All health facilities shall comply with the pertinent provisions of the standards and codes referred to in this section and with local laws relating to zoning, sanitation, fire safety and construction, where such local laws represent standards in addition to those required by this Part. Reference throughout this Chapter to codes and standards shall be those editions listed in this section. If a conflict occurs between the following codes and standards or between them and regulations elsewhere in this Chapter then compliance with the more restrictive regulation is required. If Federal regulatory requirements conflict with the codes and standards referred to in this section, the department may waive compliance with such standards and codes, provided that a health facility fully complies with said Federal regulatory requirements.
(a) The following National Fire Protection Association (NFPA) Codes and Standards are hereby incorporated by reference, with the same force and effect as if fully set forth at length herein. These codes and standards are available for public inspection and copying at the Regulatory Affairs Unit, New York State Department of Health, Corning Tower, Empire State Plaza, Albany, NY 12237. The codes and standards are published by the National Fire Protection Association, and copies are also available from the National Fire Protection Association, One Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101, 1- 800-344-3555 or www.nfpa.org. The various codes and standards are available from the NFPA either as individual publications or as contained within the Compilation of NFPA National Fire Codes, 1999 edition. (1) NFPA 101--Life Safety Code, 2000 edition.(2) NFPA 101A--Guide on Alternative Approaches to Life Safety, 1998 edition.(3) NFPA 10--Standard for Portable Fire Extinguishers, 1998 edition.(4) NFPA 13--Standard for the Installation of Sprinkler Systems, 1999 edition.(5) NFPA 14--Standard for the Installation of Standpipe, Private Hydrants and Hose Systems, 2000 edition.(6) NFPA 25--Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, 1998 edition.(7) NFPA 30-1996--Flammable and Combustible Liquids Code.(8) NFPA 31--Standard for the Installation of Oil-Burning Equipment, 1997 edition.(9) NFPA 45-1996--Standard on Fire Protection for Laboratories Using Chemicals.(10) NFPA 54--National Fuel Gas Code, 1999 edition.(11) NFPA 58--Liquefied Petroleum Gases Code, 1998 edition.(12) NFPA 70--National Electrical Code, 1999 edition.(13) NFPA 72--National Fire Alarm Code, 1999 edition.(14) NFPA 80--Standard for Fire Doors and Fire Windows, 1999 edition.(15) NFPA 82--Standard on Incinerators and Waste and Linen Handling Systems and Equipment, 1999 edition.(16) NFPA 90A--Standard for the Installation of Air Conditioning and Ventilating Systems, 1999 edition.(17) NFPA 90B--Standard for the Installation of Warm Air Heating and Air-Conditioning Systems, 1999 edition.(18) NFPA 91--Standards for Exhaust Systems for Air Conveying of Vapors, Gases, Mists and Noncombustible Particulate Solids, 1999 edition.(19) NFPA 96--Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, 1998 edition.(20) NFPA 99--Standard for Health Care Facilities, 1999 edition.(21) NFPA 110--Standard for Emergency and Standby Power Systems, 1999 edition.(22) NFPA 111--Standard on Stored Electrical Energy Emergency and Standby Power Systems, 1996 edition.(23) NFPA 211--Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances, 2000 edition.(24) NFPA 220--Standard on Types of Building Construction, 1999 edition.(25) NFPA 221--Standard for Fire Walls and Fire Barrier Walls, 1997 edition.(26) NFPA 241-1996--Standard for Safeguarding Construction, Alteration, and Demolition Operations.(27) NFPA 251--Standard Methods of Tests of Fire Endurance of Building Construction and Materials, 1999 edition.(28) NFPA 252--Standard Methods of Fire Tests of Door Assemblies, 1999 edition.(29) NFPA 253--Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source, 2000 edition.(30) NFPA 255--Standard Method of Test of Surface Burning Characteristics of Building Materials, 2000 edition.(31) NFPA 256--Standard Method of Fire Tests of Roof Coverings, 1998 edition.(32) NFPA 257--Standard on Fire Test for Windows and Glass Block Assemblies, 2000 edition.(33) NFPA 260--Standard Methods of Tests and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture, 1998 edition.