Sec. 180-1.15. Secure and non-secure institutional facilities—new construction and alteration

(a) Plans for construction of secure detention facilities.

On and after the date this rule becomes effective, no building to be used as a detention facility for children shall be constructed or remodeled, in whole or in part, except on plans and designs approved in writing by the division. Plans shall be submitted for approval in accordance with the procedure prescribed by the division. No child shall be detained in any new or remodeled building where plans and designs have not been approved by the division or have not been submitted to the division for its approval.

(b) Definitions.

As used in this section, the following definitions apply:

(1) Building means a structure.

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

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

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

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

(6) Occupancy means use or purpose of a building, structure or premises or any room located therein.

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

(1) 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 secure detention facility except on plans and designs approved in writing by the New York State Division for Youth. Plans shall be submitted for approval in accordance with the procedures prescribed by the division. To qualify for approval by the division, 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 division and all other applicable provisions of State and local laws, ordinances, rules and regulations.

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

(3) The approval of the division shall become void one year after given, unless a contract for the approved construction or reconstruction shall have been entered into prior thereto.

(d) Site design.

Site design considerations shall include at least the following: security, privacy, ease of group movement and supervision, outdoor play features, parking, service access, lighting, and convenient accessibility to public transportation. Planning shall tend to discourage unauthorized or objectionable communication with the outside community.

(e) Design for supervision.

The design of new detention facilities shall encompass good planning for the movement of supervised groups and individual children throughout. Glazing in doors and partitions, using shatter-resistant safety glass, shall be utilized to promote effective supervision, security and safety of the children. Steel bars, exposed toilet fixtures, and similar equipment exhibiting a jail-like character are to be avoided wherever possible.