N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 635-7.2
Current through Register Vol. 46, No. 45, November 2, 2024
Section 635-7.2 - Life Safety Code requirements(a) For purposes of obtaining an operating certificate, the following Life Safety Code requirements must be met by the herein specified facility class in addition to the various building code provisions set forth in section 635-7.1 of this Subpart. (1) Residential facilities. (i) Intermediate care facility for persons with developmental disabilities (ICF/DD): chapter 32 (new) or 33 (existing), Residential Board and Care Occupancies, of the National Fire Protection Association (NFPA) 101 Life Safety Code, 2000 edition, or chapter 18 (new) or 19 (existing) Health Care Occupancies of the NFPA 101 Life Safety Code, 2000 edition.(ii) Supervised community residence initially certified or granted certification of need and approval for construction subsequent to September 1, 1985 and individualized residential alternatives (IRAs) housing nine or more persons: chapter 32 (new) or 33 (existing), Residential Board and Care Occupancies, of the NFPA 101 Life Safety Code, 2000 edition, or chapter 18 (new) or 19 (existing) Health Care Occupancies of the NFPA 101 Life Safety Code, 2000 edition.(iii) Supervised individualized residential alternatives (IRAs) for eight or fewer people in which the occupants cannot be evacuated in three minutes or less: chapter 33 (existing), Residential Board and Care Occupancies, of the NFPA 101 Life Safety Code, 2000 edition, or chapter 19 (existing) Health Care Occupancies of the NFPA 101 Life Safety Code, 2000 edition. This requirement applies to both new and existing IRAs.(iv) Private school (including an integrated residential community):(a) A facility serving 15 or fewer persons with the ability to evacuate said facility in less than 2.5 minutes. Chapter 11, Residential Occupancies, of the NFPA 101 Life Safety Code, 1973 edition.(b) A facility serving more than 15 persons or where one or more persons are unable to evacuate said facility in less than 2.5 minutes. Chapter 10, Institutional Occupancies, of the NFPA 101 Life Safety Code, 1973 edition.(c) Any private school residential facility or residential building constructed after April 1, 2008. Chapter 32 (new), Residential Board and Care Occupancies, of the NFPA 101 Life Safety Code, 2000 edition.(v) Specialty hospital. Chapter 18 (new) or 19 (existing) Health Care Occupancies, of the NFPA 101 Life Safety Code, 2000 edition.(vi) Developmental center. Chapter 32 (new) or 33 (existing), Residential Board and Care Occupancies, of the NFPA 101 Life Safety Code, 2000 edition, or chapter 18 (new) or 19 (existing) Health Care Occupancies, of the NFPA 101 Life Safety Code, 2000 edition.(2) Nonresidential facilities. Day treatment facility and diagnostic and research clinic facility (stand alone/freestanding). Chapter 20 (new) or 21 (existing) Ambulatory Health Care Occupancies, of the NFPA 101 Life Safety Code, 2000 edition. Clinic treatment facility. No Life Safety Code requirements. Day training facility (including collocated day treatment, section 635-7.1[h][2][iv] and [i] [2][iv] of this Subpart. No Life Safety Code requirements. A sheltered workshop certified as a day training facility (including collocated day treatment - section 635-7.1[h][2][iv] and [i] [2][iv] of this Subpart). No Life Safety Code requirements.(b) For purposes of the issuance of an operating certificate, the commissioner may modify application of specific provisions of this section to any facility for such periods as deemed appropriate. However, this shall occur only if strict application of the provisions would result in unreasonable hardship upon the facility. Then such modifications shall be made only if there is acceptable documentation in the form of a licensed architect's/engineer's report that such modifications do not adversely affect the health and safety of the individuals receiving services in said facility. Any exemptions (including those formerly referred to as "waivers") shall continue in effect until rescinded in writing by the commissioner for cause.(c) The following requirements apply to those supervised community residences initially certified or granted certification of need of approval for construction prior to September 1, 1985:(1) All people in residence can evacuate the facility in 2.5 minutes or less, with or without verbal and/or physical prompts (see section 686.99 of this Title) for those facilities which do not meet the requirements of chapter 32 (new) or 33 (existing) of the Life Safety Code (paragraph [a][1] of this section).(2) For those facilities which cannot document total person evacuation from the sleeping areas in 2.5 minutes or less, the facility has an established and documented E-score for the facility.(3) If an E-score is maintained by the facility, the agency/facility shall comply within its policies and procedures for maintaining an acceptable E-score and a level of evacuation difficulty, as described in NFPA 101A, Guide on Alternative Approaches to Life Safety, 2001 edition that is based on the actual mix of people being served and the staffing pattern for such facility.(4) If an E-score is maintained by the facility, there are written policies and procedures evaluating an applicant's effect on the facility's E-score prior to admission.(d) The Life Safety Code and Guide on Alternative Approaches to Life Safety are available from the National Fire Protection Association, One Batterymarch Park, Quincy, MA 02169-7471; or are available for review during business hours and by appointment at the following locations: (1) the Department of State, Division of Administrative Rules, 41 State Street, Room 330, Albany, NY 12231-0001; and(2) the Office for People With Developmental Disabilities, Attention: Public Access Officer, 44 Holland Avenue, Albany, NY 12229.(e) For an ICF/DD apply 42 CFR 483.470.N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 635-7.2
Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff. 11/1/2015Amended New York State Register April 20, 2016/Volume XXXVIII, Issue 16, eff. 4/20/2016Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016