Current through Register Vol. 46, No. 39, September 25, 2024
(a) The
entire physical plan of a diagnostic and research clinic shall be constructed
and maintained so as to be structurally sound, physically safe, sanitary,
convenient and comfortable.
(b) The
diagnostic and research clinic shall comply with the following codes and
regulations:
(1) chapter 10, 1973 edition,
Life Safety Code of the National Fire Protection Association (NFPA No.
101);
(2) the State Building
Construction Code (9 NYCRR Subtitle S, Chapter I) applicable to occupancy group
C6.2;
(3) New York State Building
Construction Code applicable to plumbing;
(4) the New York State Energy Conservation
Code;
(5) New York State Lighting
Power Standard;
(6) National
Electrical Code;
(7) American
National Safety Code for Elevators;
(8) Food Service Sanitation Publication 934
of the United States Department of Health, Education and Welfare;
(9) ASA Z66.1 "American Standards
Specifications to Minimize Hazards to Children from Residual Surface Coating
Material";
(10) American National
Standards Institute (ANSI) Standards No. A 117.1 (1961). "American Standard
Specifications for Making Buildings and Facilities Accessible to and Usable by
the Physically Handicapped";
(11)
New York State Department of Environmental Conservation requirements for waste
disposal and air quality;
(12) New
York State Department of Health requirements for water supply and sewage
disposal;
(13) buildings which do
not house bedrooms shall meet all requirements of the applicable sections of
the State Building Construction Code (9 NYCRR Subtitle S, Chapter I);
and
(14) the building in which the
diagnostic and research clinic is located shall meet all applicable
requirements of the State Building Construction Code (9 NYCRR Subtitle S,
Chapter I, Occupancy Group B1) applicable to multiple dwellings.
(c) The commissioner of OPWDD may
waive the application of specific provisions of any of the various codes noted
above for a facility, for such periods as he or she deems appropriate, if the
application of such provisions would result in an unreasonable hardship to the
diagnostic and research clinic. However, the commissioner shall have authority
to grant such waivers only if the health and safety of the persons with
developmental disabilities served by the clinic will not be adversely
affected.
