N.Y. Comp. Codes R. & Regs. tit. 14 § 77.3

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

Section 77.3 - Codes and regulations

(a) The entire physical plant of a hospital for the mentally ill or residential school for the mentally retarded or alcoholism facility shall be constructed and maintained to be structurally sound, physically safe, sanitary, convenient and comfortable. To meet these requirements, all applicable provisions of the following codes and guides, as amended, shall be complied with:

(1) the Building Code of New York State and the Property Maintenance Code of New York State (Title 19 NYCRR Chapter XXXIII, Subchapter A, Parts 1221 and 1226);

(2) Life Safety Code 101 of the National Fire Protection Association. The commissioner may waive the application of specific provisions of the Life Safety Code to an existing facility for such periods as he deems appropriate, which provisions if rigidly applied would result in unreasonable hardship upon a facility, but only if such waiver will not adversely affect the health and safety of the patients or residents;

(3) the American Society of Heating, Refrigeration and Air Conditioning Engineers Guide;

(4) the Illuminating Engineering Society Handbook;

(5) Food Service Sanitation Publication #934 of the United States Department of Health, Education and Welfare;

(6) ASA Z66.1 American Standards Specifications to Minimize Hazards to Children from Residual Surface Coating Material;

(7) USA Standards Institute Specifications for Making Buildings Accessible to and Usable by the Physically Handicapped;

(8) New York State Department of Environmental Conservation requirements for waste disposal and air quality;

(9) New York State Department of Health requirements for water supply and sewage disposal.

(b) All local codes, ordinances and regulations governing land use, construction, safety, health, sanitation, fire prevention and zoning must be complied with. Written evidence of compliance as determined by appropriate local inspectors must be provided. Compliance with local requirements shall not be sufficient if any such requirement is less than any provision of a code specified in subdivision (a) of this section.

(c) If part of the physical plant is to be used for nonresidential programs, the space for such programs must be described in the site and space utilization plan and must comply with Part 85 of this Title. If residents and nonresidents are mixed in programs, space shall be provided for nonresidents in size and design required by this Part.

(d) For residential schools for the mentally retarded, all applicable provisions of the State Building Construction Code and the National Fire Protection Association Life Safety Code 101 are as follows:

(1) For persons deemed capable of self-preservation as defined in section 686.2 of this Title:

(i) For those living units which are planned to house 15 or fewer residents, exclusive of staff:

(a) The NYS Building Construction Code, latest edition (9 NYCRR Subtitle S, Chapter I, Occupancy Group B1), applicable to multiple dwellings.

(b) Chapter 11 (1973 edition) Life Safety Code of the National Fire Protection Association (NFPA 101), as it applies to lodging and rooming houses.

(ii) For those living units which are planned to house, or which do house 16 or more residents, exclusive of staff:

(a) The NYS Building Construction Code, latest edition (9 NYCRR, Subtitle S, Chapter I, Occupancy Group C 6.2), as it applies to institutions.

(b) Chapter 10 (1973 edition), Life Safety Code of the National Fire Protection Association (NFPA 101), as it applies to health care occupancies.

(2) For persons deemed not capable of self-preservation:

(i) The NYS Building Construction Code, latest edition (9 NYCRR, Subtitle S, Chapter I, Occupancy Groups C 6.2), as it applies to institutions.

(ii) Chapter 10 (1973 edition), Life Safety Code of the National Fire Protection Association (NFPA 101), as it applies to health care occupancies.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 77.3