N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.5

Current through Register Vol. 46, No. 53, December 31, 2024

Section 180-3.5 - Construction and Substantial Remodeling - Definition and Approvals

(a) Plans for Construction of a Specialized Secure Detention Facility.

On and after the date this regulation becomes effective, no building to be used as a specialized secure detention facility shall be constructed or substantially remodeled, in whole or in part, except on plans and designs approved, in writing, by OCFS and SCOC. Plans and designs shall be submitted for approval in accordance with the procedures prescribed by OCFS and SCOC. OCFS and SCOC approval must be obtained before a construction or substantial remodeling project is advertised for bids. If it is not contemplated that a bidding procedure will be followed, approval by OCFS and SCOC must be obtained before any construction or substantial remodeling is undertaken. No youth shall be detained in any new or substantially remodeled building where plans and designs have not been approved by OCFS and SCOC.

(b) Definitions.

As used in this section, the following definitions apply:

(1) "Building" shall mean a structure.

(2) "Construction" shall mean the erection of a new structure.

(3) "Addition" shall mean an extension or increase in the area or height of an existing structure.

(4) "Substantial remodeling" shall mean any alteration, change, rearrangement or reconstruction to an existing structure, except for ordinary repairs and maintenance.

(5) "Equipment" shall mean fixtures or articles affixed to the structure.

(6) "Occupancy" shall mean use or purpose of a building, structure or premises or any room located therein.

(c) Construction, Addition, Substantial Remodeling and Change in Occupancy.

(1) There shall be no construction, addition, substantial remodeling or change in occupancy of buildings or parts of buildings used or to be used in the operation of a specialized secure detention facility except on plans and designs approved in writing by OCFS and SCOC. Plans shall be submitted for approval in accordance with the procedures prescribed by OCFS and SCOC. To qualify for approval by OCFS, plans and designs must be in substantial compliance with the appropriate provisions of applicable state building and construction codes relating to institutions, the regulations of OCFS and all other applicable provisions of state and local laws, ordinances, rules and regulations. All construction and substantial remodeling must be in compliance with the minimum standards set forth in the Americans with Disabilities Act (ADA). Construction and substantial remodeling must comply with all applicable laws, codes, rules and regulations related to fire safety and prevention.

(2) No changes or modifications shall be made in approved plans or designs without the approval of OCFS and SCOC.

(3) The approval of OCFS shall become void one (1) year after given, unless a contract for the approved construction or substantial remodeling shall have been entered into prior thereto.

(d) Site Design.

Site design considerations shall comply with the regulations in this Subpart and include at least the following: security, privacy, ease of group movement, supervision and services to youth, indoor and outdoor recreation features, program and education space, natural light, ventilation, parking, service access, lighting, and convenient accessibility to public transportation where practicable.

(e) Design for Supervision and Services to Youth.

The design of a new specialized secure detention facility shall comply with the regulations in this Subpart and include planning for the movement of supervised groups and individual youth throughout the facility. To promote the security, safety and effective supervision of youth, the design shall include the use of glazing in doors and partitions, security grade doors with sufficient gauge and comparable security hardware, shatter-resistant safety glass, perimeter fencing that is at a minimum 8 feet high with 2-feet razor wire, and reinforced walls of sufficient security detention grade material that is available.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.5

Adopted New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018