§ 408. Plans and specifications of school buildings must be approved\nby commissioner of education. 1. No schoolhouse shall hereafter be\nerected, purchased, repaired, enlarged or remodeled nor shall the\nadvertisement for bids for the execution of the plans and specifications\nfor such schoolhouses be placed, in any school district except in a city\nschool district in a city having seventy thousand inhabitants or more,\nat an expense which shall exceed one hundred thousand dollars, until the\nplans and specifications shall have been submitted to the commissioner\nof education and his approval endorsed thereon. Such plans and\nspecifications shall show in detail the ventilation, heating and\nlighting of such buildings.\n In the case of a school district in a city having seventy thousand\ninhabitants or more, all the provisions previously set forth in this\nsubdivision shall apply, except that the commissioner may waive the\nrequirement for submission of plans and specifications and substitute\ntherefor the requirement for submission of an outline of such plans and\nspecifications for his review. Such outline shall be in a form which he\nmay prescribe from time to time.\n In either case, the commissioner may, in his discretion, review plans\nand specifications for projects estimated at an expense of less than one\nhundred thousand dollars.\n In the case of a school district in a city having a million\ninhabitants or more, all of the provisions previously set forth in this\nsubdivision shall apply, except that such school district shall only be\nrequired to submit an outline of the plans and specifications to the\ncommissioner of education for his information where a schoolhouse is to\nbe erected in conjunction with the development of a project to be\ndeveloped under the provisions of article two or five of the private\nhousing finance law and where both the school and the project are to\nhave rights or interests in the same land, regardless of the similarity\nor equality thereof, including fee interests, easements, space rights or\nother rights or interests.\n 2. The commissioner of education shall not approve the plans for the\nerection or purchase of any school building or addition thereto or\nremodeling thereof unless the same shall provide for heating,\nventilation, lighting, sanitation, storm drainage and health, fire and\naccident protection adequate to maintain healthful, safe and comfortable\nconditions therein and unless the county superintendent of highways or\ncommissioner of public works has been advised of the location of all\ntemporary and permanent entrances and exits upon all public highways and\nthe storm drainage plan which is to be used.\n 3. The commissioner shall approve the plans and specifications,\nheretofore or hereafter submitted pursuant to this section, for the\nerection or purchase of any school building or addition thereto or\nremodeling thereof on the site or sites selected therefor pursuant to\nthis chapter, if such plans conform to the requirements and provisions\nof this chapter and the regulations of the commissioner adopted pursuant\nto this chapter in all other respects; provided, however, that the\ncommissioner of education shall not approve the plans for the erection\nor purchase of any school building or addition thereto unless the site\nhas been selected with reasonable consideration of the following\nfactors; its place in a comprehensive, long-term school building\nprogram; area required for outdoor educational activities; educational\nadaptability, environment, accessibility; soil conditions; initial and\nultimate cost. In developing such plans and specifications, school\ndistricts are encouraged to review the energy conservation and saving\nbest practices available from the department and the New York state\nenergy research and development authority.\n * 3-a. (a) The commissioner shall not approve the plans for the\nerection of any new schoolhouse within five hundred feet of a\n
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