(a) In furtherance of the mandate of the New York State Uniform Fire Prevention and Building Code (hereafter referred to as the Uniform Code), any building or premises under the custody, supervision or jurisdiction of a department or agency of the State of New York shall comply with the Uniform Code. The occupancy classifications and requirements as specified in subdivision (h) of this section are hereby established as applicable to the premises, buildings and equipment of any facility certified or operated by or under the auspices of the Office for People With Developmental Disabilities.

(b) As set forth in section 381 of the Executive Law, the State's cities, towns and villages shall be responsible for administering and enforcing the appropriate section of the 2002 edition of the New York State Uniform Fire Prevention and Building Code as designated for a class of facility in subdivision (h) of this section, where the buildings, premises and equipment are owned or leased by parties or entities other than the State of New York, its departments, agencies or offices. In the City of New York, the building code of the City of New York shall be administered and enforced by the city as to such facilities. Said codes are available as follows:

(c) Pursuant to 19 NYCRR Parts 1201 and 1204, OPWDD shall be accountable for administration and enforcement of the appropriate section of the Uniform Code as designated in subdivision (h) of this section with respect to these facilities where the buildings, premises and equipment are owned or leased by the State of New York, and its departments, agencies or offices.

(d) With respect to all facilities to which the Uniform Code or the Building Code of the City of New York is applicable, the appropriate code shall be administered, enforced, varied or modified as provided therein, as well as by the NYS Department of State's rules and regulations and the requirements set forth in this Part.

(e) An applicant for an operating certificate shall confirm that the building in which the facility is located satisfies OPWDD's conditions by:

(f) It is recognized that building codes are constantly being reviewed and revised as building techniques and technology are developed and perfected. These changes potentially will have a bearing on increasing health and safety factors for occupants. As it is the intent of OPWDD to encourage a safe environment, providers are encouraged, but not necessarily required, to respond to these changes in building codes with appropriate modifications to the facility's physical plant. Facilities by virtue of previous compliance with the 1984 Uniform Code shall not be required to meet the 2002 edition of the Uniform Code unless modifications to the building are such as to require such compliance.

(g) If any physical plant modifications are initiated that are subject to the building codes in effect at the time of receipt of the permit for such modification or any requirements of this section, the provider shall notify the local Developmental Disabilities services Office (DDSO) and the appropriate designee in the OPWDD Division of Quality Assurance in writing of the proposed changes. Once the project is complete, the facility shall maintain documentation that such changes are in compliance with all applicable building codes and related guides. Subsequent to such modifications, recertification shall be subject to compliance with the applicable building code, unless an exemption is requested and granted in conformance with the Uniform Code or the Building Code of the City of New York and applicable Department of State rules and regulations.

(h) For the purposes of the administration and enforcement of the Uniform Code by the authority having jurisdiction, the following occupancy classifications or designations shall apply to the specified classes of facility. Nothing herein precludes OPWDD from requiring additional Uniform Code based requirements beyond the requirements represented by the following facility specific occupancy classifications.

(i) For purposes of the administration and enforcement of the Building Code of the City of New York by the authority having jurisdiction, the following occupancy classifications shall apply to the specified facilities.

(j) Those facilities certified or recertified prior to promulgation of this Subpart have, by virtue of such certification or recertification, demonstrated compliance with building code requirements for the purposes of certification by OPWDD. Any exemptions (including those formerly referred to as “waivers”) granted for purpose of issuing an operating certificate, shall continue in effect until rescinded in writing by the commissioner for cause.