N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 635-7.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 635-7.1 - Building codes (see glossary) and occupancy classifications for all facilities other than family care homes (see glossary)

(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:

(i) Residential Code; or

(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:

(i) Residential Code; or

(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:

(i) Residential Code; or

(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:

(i) Residential Code; or

(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.

(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.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 635-7.1

Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff. 11/1/2015

Amended New York State Register April 20, 2016/Volume XXXVIII, Issue 16, eff. 4/20/2016

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016