New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 551 - Prior Approval Review For Quality And Appropriateness
Section 551.10 - Review of physical facility

(a) If the project includes acquisition, construction, substantial renovation, or alteration as defined in section 551.4 of this Part, the applicant shall submit information as required by the Office of Mental Health to assure compliance with appropriate building, safety, and design standards. Such information shall be submitted within four months of Commissioner approval of the PAR application.

(b) If the premises are to be leased but not owned by the applicant, the applicant shall identify the owners of the premises and, if the owner is a corporation, include the names of all incorporators and directors. The lease or proposed lease shall include the following language:

"The landlord acknowledges that rights of reentry into the premises set forth in this lease do not confer on the landlord the authority to operate on the premises a facility for the mentally disabled, as defined in article 1 of the Mental Hygiene Law."

(c) The Office of Mental Health shall review the submission required by this section and advise the applicant if additional information is required. When satisfied that the applicant has demonstrated the project will comply with applicable regulations and standards, the Office of Mental Health shall notify the applicant that he/she is approved to proceed with the project.

(d) Approval to proceed does not imply that the Office of Mental Health or any other State agency will be responsible for financing some or all costs associated with the project. The provider is responsible to ensure adequate funding is available.

(e) Approval of the project may be rescinded at the discretion of the Office of Mental Health if there is no substantial progress toward completion within six months of final approval or if a project falls six months behind the approved development schedule.

(f) The applicant shall request prior approval of any changes relating to the scope of the project or significant increase in the cost of the project.

(g) Upon completion of approved construction or renovations, the applicant shall submit a statement by the architect or engineer that all work has been completed in accordance with applicable codes and plans approved by the Office of Mental Health.

(h) Upon completion of the project, and prior to initiation of an approved program, an inspection of the site may be made by OMH to assure that the project has been completed in compliance with approved plans and is otherwise ready to be issued an operating certificate, if applicable. The Office of Mental Health may conduct such inspections prior to completion of the project.