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supreme court. Nothing in this subdivision shall limit the requirement for a petition to review the foster care status of a child pursuant to section three hundred ninety-two of this chapter.

(8) Appealable orders. Any order of a family court judge denying any petition of a social services official [or the division for youth] filed pursuant to this section, or any order of a family court judge granting or denying any petition filed by a parent, parents or guardian return of a child pursuant to this sections shall be deemed an order of disposition appealable pursuant to article éleven of the family court act.

(9) Duty of social services official [and the division for youth). In the event that a family court judge denies a petition of a social vices official [or the division for youth] for approval of an instru, ment, upon a finding that the welfare of the child would not be promoted by foster care, such social services official [or division) shall not accept or retain the care and custody as a public charge or custody and guardianship of such child, provided, however, that the denial by a family court judge of a petition of a social services official filed pursuant to this section shall not limit or affect the duty of such social services official to take such other action or offer such services as are authorized by law to promote the welfare and best interests of the child.

§ 58. Subdivision 4 of section 424-a of the social services law, amended by chapter 750 of the laws of 1990, is amended to read follows:

4. For purposes of this chapter, the term "licensing agency" shall mean an authorized agency which has received an application to become an adoptive parent or an authorized agency which has received an application for a certificate or license to receive, board or keep pursuant to the provisions of section three hundred seventy-six or three hundred seventy-seven of this article or an authorized agency which has received an application from a relative within the second degree or third degree of the parent of a child or a relative within the second degree or third degree of the step-parent of a child or children, or the child's legal guardian for approval' to receive, board or keep such child or a state or local governmental agency which receives an application to provide child day care services in a child day care center, school-age child care program, family day care home or group family day care home pursuant to the provisions of section three hundred ninety of this article, or the department of health of the city of New York, when such department receives an application for a certificate of

approval to provide family day care pursuant to the provisions of the health code of the city of New York, or the office of mental health or the office of mental retardation and developmental disabilities when such office receives an application for an operating certificate pursuant to the provisions of the mental hygiene law to operate a family care home which will serve children, or a state

local governmental official who receives an application for a permit to operate a camp which is subject to the provisions of article thirteen-A, thirteen-B or thirteen-c of the public health law or the division for youth which has received an application for a certificate to receive, board or keep any child at a foster family home pursuant to [the provisions of subdivision seven of section five hundred one, section five hundred two, section five hundred ten-a

subdivision three of section five hundred thirty-two-a] articles nineteen-G and nineteen-H of the executive law.

§ 59. Subdivision 1 of section 462-a of the social services law, amended by chapter 800 of the laws

of 1985, is amended to read follows:

1. The division for youth shall inspect and supervise secure and nonsecure detention facilities and those division

for youth residential facilities [defined in section five hundred ten of] authorized by article nineteen-G of the executive law and those residential facilities operated as approved runaway programs or transitional independent living support programs pursuant to article nineteen-H of the executive law. $ 60.

Subdivision 1 of section 462-b of the social services law, as amended by chapter 800 of the laws of 1985,

is amended to read follows:

1. The division for youth shall exercise the enforcement powers enų, merated in section four hundred sixty-d of this article which may apply to secure and non-secure detention facilities and to those division for youth residential facilities [defined in section five hundred ten of] authorized by article nineteen-G of the executive law and those residen

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tial facilities operated as approved runaway programs

transitional independent living support programs pursuant to article nineteen-H of the executive law.

§ 61. Subdivision 1 of section 463 of the social services law, as added by chapter 469 of the laws of 1978, is amended to read as follows: 1. "Community residential facility"

any facility operated or
subject to licensure by the state which provides a supervised residence
for mentally, emotionally, physically, or socially disabled persons or
for persons in need of supervision or juvenile delinquents. This
includes, but is not limited to, community residences for the mentally
disabled operated or licensed by the offices of mental health or mental
retardation and developmental disabilities or by the divisions of the
office of alcoholism and substance

abuse,
agency
operated

boarding homes, group, homes or private proprietary homes for adults operated or licensed by the department of social services, group homes, contract homes and urban homes) operated by, contracted for or licensed by the division for youth and half-way houses operated or licensed by the division of substance abuse services.

§ 62. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to all persons placed in or committed to the custody of the division for youth on or after such date.