(34) NFPA 261--Standard Method of Tests for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes, 1998 edition.(35) NFPA 265--Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile Wall Coverings, 1998 edition.(36) NFPA 266--Standard Method of Test for Fire Characteristics of Upholstered Furniture Exposed to Flaming Ignition Source, 1998 edition.(37) NFPA 267--Standard Method of Test for Fire Characteristics of Mattresses and Bedding Assemblies Exposed to Flaming Ignition Source, 1998 edition.(38) NFPA 286--Standard Methods of Fire Tests for Evaluating Room Fire Contribution of Wall and Ceiling Interior Finish, 2000 edition.(39) NFPA 418--Standard for Heliports, 1995 edition.(40) NFPA 701--Standard Methods of Fire Tests for Flame Propagation of Textiles and Films, 1999 edition.(41) NFPA 703--Standard for Fire Retardant Impregnated Wood and Fire Retardant Coatings for Building Materials, 2000 edition.(b) The following codes and standards are hereby incorporated by reference, with the same force and effect as if fully set forth at length herein. These codes and standards are available for public inspection and copying at the Regulatory Affairs Unit, New York State Department of Health, Corning Tower, Empire State Plaza, Albany, NY 12237. Copies are also available from the publisher or issuing organization at the address listed. (1) ANSI/ASHRAE Standard 52.2-1999, Method of Testing Air-Cleaning Devices for Removal Efficiency by Particle Size, 1999 edition. American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, GA 30329.(2) Compressed Gas Association, Inc. (CGA) Pamphlet E-10, Maintenance of Medical Gas and Vacuum Systems in Health Care Facilities, third edition, 2007. Compressed Gas Association, Inc., 4221 Walney Road, Chantilly, VA 20151-2923, www.cganet.com.(3) National Council on Radiation Protection and Measurements (NCRP) Report No. 102- Medical X-Ray, Electron Beam and Gamma-Ray Protection for Energies Up to 50MeV (1989). National Council on Radiation Protection and Measurements, 7910 Woodmont Avenue, Bethesda, MD 20814-3095, www.ncrppublications.org.(4) National Council on Radiation Protection and Measurements (NCRP) Report No. 147- Structural Shielding Design for Medical X-Ray Imaging Facilities, 2004 edition. National Council on Radiation Protection and Measurements, 7910 Woodmont Avenue, Bethesda, MD 20814-3095, www.ncrppublications.org.(5) National Council on Radiation Protection and Measurements (NCRP) Report No. 144- Radiation Protection for Particle Accelerator Facilities, 2003 edition. National Council on Radiation Protection and Measurements, 7910 Woodmont Avenue, Bethesda, MD 20814-3095, www.ncrppublications.org.(6) 1996-97 Guidelines for Design and Construction of Hospital and Health Care Facilities, 1996 edition. The American Institute of Architects Academy of Architecture for Health, with assistance from the U.S. Department of Health and Human Services, the American Institute of Architects Press, 1735 New York Avenue, N.W., Washington, D.C. 20006. The standards set forth in this paragraph are applicable to construction projects completed pursuant to Subparts 712-2 and 713-2 of this Title and other applicable provisions in this Chapter. Such projects must, at minimum, maintain compliance with these standards.(7) Guidelines for Design and Construction of Health Care Facilities, 2010 edition. The American Society for Healthcare Engineering, with assistance from the U.S. Department of Health and Human Services, One North Franklin Street, Chicago, IL 60606, and at www.ashe.org.(c) Design standards for the disabled. The Americans with Disabilities Act of 1990 (ADA) extends comprehensive civil rights protection to persons with disabilities. Health care facilities must comply with the ADA and the regulations, which implement it. Title 28 of the Code of Federal Regulations, Public Health parts 35, Non-Discrimination on the Basis of Disability in State and Local Government Services, and part 36, Non-Discrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities, including appendix A, Standard for Accessible Design, 2004 edition. These regulations are published by the Office of the Federal Register National Archives and Records Administration. Copies may be obtained from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402.N.Y. Comp. Codes R. & Regs. Tit. 10 § 711.2