S3968-2013 - NY Senate Open Legislation - Removes the requirement for annual visual inspections of school buildings

Removes the requirement for annual visual inspections of school buildings.

Sponsor: RITCHIE / Co-sponsor(s): LATIMER, MARTINS / Committee: EDUCATION
Law Section: Education Law / Law: Amd S409-d, Ed L

S3968-2013 Actions

Mar 25, 2013: referred to education
Mar 25, 2013: DELIVERED TO ASSEMBLY
Mar 25, 2013: PASSED SENATE
Mar 21, 2013: ADVANCED TO THIRD READING
Mar 20, 2013: 2ND REPORT CAL.
Mar 19, 2013: 1ST REPORT CAL.227
Mar 1, 2013: REFERRED TO EDUCATION

S3968-2013 Meetings

Education: Mar 19, 2013

S3968-2013 Calendars

Active List: Mar 25, 2013 , Floor Calendar: Mar 20, 2013 , Floor Calendar: Mar 21, 2013 , Floor Calendar: Mar 23, 2013 , Floor Calendar: Mar 24, 2013 , Floor Calendar: Mar 25, 2013

S3968-2013 Votes

VOTE: COMMITTEE VOTE: - Education - Mar 19, 2013

Ayes (18): Flanagan, Farley, Lanza, LaValle, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Smith, Valesky, Latimer, Avella, Breslin, Montgomery, Stavisky, Tkaczyk
Ayes W/R (1): Addabbo

VOTE: FLOOR VOTE: - Mar 25, 2013

Ayes (60): Adams, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Absent (1): Espaillat
Excused (2): Addabbo, Krueger

S3968-2013 Memo

BILL NUMBER:S3968

TITLE OF BILL:  An act to amend the education law, in relation to
removing the requirement for annual visual inspections of school
buildings

PURPOSE:  This bill seeks to provide mandate relief to local school
districts by eliminating the duplicative requirement for an "annual
visual inspections" of all occupied school buildings in the State.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 409-d of the State Education
Law by removing the mandate for an annual inspection of all public
school buildings throughout New York State.

EXISTING LAW:

Under existing law, the "annual visual inspection" (AVI) is an
unnecessary mandate that is unduly burdensome on local governments and
school districts. More rigorous and intensive inspections and
evaluations of schools buildings are conducted regularly.

JUSTIFICATION:

This bill would provide a cost savings and mandate relief by reducing
the regulatory burden on school districts, which must also comply with
another more rigorous safety rating system.

The State Education Department has prescribed comprehensive school
safety regulations that mandate certain procedures and programs to
ensure the safety and suitability of school buildings. Specifically,
state laws and regulations outline a "Comprehensive Public School
Safety Program" which prescribes several school ground inspections to
be conducted on a regular basis. The purpose is to regularly inspect
the structural elements of all occupied schools and develop a
corrective action plan in the event that a defect is suspected.

Section 409-d of the Education Law also separately requires that each
school building be inspected each year through a process of visual
examination after which, reports are submitted to the State Education
Department for compilation and review.

The "annual visual inspection" (AVI) mandate is among many reviews and
reports required. All public school buildings in New York State must
comply with safety rating systems that evaluate the need for
maintenance, repair, rehabilitation and reconstruction through a
five-year Capital Facilities Plan. The Capital Facilities Plan relies
on a system of evaluations and assessment that are much more robust
than the AVI.

Therefore, the State Board of Regents has endorsed the repeal of the
AVI as a mandate relief initiative because school districts must also
submit a "five year building condition survey" that is prepared by a
licensed professional and includes annual inspections by district
staff. This is required pursuant to the 1998 RESCUE legislation
(Rebuild Schools to Uphold Education).


The AVI requirement is a duplicative and wasteful mandate that does
not provide meaningful information to local school districts or state
policymakers. The building condition survey prescribed in state law
should serve as the primary tool for evaluating the safety and
security of a school building.

LEGISLATIVE HISTORY:

This legislation is new.

FISCAL IMPLICATIONS:

This bill would result in a reduction of costs for the State.

EFFECTIVE DATE:

This bill would take effect immediately upon enactment.

S3968-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3968
 2013-2014 Regular Sessions
 I N  SENATE
 March 1, 2013
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Education
 

AN ACT to amend the education law, in relation to removing the  require
 ment for annual visual inspections of school buildings
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 1 of section 409-d of  the  education  law,  as
 added  by  section  1  of  part  B of chapter 56 of the laws of 1998, is
 amended to read as follows:

 1. Program establishment. The commissioner is authorized and  directed
 to establish, develop and monitor a comprehensive public school building
 safety  program  which shall include a uniform inspection, safety rating
 and monitoring system. Such program shall [require the annual inspection
 of all public school buildings throughout New York state;]  establish  a
 safety  rating  system  for such school buildings to assess the need for
 maintenance, repairs, rehabilitation, reconstruction,  construction  and
 other improvements related to the structural integrity and overall safe
 ty  of  public  school  buildings  including but not limited to building
 systems related to electrical, plumbing, heating, ventilation,  and  air
 conditioning,  sanitation  and health, fire and accident protection; and
 require that such ratings be used for the purpose of developing a build
 ings condition survey  as  required  pursuant  to  subdivision  four  of
 section  thirty-six  hundred  forty-one  of this chapter and a five year
 facilities plan as required pursuant to clause (i) of  subparagraph  two
 of  paragraph  b of subdivision six of section thirty-six hundred two of
 this chapter.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09539-01-3

S3968-2013: Removes the requirement for annual visual inspections of school buildings