Sec. 676.8. Buildings and equipment

(a) The entire physical plan of a diagnostic and research clinic shall be constructed and maintained so as to be structurally sound, physically safe, sanitary, convenient and comfortable.

(b) The diagnostic and research clinic shall comply with the following codes and regulations:

(1) chapter 10, 1973 edition, Life Safety Code of the National Fire Protection Association (NFPA No. 101);

(2) the State Building Construction Code (9 NYCRR Subtitle S, Chapter I) applicable to occupancy group C6.2;

(3) New York State Building Construction Code applicable to plumbing;

(4) the New York State Energy Conservation Code;

(5) New York State Lighting Power Standard;

(6) National Electrical Code;

(7) American National Safety Code for Elevators;

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

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

(10) American National Standards Institute (ANSI) Standards No. A 117.1 (1961). “American Standard Specifications for Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped”;

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

(12) New York State Department of Health requirements for water supply and sewage disposal;

(13) buildings which do not house bedrooms shall meet all requirements of the applicable sections of the State Building Construction Code (9 NYCRR Subtitle S, Chapter I); and

(14) the building in which the diagnostic and research clinic is located shall meet all applicable requirements of the State Building Construction Code (9 NYCRR Subtitle S, Chapter I, Occupancy Group B1) applicable to multiple dwellings.

(c) The commissioner of OPWDD may waive the application of specific provisions of any of the various codes noted above for a facility, for such periods as he or she deems appropriate, if the application of such provisions would result in an unreasonable hardship to the diagnostic and research clinic. However, the commissioner shall have authority to grant such waivers only if the health and safety of the persons with developmental disabilities served by the clinic will not be adversely affected.