N.Y. Comp. Codes R. & Regs. tit. 18 § 442.4

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

Section 442.4 - Buildings and equipment

(a)Definitions.

As used in this section, the following definitions shall apply:

(1)Building means a structure.

(2)Construction means the erection of a new structure.

(3)Addition means extension or increase in area, height or equipment of an existing structure.

(4)Substantial modification means any alteration, change, rearrangement or reconstruction to an existing structure or equipment, except for ordinary repairs and maintenance.

(5)Equipment means fixtures or articles affixed to the structures.

(6)Occupancy means use of a building, structure or premises; abandonment or vacating a building or a major part of a building shall be considered a change in occupancy.

(b)Construction, addition, substantial modification and change in occupancy.

(1) Except for buildings or parts of buildings used in the operation of a child-caring institution in substantial compliance with applicable requirements on October 31, 1964, on and after November 1, 1964 no building and no part of a building shall be used for the care of children except with the approval in writing of the department. To qualify for approval by the department, the building or part thereof to be used must be in substantial compliance with the appropriate provisions of the State Building Construction Code relating to institutions, the regulations of the department and all other applicable provisions of State and local laws, ordinances, rules and regulations.

(2) There shall be no construction, addition, substantial modification or change in occupancy of buildings or parts of buildings used or to be used in the operation of a child-caring institution, except on plans and designs approved in writing by the department. Plans shall be submitted for approval in accordance with the procedure prescribed by the department therefor. To qualify for approval by the department, plans and specifications must be in substantial compliance with the appropriate provisions of the State Building Construction Code relating to institutions, the regulations of the department and all other applicable provisions of State and local laws, ordinances, rules and regulations.

(3) No changes or modifications shall be made in approved plans or specifications without the approval of the department.

(4) The approval of the department shall become void one year after given unless a contract for the approved construction or reconstruction shall have been entered into.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 442.4

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015