Current through Register Vol. 46, No. 39, September 25, 2024
(a) The
entire physical plant of a hospital for the mentally ill or residential school
for the mentally retarded or alcoholism facility shall be constructed and
maintained to be structurally sound, physically safe, sanitary, convenient and
comfortable. To meet these requirements, all applicable provisions of the
following codes and guides, as amended, shall be complied with:
(1) the Building Code of New York State and
the Property Maintenance Code of New York State (Title 19 NYCRR Chapter XXXIII,
Subchapter A, Parts 1221 and 1226);
(2) Life Safety Code 101 of the National Fire
Protection Association. The commissioner may waive the application of specific
provisions of the Life Safety Code to an existing facility for such periods as
he deems appropriate, which provisions if rigidly applied would result in
unreasonable hardship upon a facility, but only if such waiver will not
adversely affect the health and safety of the patients or residents;
(3) the American Society of Heating,
Refrigeration and Air Conditioning Engineers Guide;
(4) the Illuminating Engineering Society
Handbook;
(5) Food Service
Sanitation Publication #934 of the United States Department of Health,
Education and Welfare;
(6) ASA
Z66.1 American Standards Specifications to Minimize Hazards to Children from
Residual Surface Coating Material;
(7) USA Standards Institute Specifications
for Making Buildings Accessible to and Usable by the Physically
Handicapped;
(8) New York State
Department of Environmental Conservation requirements for waste disposal and
air quality;
(9) New York State
Department of Health requirements for water supply and sewage
disposal.
(b) All local
codes, ordinances and regulations governing land use, construction, safety,
health, sanitation, fire prevention and zoning must be complied with. Written
evidence of compliance as determined by appropriate local inspectors must be
provided. Compliance with local requirements shall not be sufficient if any
such requirement is less than any provision of a code specified in subdivision
(a) of this section.
(c) If part of
the physical plant is to be used for nonresidential programs, the space for
such programs must be described in the site and space utilization plan and must
comply with Part 85 of this Title. If residents and nonresidents are mixed in
programs, space shall be provided for nonresidents in size and design required
by this Part.
(d) For residential
schools for the mentally retarded, all applicable provisions of the State
Building Construction Code and the National Fire Protection Association Life
Safety Code 101 are as follows:
(1) For
persons deemed capable of self-preservation as defined in section
686.2 of this
Title:
(i) For those living units which are
planned to house 15 or fewer residents, exclusive of staff:
(a) The NYS Building Construction Code,
latest edition (9 NYCRR Subtitle S, Chapter I, Occupancy Group B1), applicable
to multiple dwellings.
(b) Chapter
11 (1973 edition) Life Safety Code of the National Fire Protection Association
(NFPA 101), as it applies to lodging and rooming houses.
(ii) For those living units which are planned
to house, or which do house 16 or more residents, exclusive of staff:
(a) The NYS Building Construction Code,
latest edition (9 NYCRR, Subtitle S, Chapter I, Occupancy Group C 6.2), as it
applies to institutions.
(b)
Chapter 10 (1973 edition), Life Safety Code of the National Fire Protection
Association (NFPA 101), as it applies to health care occupancies.
(2) For persons deemed
not capable of self-preservation:
(i) The NYS
Building Construction Code, latest edition (9 NYCRR, Subtitle S, Chapter I,
Occupancy Groups C 6.2), as it applies to institutions.
(ii) Chapter 10 (1973 edition), Life Safety
Code of the National Fire Protection Association (NFPA 101), as it applies to
health care occupancies.