ES 3

CHAPTER 466

ensure

AN ACT to amend the education law, in relation to requiring annual
structural safety inspections of school buildings and making building
aid available to cover the costs of such inspections
Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. The education law is amended by adding a new section 409-d
to read as follows:
9409-d. Structural safety inspections. 1. It shall be the duty of the

that board of education or trustees of every school district to each facility owned by such school district used for instructional purposes is inspected annually for structural deficiencies.

2. Every annual structural safety inspection conducted pursuant to this section shall be a visual inspection which shall examine the structural elements of the building, and may also include inspection of building systems such as heating, plumbing, and electrical systems.

3. Annual inspections shall be conducted in accordance with inspection standards and guidelines developed by the commissioner, except that in city school districts of cities having one hundred twenty-five thousand inhabitants or more, such annual inspections shall be conducted in cordance with inspection standards and guidelines established by the board of education of such city school districts, subject to the proval of the commissioner. The standards and guidelines developed by the commissioner shall specify the individuals who will conduct the inspections, and may authorize use of an inspection team composed of the district's director of facilities or equivalent, the building's dian or equivalent, and a code enforcement official. The standards and guidelines developed by the commissioner shall also specify reporting requirements for structural safety, inspections. 4. If a visual inspection conducted pursuant to this section results in a determination that a building may have

structural deficiency, ther the building shall be inspected by a licensed architect or licensed

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professional engineer.

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The annual structural safety inspection shall be made prior to the thirtieth day of June of every school year, and reports of such inspections shall be made available to the public.

၌ 2. Subdivision 6 of section 3602" of the education law is amended by adding a new paragraph d to read as follows:

d. Additional apportionment of building aid for structural inspection of school buildings. In addition to the foregoing apportionments made to

school district under the provisions of this subdivision, the commissioner is hereby authorized to apportion to any

school district an amount in accordance with this subdivision for structural inspections of school buildings used for instructional purposes conducted pursuant to subdivision four of section four hundred nine-d of this chapter. The amount of such apportionment shall equal the product of the building aid ratio defined pursuant to paragraph Ċ of this subdivision and the actual approved expenses incurred by the district in the base

year for each school building so inspected by a licensed architect or licensed professional engineer, provided that the amount of such apportionment shall not exceed the structural inspection aid ceiling, and provided further that no state aid claim for the inspection of

building has been submitted within the five years prior to the submission of a claim. For inspections conducted in the nineteen hundred ninety-two-ninety-three school year, the structural inspection aid ceiling shall be ten thousand dollars. For inspections conducted in the nineteen hundred ninety-threeninety-four school year and thereafter, the inspection aid ceiling shall be ten thousand dollars plus an amount computed by the commissioner in accordance with regulations adopted for such purpose, on the basis of an index number reflecting changes in the costs of labor and materials from July first, nineteen hundred ninety-three.

S 3. This act shall take effect' July 1, 1992; provided, however, that aid shall first be paid pursuant to this act in the 1993-94 school year, and provided further that the commissioner of education shall promulgate rules an regulation necessary to implement ne provisions of this act within 120 days of the effective date of this act:

such

CHAPTER 467

AN ACT to amend the public health law, in relation to the priority of mortgage liens or other encumbrances for the benefit of the state

of New York or a public benefit corporation Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivisions 1 and 2 of section 1307 of the public health law are amended to read as follows:

1. If execution upon a judgment for the recovery of the expense of the suppression or removal of a nuisance or other matter, pursuant to an order or regulation of any local board of health is returned wholly or in part unsatisfied, such judgment, if docketed in the place and required by law to make a judgment of a court of record a lien upon real property, shall be a first lien upon such premises, having preference over all other liens and [incumbrances] encumbrances whatever. Notwithstanding the foregoing, such lien shall not have preference over any mortgage other encumbrance for the benefit of the state of New York or a public benefit corporation thereof.

2. The board may cause such premises to be sold for a term of time for the payment and satisfaction of such lien and the expenses of the sale, provided, howeyer, that where such premises are encumbered by a mortgage or other encumbrance for the benefit of the state of New York or a public benefit corporation thereof, the consent of that entity shall first be obtained.

§ 2. This act shall take effect immediately.

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AN ACT to amend the multiple dwelling law, in relation to

lead based paint
Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. The legislature hereby finds that the existence of lead based paint in dwellings in the state constitutes a danger and a threat to the safety of citizens of this state, especially children under the age of seven years; that the costs of abating or reducing the hazards of lead based paint can be so extensive as to be unaffordable to owners and tenants of such dwellings; that the speedy correction of such conditions is essential to protecting the safety of citizens of this state, especially children under the age of seven years; and that such conditions require the enactment of the following provisions.

