P-12 Operations Office
This guidance is provided to clarify the facilities' requirements for and expedite the approval of charter schools and nonpublic school's participation in federal child nutrition programs.
Charter Schools
Public charter schools that fall under the State Education Department (SED) facilities approval authority will submit documentation to the SED Charter School Office as part of their pre-opening procedures. Charter schools subject to local municipal facilities oversight will submit documentation directly to the Child Nutrition Office as part of their application to participate in the federal child nutrition program. The SED charter school office will work with all charter authorizing entities in the state to facilitate this process.
Nonpublic Schools
Non-public school facilities are not subject to SED review but are subject to inspection and approval by the appropriate local municipal jurisdiction.
Facilities Documents Required for Participation in Federal Child Nutrition Programs
Required documents include a Certificate of Occupancy or a Certificate of Compliance and a fire inspection. All documents must be in the applicant's name at the applicant’s address.
Based on the location of your school(s), use A, B, or C listed below to determine the required documents that must be submitted prior to receiving approval for participation in the Child Nutrition Programs.
A. Facilities located within New York City
Provide an original Certificate of Occupancy or a Certificate of Compliance for the applicant to operate as a school, and a current fire inspection report. This inspection, made by the Fire Department of New York (FDNY) public buildings unit, will consist of Form A-106A and can be obtained by requesting an inspection from the Public Buildings unit. The link to Form A-106A is provided for reference only for the applicant to understand what documentation is required. The form must be completed and signed only by the appropriate FDNY personnel. You may request an inspection in writing at FDNY, 9 Metrotech Center, Brooklyn, NY 11201, Attention: Public Buildings Unit, or fax your request to (718) 999-1018. Your request must be on school letterhead and addressed to the attention of the Public Buildings Unit, Chief of Fire Prevention.
B. Facilities Located Within the Cities of Buffalo, Rochester, Syracuse, and Yonkers
Provide an original Certificate of Occupancy or a Certificate of Compliance for the building to operate as a school, and item 1 or 2 below:
- For existing school locations only: A current fire inspection report as provided by the appropriate municipal entity on official letterhead. For existing facilities, the State Building Code requires all code enforcement jurisdictions to inspect all facilities within three years, therefore a municipal inspection dated within three years will be considered current.
- For new schools/address changes or school moves: A current fire inspection report from the appropriate municipal entity dated within 1 month of either the Certificate of Occupancy or the Certificate of Compliance.
C. Facilities Located Outside of the Cities of Buffalo, Rochester, Syracuse, Yonkers, and New York City
Provide an original Certificate of Occupancy or a Certificate of Compliance for the building to operate as a school and a current SED fire inspection report. A link to the required form is listed below.
All local jurisdictions, except New York City, may choose to utilize the SED non-public school fire safety reporting form for the required fire inspection if desired. This reporting mechanism consists of three documents: the instruction manual, the reporting form, and the nonconformance sheet. Both the report form and the nonconformance sheet must be submitted with the appropriate signatures of the local jurisdiction affixed.
The SED fire inspection documents must be signed by an NYS-certified code enforcement official with their certification number affixed. The forms are available at the following sites:
Both the Certificate of Occupancy or the Certificate of Compliance and the fire safety report (either the local report or the SED report) documents must be included with all the required application forms for a new school food authority and/or a new school under an existing school food authority before the school can be approved to participate in the Child Nutrition Programs.
Both the Certificate of Occupancy and valid fire inspection report for the new site must also accompany any address change for an existing school that is moving before the new address change can be put on our system.
If you have any questions, contact Dechelle Johnson at 518-473-8781.