N.Y. Comp. Codes R. & Regs. tit. 19 § 500.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 500.11 - Delegation of inspection authority to local governments

(a) Except as provided in paragraph (4) of this subdivision, a county, city, town or village may, by resolution of its legislative body, apply to OFPC for delegation of its inspection authority in relation to independent colleges and universities. The resolution shall specify which local government office shall be responsible for carrying out the duties delegated. The county, city, town or village shall forward such resolution and application to OFPC. Where a delegation has been made to both a county, and a city, town or village within such county, the authority delegated shall be exercised by the city, town or village to the extent authorized by OFPC.

(1) OFPC may make such delegation upon acceptable demonstration by the applicant of adequate capability, resources and commitment. Such demonstration shall consist of but not be limited to a showing of:

(i) sufficient and properly trained staff;

(ii) adequate funding;

(iii) a proven record of obtaining compliance with the UFPBC and/or Education Law, section 807, as applicable;

(iv) certification of inspectors by the State Fire Administrator; and

(v) a statement in the resolution that no fee shall be charged for inspections performed pursuant to Education Law, section 807 -b.

(2) A delegation shall expire three years from the date made in writing by OFPC. OFPC may, however, revoke a delegation or continue it subject to terms and conditions, where OFPC finds that inspections, their prompt filing of reports thereof, or the faithful execution of any other delegated duties, are inadequate or ineffective.

(3) An application for renewal of the delegation shall be accompanied by a new resolution of the legislative body at least 90 days prior to the expiration of the previous delegation. If renewal does not occur for any reason, all authority previously delegated shall revert to OFPC.

(4) The authority of OFPC to impose penalties on public and independent colleges and universities for violations of the UFPBC and/or Education Law, section 807, as applicable, shall not be delegated by OFPC. Instead, the local inspection authority shall promptly refer all cases of violations to OFPC for further action.

(b) The duties, rights and powers conferred upon OFPC by Executive Law, section 156-e and Education Law, section 807 -b, with respect to the State University of New York (SUNY) and other public college facilities as identified in Education Law, sections 350 and 352, shall not be delegated.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 500.11