Current through Register Vol. 47, No. 12, March 26, 2025
(a) In furtherance of the mandate of the New
York State Uniform Fire Prevention and Building Code (hereafter referred to as
the Uniform Code), any building or premises under the custody, supervision or
jurisdiction of a department or agency of the State of New York shall comply
with the Uniform Code. The occupancy classifications and requirements as
specified in subdivision (h) of this section are hereby established as
applicable to the premises, buildings and equipment of any facility certified
or operated by or under the auspices of the Office for People With
Developmental Disabilities.
(b) As
set forth in section
381 of the
Executive Law, the State's cities, towns and villages shall be responsible for
administering and enforcing the appropriate section of the 2002 edition of the
New York State Uniform Fire Prevention and Building Code as designated for a
class of facility in subdivision (h) of this section, where the buildings,
premises and equipment are owned or leased by parties or entities other than
the State of New York, its departments, agencies or offices. In the City of New
York, the building code of the City of New York shall be administered and
enforced by the city as to such facilities. Said codes are available as
follows:
(1) Outside the City of New York.
The code is published by the New York State Department of State, 41 State
Street, Albany, NY 12231-0001; or is available for review during business hours
and by appointment at the following locations:
(i) the Department of State, Division of
Administrative Rules, 41 State Street, Albany, NY 12231-0001; and
(ii) the Office for People With Developmental
Disabilities, Attention: Public Access Officer, 44 Holland Avenue, Albany, NY
12229.
(2) In the City
of New York. The code is published by the City Record, 2208 Municipal Building,
New York, NY 10007; or is available for review during business hours and by
appointment at the following locations:
(i)
the Department of State, Division of Administrative Rules, 41 State Street,
Albany, NY 12231-0001; and
(ii) the
Office for People With Developmental Disabilities, Attention: Public Access
Officer, 44 Holland Avenue, Albany, NY 12229.
(c) Pursuant to 19 NYCRR Parts 1201 and 1204,
OPWDD shall be accountable for administration and enforcement of the
appropriate section of the Uniform Code as designated in subdivision (h) of
this section with respect to these facilities where the buildings, premises and
equipment are owned or leased by the State of New York, and its departments,
agencies or offices.
(d) With
respect to all facilities to which the Uniform Code or the Building Code of the
City of New York is applicable, the appropriate code shall be administered,
enforced, varied or modified as provided therein, as well as by the NYS
Department of State's rules and regulations and the requirements set forth in
this Part.
(e) An applicant for an
operating certificate shall confirm that the building in which the facility is
located satisfies OPWDD's conditions by:
(1) a
certificate of occupancy, or equivalent, which documents the building's
compliance with the 2002 edition of the Uniform Code or compliance with the
1984 edition of the Uniform Code or, where applicable, the building's
compliance with the 1968 edition of the Building Code of the City of New York;
or
(2) if the applicant is unable
to obtain such a certificate or equivalent, a signed report from a New York
State registered architect or licensed engineer that describes the building's
compliance with applicable Uniform Code requirements; or
(3) in a building which pre-existed the
January 1, 1984 implementation of the Uniform Code or the 1968 Building Code of
the City of New York that is to be utilized as one of the following facilities,
a signed report from a New York State licensed architect or engineer that
documents the use of the 2002 edition of the Uniform Code as a comparable
standard to assure the safety of the building. In addition, the report shall
document that the building also meets the applicable requirements as follows:
(i) supervised individualized residential
alternative (IRA) (see section
635-99.1 of this Part for
residence, community) for eight or fewer persons: See section
635-7.2(a)(1)(iii)
of this Subpart;
(ii) supportive
IRA (see section
635-99.1 of this Part for
residence, community): chapter 32 (new) or 33 (existing) of the National Fire
Protection Association (NFPA) 101, Life Safety Code, 2000 edition (see section
635-7.2 of this Subpart), Board
and Care, Prompt Category;
(iii)
day habilitation site (see section
635-99.1 of this Part): NFPA 101,
Life Safety Code, 2000 edition, Business Occupancy.
