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.