N.Y. Comp. Codes R. & Regs. tit. 8 § 155.1

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

Section 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. Pre-kindergarten and, kindergarten through sixth grade enrollments, 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 construction, 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 section 155.4(c) of this Part;

(c) the energy sources for such buildings;

(d) probable useful life of each building and its major subsystems;

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

(f) summary of the triennial asbestos reports required pursuant to the Asbestos Hazard Emergency Response Act (AHERA) regulations, 40 CFR part 763 ; 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 ensure 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. I f 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: 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 ensure 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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 155.1

Amended, New York State Register January 29, 2020/Volume XLII, Issue 04, eff. 1/29/2020