(f) It is recognized that building
codes are constantly being reviewed and revised as building techniques and
technology are developed and perfected. These changes potentially will have a
bearing on increasing health and safety factors for occupants. As it is the
intent of OPWDD to encourage a safe environment, providers are encouraged, but
not necessarily required, to respond to these changes in building codes with
appropriate modifications to the facility's physical plant. Facilities by
virtue of previous compliance with the 1984 Uniform Code shall not be required
to meet the 2002 edition of the Uniform Code unless modifications to the
building are such as to require such compliance.
(g) If any physical plant modifications are
initiated that are subject to the building codes in effect at the time of
receipt of the permit for such modification or any requirements of this
section, the provider shall notify the local Developmental Disabilities
services Office (DDSO) and the appropriate designee in the OPWDD Division of
Quality Assurance in writing of the proposed changes. Once the project is
complete, the facility shall maintain documentation that such changes are in
compliance with all applicable building codes and related guides. Subsequent to
such modifications, recertification shall be subject to compliance with the
applicable building code, unless an exemption is requested and granted in
conformance with the Uniform Code or the Building Code of the City of New York
and applicable Department of State rules and regulations.
(h) For the purposes of the administration
and enforcement of the Uniform Code by the authority having jurisdiction, the
following occupancy classifications or designations shall apply to the
specified classes of facility. Nothing herein precludes OPWDD from requiring
additional Uniform Code based requirements beyond the requirements represented
by the following facility specific occupancy classifications.
(1) Residential facilities.
(i) Intermediate care facility for persons
with developmental disabilities (ICF/DD):
(a)
A facility serving 1-14 persons (a family unit pursuant to section
41.34 of
the Mental Hygiene Law).
(1) Where the
facility is located in a one- or two-family dwelling (see section
635-99.1 of this Part), either:
(ii) Classification R-3 if the facility does
not comply with the requirements of the Residential Code.
(2) Classification R-2. Where the facility is
located in a multiple dwelling.
(b) A facility serving 15 or more persons.
Classification R-2.
(ii)
Community residence (including all IRAs).
(a)
A facility serving 1-14 persons (a family unit pursuant to section
41.34 of
the Mental Hygiene Law):
(1) Where the
facility is located in a one- or two-family dwelling, either:
(ii) Classification R-3 if the facility does
not comply with the requirements of the Residential Code.
(2) Classification R-2. Where the facility is
located in a multiple dwelling.
(b) A facility serving 15 or more persons.
Classification R-2.
(iii) Specialty hospital. Classification I-2
Institutional.
(iv) Private school
(including integrated residential communities as defined in section
27.2[g] of this
Title).
(a) A facility serving 1-14 persons (a
family unit pursuant to section
41.34 of
the Mental Hygiene Law).
(1) Where the
facility is located in a one- or two-family dwelling either:
(ii) Classification R-3 if the facility does
not comply with the requirements of the Residential Code.
(2) Classification R-2. Where the facility is
located in a multiple dwelling.
(b) A facility serving 15 or more persons.
Classification R-2.
(v)
Developmental center (see section
635-99.1 of this Part).
(a) A building serving 1-14 persons.
(1) Where the building is located in a one-
or two-family dwelling, either:
(ii)
Classification R-3 if the facility does not comply with the requirements of the
Residential Code.
(2)
Classification R-2. Where the building is located in a multiple family
dwelling.
(b) A building
serving 15 or more persons. Classification R-2.
(c) A building, or a part thereof, where
OPWDD has determined the need for this classification, based upon the number
and/or the capabilities and the service needs of the occupants. Classification
I-2.
(2)
Nonresidential facilities.
(i) Clinic
treatment facility. Classification B; Business.
(ii) Day training facility. Classification B;
Business. A sheltered workshop certified as a day training facility.
Classification F; Factory.
(iii)
Day treatment facility. Classification B; Business.
