Sec. 1001.13. Structural and environmental standards

(a) An operator of an assisted living residence must comply with the following standards in addition to the applicable standards contained in 18 NYCRR sections 487.11, 488.11 and, if applicable, 494.7, as well as any other regulation applicable to assisted living residences, adult homes or enriched housing programs adopted subsequent to the date of adoption of this section.

(b) Existing structures.

(1) Buildings which have both Part 1 and architectural approval pursuant to 18 NYCRR section 485.6 and for which construction commenced prior to the date of adoption of this Part, and for which certificates of occupancy have been issued, or for which occupancy has been locally approved but which are not yet occupied on such date, or were licensed as an adult home or enriched housing program prior to such date, will be considered existing structures. The department reserves the right to re-examine the adequacy of life and fire safety features in existing licensed structures should it be determined that codes, rules and regulations that were applicable to the structure at the time of licensure are not met.

(2) An existing building that is not currently licensed as an enriched housing program or adult home and is seeking to be licensed as an ALR, enhanced ALR or special needs ALR shall meet all applicable structural and environmental requirements currently in effect for either an enriched housing program or an adult home, as applicable.

(3) In situations where a certificate of occupancy reflecting currently applied occupancy group designation for an enriched housing program or an adult home is not available or attainable from the local authority having jurisdiction, but there is a valid certificate of occupancy in place for the building, the department will accept an architect's or engineer's letter of certification signed by a registered architect (RA) or professional engineer (PE) certifying that the building under consideration meets all applicable codes, rules and regulations.

(4) In addition to meeting the requirements set forth in paragraph (2) of this subdivision, a building used by the operator of an ALR, enhanced ALR or special needs ALR must comply with the following fire safety features.

(i) An automatic sprinkler system throughout the building.

(a) An ALR with five to 16 beds shall have a NFPA 13R or NFPA 13 automatic sprinkler system installed.

(b) An ALR with 17 or more beds, and an enhanced ALR or special needs ALR of any size, shall have a NFPA 13 automatic sprinkler system installed.

(ii) A supervised smoke-detection system throughout the building, including all bedrooms.

(iii) Fire protection systems directly connected to the local fire department, or to a 24-hour attended central station.

(iv) Handrails on both sides of all resident-use corridors and stairways.

(v) A centralized emergency call-system in all bedrooms easily reachable from bedside and in all resident-use toilet and bathing areas, easily reachable from each fixture.

(5) A building used by the operator of an enhanced ALR or special needs ALR must, in addition, comply with the following sixth safety feature:

(i) Buildings with a capacity of 17 or more residents shall have smoke barriers to divide each floor into at least two smoke compartments, neither of which shall have corridors exceeding 100 feet in length. For the purposes of this Part, a smoke barrier means a continuous fire-rated partition or wall, extending from one exterior wall to another exterior wall, with all openings (doorways, etc.) protected with fire-rated and smoke-tight doors equipped with appropriate hardware.

(c) New structures.

(1) A new building constructed as an ALR, special needs ALR or enhanced ALR shall meet the applicable structural and environmental requirements currently in effect for a new enriched housing program or an adult home. A new building shall be any building for which construction is commenced after the date of adoption of this Part.

(2) New buildings will also be required to meet the five safety features referenced in paragraph (b)(3) of this section. Enhanced ALRs and special needs ALRs with capacities of 17 or more beds shall also meet the additional sixth safety feature referenced above in paragraph (b)(4) of this section.

(3) New buildings, except for buildings in New York City, are subject to the New York State Building Code, Occupancy Group I-1. Residences with 5-16 beds may comply with Occupancy Group R-4 as an alternative to I-1.

(4) New buildings in New York City are subject to New York City Building Code, Occupancy Group J-2.

(d) The following additional standards will apply to every ALR, enhanced ALR and special needs ALR:

(1) All bedrooms shall be limited to single or double occupancy.

(2) Minimum corridor widths shall be 60 inches.

(3) Minimum door widths shall be 32 inches to assure wheelchair accessibility.

(e) An applicant for initial licensure or certification for, or an approved operator of, an ALR, enhanced ALR or special needs ALR may submit to the department a written request for department approval of an alternate method of assuring resident welfare and safety. The request should describe how the alternative would meet the intended purpose of the particular safety feature. Proposals will also be accepted that phase in modification to permit a facility to meet these standards over a specified period of time. The department will review such requests on a case-by-case basis, considering the various facts and circumstances presented, consistent with law applicable to assisted living residences and adult care facilities. Such review will include but not be limited to the following: documentation by architects, local code enforcement and/or fire/safety officials supporting the contention that the proposed alternative will meet the intended safety outcome of the particular feature; staffing availability in the event of evacuation; the proposed timeframe for the applicant to come into conformance with the specified safety features; documentation of hardship to the applicant if the safety features were to be included; the fiscal impact of adding the safety features; the compliance record of the applicant; and any other information applicants wish to submit.