearly identified and readily accessible emergency
disconnect switch shall be provided for fuel dispensers and distinctly
labeled “Emergency Fuel Shutoff.”
F2303
B-2
Approved fire extinguishers, with a minimum rating of 2-A: 20-B:C, shall
be located within 75 feet of pumps, dispensers, and storage tanks.
F2305
C-1
Approved warning signs shall be posted in the fuel dispensing area.
F2305
D-1
Daily inventory records are maintained for underground fuel storage tanks.
F2306
E-1 Above-ground tanks are protected from impact by motor vehicles. F2306
F-1
Sources of ignition shall not be located within 18 inches of the floor in
repair garages.
F2311
G-1 Appropriately rated fire extinguishers are provided in repair garages. F2311
H-2
A non-coin operated telephone or other means to notify the fire
department is provided on-site.
F2304
20. Welding and Other Hot Work
Code/points Description
Code Section
A-1 Hot work is conducted in areas designed or authorized for that work. F3501
B-1 Combustible materials are protected to prevent ignition. F3504
C-1
Fire extinguishers with a minimum 2-A:20-B:C ratings are located within
30 feet of hot work area.
F3504
21. Hazardous Materials
Code/points
Description
Code Section
A-3
The storage, use & handling of all hazardous materials are in accordance
with Fire Code Section 5003.
F5003
22. Compressed Gases
Code/points
Description
Code Section
A-3 Compressed gas containers are marked in accordance with CGA C-7. F5303
B-3 Compressed gas containers are secured and protected. F5303
C-3 Protective caps, plugs, or devices are in place. F5303
UPDATED
October 2020
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23. 2020 Property Maintenance Code of New York State
Code/points Description
Code Section
A-1
Required equipment systems, devices, and safeguards are maintained in
good working order.
PM106
B-1
Non-required equipment, devices, and systems are maintained in good
working order or removed.
PM106
C-1
All exterior property and premises shall be maintained in a clean, safe,
and sanitary condition.
PM302
D-2 Certificate of elevator inspection is available for review. PM606
24. Unsafe Structures and Equipment
An unsafe structure is one that is found to be dangerous to life, health, property, or safety of the
public or the occupants of the structure by not providing minimum safeguards to protect or warn
occupants in the event of fire, or because such structure contains unsafe equipment or is so
damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical
wiring or device, flammable liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment is a hazard to life, health,
property, or safety of the public or occupants of the premises or structure.
non-conformance code/points Description Code Section
A-3
If, in the opinion of the inspector, the building or
equipment is deemed unsafe, as described above,
or unfit, unlawful or dangerous for occupancy per
the conditions described in 2020 Property
Maintenance Code of New York State Section 107;
such structure shall be condemned, and the
inspector shall check this item on the
nonconformance sheet, provide a written
explanation of the hazard, and IMMEDIATELY
contact the New York State Education Department
Office of Facilities Planning at 518-474-3906.
PM107
UPDATED
October 2020
Page 14 of 15
25. Vacant Premises
Code/points Description
Code Section
A-1
Temporarily unoccupied buildings, structures, premises or portions
thereof, including tenant spaces, shall be safeguarded and maintained.
F311.1.1
through
311.6
B-1
Vacant structures and premises thereof or vacant land shall be maintained
in a clean, safe, secure and sanitary condition.
PM301.3
C-1
Exterior Property Areas and premises shall be maintained in a clean, safe,
secure and sanitary condition.
PM302
26. Other Requirements
non-conformance
codes/points
Description
Code Section
A-3
Document violations of any provisions of the 2020 Fire
Code of New York State that are not specifically called out
on this form. List the section number of each code
requirement detailing the specifics of the violation.
Inspector to cite the
specific code section
to identify the
deficiency or
non-conformance
Certifications – Part III – Nonpublic Schools
Description
Section III-A: Fire Inspection Method
Section III-B: Fire Inspection by Local Fire Department, Fire Corp or County Fire
Coordinator or Fire Inspector who holds a Valid Certification
• Inspector’s Name and Title
• Inspector’s Organization
• Telephone Number
• Inspector’s Email
• Inspector’s Registry # (assigned by the NYS Department of State)
Section III-C: School or Building Administrator, Director, or Headmaster
• Name
• Title
• Telephone Number
• Email
