126.5(a) A school shall have classrooms, laboratories, shops and other facilities for instruction and administration which, in the judgment of the commissioner, are satisfactory for the proper conduct of the school.
126.5(e) Schools shall have their facilities approved by the commissioner upon initial application for a license and every renewal of a license thereafter, sale or transfer of a school license, relocation of a school, renovation or alteration of a school's facilities or reorganization of instructional space or equipment.
During the period of validity of a license, no change shall be made in any item for which approval was provided without prior approval from the Bureau of Proprietary School Supervision (BPSS).
Quarters Change Types
School Move Application Process
Changing the location of a school requires prior approval by BPSS. The following items must be submitted to BPSS in order for a review of a school move application to commence:
- School Move Request- A request for a school move is not considered properly filed without an application using the School Move Request on the BPSS system.
- Simultaneously, the school must upload the following documents into the Manage Documents section of the BPSS system – Quarters Tab.
- BPSS-6 Quarters Application
- Certificate of Occupancy, or unexpired Temporary Certificate of Occupancy
- Floor plan drawn to scale, labeled with corresponding room numbers from BPSS-6 application.
- Fire inspection (outside of NYC). If proposed quarters are within the 5 boroughs of NYC, BPSS will order the FDNY fire inspection once all quarters documents are received.
- Updates of the school catalog, enrollment agreements, and other school forms to reflect the new school address.
- Signed lease or mortgage note.
After the school has received BPSS Quarters Approval for the move, and the move has taken place, an amended school license and personnel licenses will be generated for the school.
Questions regarding any of these requirements should be directed to the school’s BPSS Field Associate
Renovation, Alteration or Acquiring Additional Space in Currently Approved Quarters
Renovation, alteration or acquiring additional space in currently approved quarters requires prior approval by BPSS. The following items must be uploaded to the BPSS System. Schools must notify their BPSS Field Associate once ALL documents are ready for review:
Required for all:
- Updated BPSS-6 Quarters Application
- Updated floor plan drawn to scale, labeled with corresponding room numbers from BPSS-6 application.
Required for any Additional or Renovated Space:
- Valid Certificate of Occupancy
- Fire inspection (outside of NYC). If proposed quarters are within the 5 boroughs of NYC, BPSS will order the FDNY inspection.
Following an onsite inspection, the school will receive an updated school quarters approval.
Questions regarding any of these requirements should be directed to the school’s BPSS Field Associate.
Quarters Approval at Renewal Review
Per regulation 126.5(e), BPSS is required to reapprove a school’s quarters at renewal. This includes requesting an updated certificate of occupancy and fire inspection. It is a school’s responsibility to ensure their quarters meet the local municipality standards for occupancy use and fire safety.
It is highly recommended schools contact their local department of buildings as soon as possible prior to the renewal review, to inquire if local policy has changed.
BPSS cannot assist schools with this process, and the final outcome is the sole determination of the local municipality. Schools that do not have approved quarters before their school license expires will be denied renewal and should not reapply until all quarters issues are resolved.
Evaluation of Quarters
Schools should note that submission of an application for a school move request, alteration or reapproval does not in itself guarantee that quarters will be approved. Any expenses related to an application for a school move, alteration or renewal review, including but not limited to quarters expenses, will be incurred by the school at the risk of not obtaining approval from the local municipality.
All quarters require an onsite BPSS inspection. Inspections are only scheduled once all items, as listed above are provided to BPSS.
A school’s quarters will be evaluated for the following:
a. Permissible Use
All school facilities must receive approval from the local buildings department for occupancy use as a private career or ESL school. It is highly recommended the school consult the local zoning code or department of buildings prior to securing a facility. BPSS cannot assist you in this process.
b. Fire Safety
All school facilities must receive approval from the local fire municipality, after construction is complete. The facility must have a full fire safety inspection. Sprinkler, elevator, alarm systems or fire extinguisher inspections cannot supplant the requirement for a full fire safety inspection. Reports issued by third-party inspectors will not be accepted.
In the five boroughs of New York City, BPSS will request a fire inspection once the buildout is complete and the certificate of occupancy or TCO is issued. All other municipalities must be contacted by the applicant.
c. Health Department Clearance (if applicable)
Some programs require local health department approval. These are typically culinary arts or allied health programs. Applicants must consult their local health department to determine if health department clearance is required.
d. BPSS Approval
BPSS will inspect all facilities and equipment for educational appropriateness*, capacity, and general safety to determine if the facility can be approved for a private career or ESL school.
Prior to requesting an inspection, schools must ensure the quarters are instruction ready. All furniture, equipment and supplies must be in place.
BPSS does not offer “pre-inspections” or technical assistance in the procurement or design of a school’s facility.
Schools are highly advised to review the policy guidelines on quarters and curriculum student to teacher ratios when procuring or designing their facility.
[Information Regarding Quarters Capacities]
[Information Regarding Student to Teacher Ratios]
*Schools offering programs requiring a skills lab or clinic must have hot and cold running water in the skills lab through a stationary sink - not in a lavatory. BPSS does not permit portable sinks or temporary heating devices. Walled plumbing is required.
After the renewal has taken place, the renewed school license and personnel licenses will be generated for the school.
Questions regarding any of these requirements should be directed to the school’s field associate.
Authority
Commissioner’s Regulations set forth at 8 NYCRR Part 126.5