Sanitary Law
09/12/2000
SED Toilet Room Policy
To implement any educational program the student body must be provided with a healthy and pleasant environment in which to learn. In recognition of this fact, School buildings are required by law to provide sanitary facilities and make them available to building occupants at all times of occupancy.
Laws, Rules, and Regulations
SED Commissioner's Regulations 155 apply to all Public School Buildings requiring a Certificate of Occupancy, outside of the Big 5 cities.
| Regulation | Requirement |
|---|---|
| 155.5a | The occupied portion of any school building shall always comply with the minimum requirements necessary to maintain a certificate of occupancy and shall be monitored during construction or maintenance activities for safety violations by school district personnel. |
| 155.7e1 | Potable water |
| 155.7e2 | Boys and girls' toilet rooms with flush toilets |
| 155.7e3 | Systems approval by: Department of Health and Department of Environmental Conservation |
SED Manual of Planning Standards applies to all Public School Buildings built after 1965. S706 gives placement, staff, and age separation requirements as well as fixture requirements. S706-4 specifically requires accessories and supplies to be provided. The NYSUFPB Code adopted the Manual's requirements relative to school building toilet fixture requirements.
New York State Uniform Fire Prevention and Building Code is applicable to buildings constructed, renovated, or added to after January 1, 1985, and requires 900.2h1:
| Water Closets | Urinals | Lavatories | |
|---|---|---|---|
| Elementary Girls | 1/35 | 1/50 | |
| Elementary Boys | 1/100 | 1/30 | 1/50 |
| Middle & Secondary Girls | 1/45 | 1/50 | |
| Middle & Secondary Boys | 1/100 | 1/30 | 1/50 |
The above sanitary requirements must be maintained in working order and open for use. A key in an adjacent classroom is not appropriate use of staff, class time, or appropriate to the function. Efforts to control vandalism and inappropriate use of the facilities must be limited to increased supervision and restriction of facilities to the minimum required by law.
Some Strategies That Have Worked Are
Provide supervision (parent monitors etc.) Remove toilet stall doors Remove stall walls
Legal Responsibility
155.5a - "It is the responsibility of the board of education or board of cooperative educational services to assure that these standards are continuously maintained when the building or any portion thereof is occupied."