(iv) Day treatment programs may be operated
within the same space as a certified day training or sheltered employment
program and shall be considered the same occupancy for the purpose of occupancy
classification as the day training/sheltered employment program if:
(a) all occupants of the day treatment
setting can evacuate the site totally to a point of safety in less than 13
minutes. Examples of points of safety are exiting the building; exiting to
another fire/smoke zone separated from all other space by floors, horizontal
exits or smoke barriers, all of which have direct exits to the exterior of the
building to a public way; and
(b)
the day treatment setting occupies 30 percent or less of the certified day
training/sheltered employment program's total gross square footage.
(v) Diagnostic and research clinic
facility (see section
635-99.1 of this Part).
Classification B; Business.
(i) For purposes of the administration and
enforcement of the Building Code of the City of New York by the authority
having jurisdiction, the following occupancy classifications shall apply to the
specified facilities.
(1) Residential
facilities.
(i) Intermediate care facility
for persons with developmental disabilities (ICF/DD):
(a) A facility serving 1-14 persons (a family
unit pursuant to section
41.34 of
the Mental Hygiene Law):
(1) Classification
J-3. Where the facility is located in a one- or two-family dwelling.
(2) Classification J-2. Where the facility is
located in a multiple dwelling.
(b) A facility serving 15 or more persons.
Classification J-2.
(ii)
Community residence (including all IRAs).
(a)
A facility serving 1-14 persons (a family unit pursuant to section
41.34 of
the Mental Hygiene Law):
(1) Classification
J-3. Where the facility is located in a one- or two-family dwelling.
(2) Classification J-2. Where the facility is
located in a multiple dwelling.
(b) A facility serving 15 or more persons.
Classification J-2.
(iii) Specialty hospital. Classification
H-2.
(iv) Private school (including
integrated residential communities as defined in section
27.2[g] of this
Title).
(a) A facility serving 1-14 persons (a
family unit pursuant to section
41.43 of
the Mental Hygiene Law).
(1) Classification
J-3. Where the facility is located in a one- or two-family dwelling.
(2) Classification J-2. Where the facility is
located in a multiple dwelling.
(b) A facility serving 15 or more persons.
Classification J-2.
(v)
Developmental center.
(a) A building serving
1-14 persons.
(1) Classification J-3. Where
the building is located in a one- or two-family dwelling.
(2) Classification J-2. Where the building is
located in a multiple dwelling.
(b) A building serving 15 or more persons.
Classification J-2.
(c) A building,
or a part thereof, where OPWDD has determined the need for this classification,
based upon the number and/or the capabilities and the service needs of the
occupants. Classification H-2.
(2) Nonresidential facilities.
(i) Clinic treatment facility. Classification
E; Business.
(ii) Day training
facility. Classification E; Business. A sheltered workshop certified as day
training facility. Classification D-2; Industrial.
(iii) Day treatment facility. Classification
E; Business.
(iv) Day treatment
programs may be operated within the same space as a certified day training or
sheltered employment program and shall be considered the same occupancy for the
purpose of occupancy classification as the day training/sheltered employment
program if:
(a) all occupants of the day
treatment setting can evacuate the site totally to a point of safety in less
than 13 minutes. Examples of points of safety are exiting the building; exiting
to another fire/smoke zone separated from all other space by floors, horizontal
exits or smoke barriers, all of which have direct exits to the exterior of the
building to a public way; and
(b)
the day treatment setting occupies 30 percent or less of the certified day
training/sheltered employment program's total gross square footage.
(v) Diagnostic and research clinic
facility. Classification E; Business.
(j) Those facilities certified or recertified
prior to promulgation of this Subpart have, by virtue of such certification or
recertification, demonstrated compliance with building code requirements for
the purposes of certification by OPWDD. Any exemptions (including those
formerly referred to as "waivers") granted for purpose of issuing an operating
certificate, shall continue in effect until rescinded in writing by the
commissioner for cause.
