Current through Register Vol. 47, No. 12, March 26, 2025
All health facilities shall comply with the pertinent
provisions of the standards and codes referred to in this section and with
local laws relating to zoning, sanitation, fire safety and construction, where
such local laws represent standards in addition to those required by this Part.
Reference throughout this Chapter to codes and standards shall be those
editions listed in this section. If a conflict occurs between the following
codes and standards or between them and regulations elsewhere in this Chapter
then compliance with the more restrictive regulation is required. If Federal
regulatory requirements conflict with the codes and standards referred to in
this section, the department may waive compliance with such standards and
codes, provided that a health facility fully complies with said Federal
regulatory requirements.
(a) The
following National Fire Protection Association (NFPA) Codes and Standards are
hereby incorporated by reference, with the same force and effect as if fully
set forth at length herein. These codes and standards are available for public
inspection and copying at the Regulatory Affairs Unit, New York State
Department of Health, Corning Tower, Empire State Plaza, Albany, NY 12237. The
codes and standards are published by the National Fire Protection Association,
and copies are also available from the National Fire Protection Association,
One Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101, 1- 800-344-3555 or
www.nfpa.org. The various codes and standards are available from the NFPA
either as individual publications or as contained within the Compilation of
NFPA National Fire Codes, 1999 edition.
(1)
NFPA 101--Life Safety Code, 2000 edition.
(2) NFPA 101A--Guide on Alternative
Approaches to Life Safety, 1998 edition.
(3) NFPA 10--Standard for Portable Fire
Extinguishers, 1998 edition.
(4)
NFPA 13--Standard for the Installation of Sprinkler Systems, 1999
edition.
(5) NFPA 14--Standard for
the Installation of Standpipe, Private Hydrants and Hose Systems, 2000
edition.
(6) NFPA 25--Standard for
the Inspection, Testing, and Maintenance of Water-Based Fire Protection
Systems, 1998 edition.
(7) NFPA
30-1996--Flammable and Combustible Liquids Code.
(8) NFPA 31--Standard for the Installation of
Oil-Burning Equipment, 1997 edition.
(9) NFPA 45-1996--Standard on Fire Protection
for Laboratories Using Chemicals.
(10) NFPA 54--National Fuel Gas Code, 1999
edition.
(11) NFPA 58--Liquefied
Petroleum Gases Code, 1998 edition.
(12) NFPA 70--National Electrical Code, 1999
edition.
(13) NFPA 72--National
Fire Alarm Code, 1999 edition.
(14)
NFPA 80--Standard for Fire Doors and Fire Windows, 1999 edition.
(15) NFPA 82--Standard on Incinerators and
Waste and Linen Handling Systems and Equipment, 1999 edition.
(16) NFPA 90A--Standard for the Installation
of Air Conditioning and Ventilating Systems, 1999 edition.
(17) NFPA 90B--Standard for the Installation
of Warm Air Heating and Air-Conditioning Systems, 1999 edition.
(18) NFPA 91--Standards for Exhaust Systems
for Air Conveying of Vapors, Gases, Mists and Noncombustible Particulate
Solids, 1999 edition.
(19) NFPA
96--Standard for Ventilation Control and Fire Protection of Commercial Cooking
Operations, 1998 edition.
(20) NFPA
99--Standard for Health Care Facilities, 1999 edition.
(21) NFPA 110--Standard for Emergency and
Standby Power Systems, 1999 edition.
(22) NFPA 111--Standard on Stored Electrical
Energy Emergency and Standby Power Systems, 1996 edition.
(23) NFPA 211--Standard for Chimneys,
Fireplaces, Vents, and Solid Fuel-Burning Appliances, 2000 edition.
(24) NFPA 220--Standard on Types of Building
Construction, 1999 edition.
(25)
NFPA 221--Standard for Fire Walls and Fire Barrier Walls, 1997
edition.
(26) NFPA
241-1996--Standard for Safeguarding Construction, Alteration, and Demolition
Operations.
(27) NFPA 251--Standard
Methods of Tests of Fire Endurance of Building Construction and Materials, 1999
edition.
(28) NFPA 252--Standard
Methods of Fire Tests of Door Assemblies, 1999 edition.
(29) NFPA 253--Standard Method of Test for
Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy
Source, 2000 edition.
(30) NFPA
255--Standard Method of Test of Surface Burning Characteristics of Building
Materials, 2000 edition.
(31) NFPA
256--Standard Method of Fire Tests of Roof Coverings, 1998 edition.
(32) NFPA 257--Standard on Fire Test for
Windows and Glass Block Assemblies, 2000 edition.
