N.Y. Comp. Codes R. & Regs. Tit. 14 § 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.