$ 2. Section 309 of the multiple dwelling law is amended by adding a new subdivision 11 to read as follows:

11. a. Notwithstanding any other provision of law, where a repair has been made by the department pursuant to this section, or any other law, to abate a hazardous condition or correct any violation of this chapter, or any other state or local law, which arises from the existence of lead based paint, the department may, in whole or in part, waive its right to a lien on the affected premises and repayment of such expenses and disbursements as were necessary to abate such hazardous conditions or correct such violation of law. The department shall promulgate rules setting forth the standards for such waivers.

b. Notwithstanding any other provision of law, where there is a hazardous condition or violation of this chapter or other state

local law which arises from the existence of lead based paint, the department may make grants or loans to owners for the expenses,

in whole

in part, of abating such hazardous condition or correcting such violation of law. The department shall promulgate rules setting forth

the standards for such grants or loans. § 3. This act shall take effect immediately.

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or

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CHAPTER 469

AN ACT to authorize the city of Lockport to discontinue as park land certain land heretofore so dedicated and dedicate another

parcel of land as park land in compensation therefor Became a law July 17, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Notwithstanding the provisions of any general, special, or local law to the contrary, the city of Lockport, county of Niagara, ácting by and through its city council, is hereby authorized and empowered to discontinue the use as park lands'the lands described in section of this act, which lands are not suitable for park purposes; provided that the lands described in section three of this act shall be dedicated by the city of Lockport for public park purposes at the time the land described in section two of this act is so discontinued.

2. All that tract or parcel of land, situate in the city of Lockport, county of Niagara and state of New York, being part of

Lot EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

two

70,

on

Township 14, Range 7 of the Holland Land Company Survey (so called), being and intended to be a parcel of land removed from the Sutliff Rotary Park, bounded and described as follows:

All of former Lot 11 between Railroad Street (66' wide) and lands belonging to the Somerset Railroad Corporation by deed recorded in the Niagara County Clerk's Office in liber 1866 of deeds at page 226 containing 58,768 square feet or 1.35 acres more or less.

§ 3. All that tract or parcel of land, situate in the city of Lockport, county of Niagara and state of New York, being part of Lot 70, Township 14, Range 7 of the Holland Land Company Survey (so called), being and intended to be an abandonment of part of Railroad Street and added to the Sutliff-Rotary Park, bounded and described as follows:

Beginning at a point, the west boundary of Railroad Street (66' wide), said point being the northeast corner of the Sutliff-Rotary Park or

Lot 108. 15-1-1, reference being the State approved City of Lockport Tax Maps.

Thence southerly along the west boundary of Railroad Street a distance of 996 feet to a point. Said point being the southeast corner of former Lot 7.

Thence easterly along a line perpendicular to the last described line à distance of 66 feet to a point, said point being on the east boundary of Railroad Street.

Thence northerly along the east boundary of Railroad Street a distance of 996 feet to a point.

Thence westerly along a line perpendicular to the last described line a distance of 66 feet to the point

of beginning containing 65,736 square feet or 1.51 acres more or less.

§ 4. This act shall take effect immediately.

CHAPTER 470

a

AN ACT to amend the vehicle and traffic law, in relation to

dealer hearings
Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 9 of section 415 of the vehicle and traffic law, as amended by chapter 624 of the laws of 1972, is amended to read as follows: 9. Suspension, revocation and refusal to issue

or

to renew registration. The commissioner or any person deputized by him

may deny the application of

of any person for registration under this section and suspend or revoke a registration under this section or refuse to issue a renewal thereof if he or such deputy determines that such applicant or registrant or any officer, director, stockholder, or partner, any other person directly or indirectly interested in the business:

a. Has made a material false statement in his application; or b. Has used or permitted the use of number plates contrary to law; or

Has been guilty of fraud or fraudulent practices, or has practiced dishonest or misleading advertising; or

d. Has failed to comply with any of the rules and regulations of the commissioner for the enforcement of this article or with

any provision of this chapter applicable thereto; or

e. Has wilfully violated any provisions of the motor vehicle retail instalment sales act; or

f. Does not have a place of business within the meaning of this section; or

g. Has been convicted of any crime involving dishonesty or deceit; or

h. Was the former holder, or was an officer, director, stockholder, or partner, in a corporation or partnership which was the former holder of a dealer's registration, which was suspended or revoked by the commissioner.

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