(33) NFPA 260--Standard Methods of Tests and
Classification System for Cigarette Ignition Resistance of Components of
Upholstered Furniture, 1998 edition.
(34) NFPA 261--Standard Method of Tests for
Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to
Ignition by Smoldering Cigarettes, 1998 edition.
(35) NFPA 265--Standard Methods of Fire Tests
for Evaluating Room Fire Growth Contribution of Textile Wall Coverings, 1998
edition.
(36) NFPA 266--Standard
Method of Test for Fire Characteristics of Upholstered Furniture Exposed to
Flaming Ignition Source, 1998 edition.
(37) NFPA 267--Standard Method of Test for
Fire Characteristics of Mattresses and Bedding Assemblies Exposed to Flaming
Ignition Source, 1998 edition.
(38)
NFPA 286--Standard Methods of Fire Tests for Evaluating Room Fire Contribution
of Wall and Ceiling Interior Finish, 2000 edition.
(39) NFPA 418--Standard for Heliports, 1995
edition.
(40) NFPA 701--Standard
Methods of Fire Tests for Flame Propagation of Textiles and Films, 1999
edition.
(41) NFPA 703--Standard
for Fire Retardant Impregnated Wood and Fire Retardant Coatings for Building
Materials, 2000 edition.
(b) The following codes and standards are
hereby incorporated by reference, with the same force and effect as if fully
set forth at length herein. These codes and standards are available for public
inspection and copying at the Regulatory Affairs Unit, New York State
Department of Health, Corning Tower, Empire State Plaza, Albany, NY 12237.
Copies are also available from the publisher or issuing organization at the
address listed.
(1) ANSI/ASHRAE Standard
52.2-1999, Method of Testing Air-Cleaning Devices for Removal Efficiency by
Particle Size, 1999 edition. American Society of Heating, Refrigerating and
Air-Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, GA
30329.
(2) Compressed Gas
Association, Inc. (CGA) Pamphlet E-10, Maintenance of Medical Gas and Vacuum
Systems in Health Care Facilities, third edition, 2007. Compressed Gas
Association, Inc., 4221 Walney Road, Chantilly, VA 20151-2923,
www.cganet.com.
(3) National
Council on Radiation Protection and Measurements (NCRP) Report No. 102- Medical
X-Ray, Electron Beam and Gamma-Ray Protection for Energies Up to 50MeV (1989).
National Council on Radiation Protection and Measurements, 7910 Woodmont
Avenue, Bethesda, MD 20814-3095, www.ncrppublications.org.
(4) National Council on Radiation Protection
and Measurements (NCRP) Report No. 147- Structural Shielding Design for Medical
X-Ray Imaging Facilities, 2004 edition. National Council on Radiation
Protection and Measurements, 7910 Woodmont Avenue, Bethesda, MD 20814-3095,
www.ncrppublications.org.
(5)
National Council on Radiation Protection and Measurements (NCRP) Report No.
144- Radiation Protection for Particle Accelerator Facilities, 2003 edition.
National Council on Radiation Protection and Measurements, 7910 Woodmont
Avenue, Bethesda, MD 20814-3095, www.ncrppublications.org.
(6) 1996-97 Guidelines for Design and
Construction of Hospital and Health Care Facilities, 1996 edition. The American
Institute of Architects Academy of Architecture for Health, with assistance
from the U.S. Department of Health and Human Services, the American Institute
of Architects Press, 1735 New York Avenue, N.W., Washington, D.C. 20006. The
standards set forth in this paragraph are applicable to construction projects
completed pursuant to Subparts 712-2 and 713-2 of this Title and other
applicable provisions in this Chapter. Such projects must, at minimum, maintain
compliance with these standards.
(7) Guidelines for Design and Construction of
Health Care Facilities, 2010 edition. The American Society for Healthcare
Engineering, with assistance from the U.S. Department of Health and Human
Services, One North Franklin Street, Chicago, IL 60606, and at
www.ashe.org.
(c) Design
standards for the disabled. The Americans with Disabilities Act of 1990 (ADA)
extends comprehensive civil rights protection to persons with disabilities.
Health care facilities must comply with the ADA and the regulations, which
implement it. Title 28 of the Code of Federal Regulations, Public Health parts
35, Non-Discrimination on the Basis of Disability in State and Local Government
Services, and part 36, Non-Discrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities, including appendix A, Standard for
Accessible Design, 2004 edition. These regulations are published by the Office
of the Federal Register National Archives and Records Administration. Copies
may be obtained from the Superintendent of Documents, United States Government
Printing Office, Washington, D.C. 20402.