N.Y.C. Admin. Code § BC 308: Section BC 308: Institutional Group I

308.1 Institutional Group I.

Institutional Group I occupancy includes, among others, the use of a building or structure, or a portion thereof, in which care or supervision is provided to persons who are or are not capable of self-preservation without physical assistance or in which persons are detained for penal or correctional purposes or in which the liberty of the occupants is restricted. Institutional occupancies shall be classified as Group I-1, I-2, I-3 or I-4.

308.2 Definitions.

This section contains provisions for definitions of terms defined elsewhere in this code as well as the terms with definitions specific to this section.

308.2.1 Terms defined elsewhere in this code.

The following terms are defined in Chapter 2:

24-HOUR BASIS.

CARE SUITE.

INCAPABLE OF SELF-PRESERVATION.

308.2.2 Definitions specific to this section.

The following words and terms shall, for the purposes of this section, have the meanings shown herein:

CHILD CARE FACILITIES. Facilities that provide care on a 24-hour basis to more than 5 children, under the age of 2.

DETOXIFICATION FACILITIES. Facilities that serve patients who are provided treatment for substance abuse on a 24-hour basis and who are incapable of self-preservation or who are harmful to themselves or others.

HOSPITALS AND PSYCHIATRIC CENTERS. Buildings or portions thereof used on a 24-hour basis for the medical, psychiatric, obstetrical or surgical treatment of inpatients who are incapable of self-preservation.

NURSING HOMES. Nursing homes are long-term care facilities on a 24-hour basis, including both intermediate care facilities and skilled nursing facilities, serving more than five persons and any of the persons are incapable of self-preservation.

308.3 Institutional Group I-1.

Institutional Group I-1 occupancy shall include buildings, structures or parts thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services. The occupants are capable of self-preservation and capable of responding to an emergency situation without physical assistance from staff. Such occupancy shall be subject to the New York State Multiple Dwelling Law. This group shall include, but not be limited to, the following:

Adult homes, where occupants are capable of self-preservation (see Section 308.3.1)

Alcohol and drug abuse rehabilitation centers

Assisted living facilities

Community Residences or Intermediate Care Facilities (see Section 308.3.2)

Congregate care facilities

Convalescent facilities

Enriched housing, where occupants are capable of self-preservation (see Section 308.3.1)

Halfway houses

Overnight facilities for children where all supervised occupants are under the age of 18, with no more than two children under the age of 2

Residential care facilities

Social rehabilitation facilities

308.3.1 Adult homes and enriched housing.

Adult homes and enriched housing facilities operated pursuant to and meeting the additional construction requirements of Section 460 of the New York State Social Services Law and regulations of the New York State Department of Health offering care on a 24-hour basis to persons capable of self-preservation, in the same building, shall be classified as Group I-1.

Exception: Such a facility offering supervised care on a 24-hour basis for no more than 16 occupants capable of self preservation, in the same building, may be classified in Group R in accordance with Section 310.

308.3.2 Community Residences or Intermediate Care Facilities.

Community Residences or Intermediate Care Facilities, operated pursuant to and meeting the additional construction requirements of the New York State Mental Hygiene Law and applicable regulations of the New York State Office of Mental Health and Office for People with Developmental Disabilities shall be classified as Group I-1.

Exceptions: Such facilities limited to 14 residents capable of self-preservation and three staff members per dwelling unit shall be classified as:

1. Group R-1, where such facility does not occupy more than two dwelling units in a residential building classified as R-1 of Type I or II construction, or one dwelling unit in any other type of construction, and occupied on a transient basis; or

2. Group R-2 where such facility does not occupy more than two dwelling units in a residential building classified R-2 of Type I or II construction, or one dwelling unit in any other type of construction, and occupied on a long-term basis; or

3. Group R-3 where the number of dwelling units in the building does not exceed two.

308.4 Institutional Group I-2.

Institutional Group I-2 shall include buildings and structures used for medical, surgical, psychiatric, nursing or personal care on a 24-hour basis or overnight of more than two children under the age of 2, or more than three persons who are not capable of self-preservation and not capable of responding to an emergency situation without physical assistance from staff. This group shall include, but not be limited to, the following:

Adult homes, where occupants are not capable of self-preservation (see Section 308.4.1)

Child care facilities

Community Residences or Intermediate Care Facilities, where occupants are not capable of self preservation, operated pursuant to and meeting the additional construction requirements of the New York State Mental Hygiene Law and applicable regulations of the New York State Office of Mental Health and Office for people with Developmental Disabilities

Detoxification facilities

Exception: Such a facility offering care on a 24-hour basis for three or fewer persons who are not capable of self-preservation may occupy not more than one dwelling unit in a Group R occupancy.

Enriched Housing, where occupants are not capable of self-preservation (see Section 308.4.1)

Hospitals

Nursing homes

Psychiatric centers where patients are not under restraint

308.4.1 Adult homes and enriched housing.

Adult homes and enriched housing facilities operated pursuant to and meeting the additional construction requirements of Section 460 of the New York State Social Services Law and regulations of the New York State Department of Health offering care on a 24-hour basis to persons not capable of self-preservation, in the same building, shall be classified as Group I-2.

308.5 Institutional Group I-3.

Institutional Group I-3 occupancy shall include buildings and structures that are inhabited by more than five persons who are under restraint or security. A Group I-3 facility is occupied by persons who are generally incapable of self-preservation due to security measures not under the occupants' control. This group shall include, but not be limited to, the following:

Correctional centers

Detention centers

Jails

Prerelease centers

Prisons

Psychiatric centers where patients are under restraint

Reformatories

Buildings of Group I-3 shall be classified as one of the occupancy conditions specified in Sections 308.5.1 through 308.5.5.

308.5.1 Condition 1.

This occupancy condition shall include buildings in which free movement is allowed from sleeping areas, and other spaces where access or occupancy is permitted, to the exterior via means of egress without restraint. A Condition 1 facility is permitted to be constructed as Group R.

308.5.2 Condition 2.

This occupancy condition shall include buildings in which free movement is allowed from sleeping areas and any other occupied smoke compartment to one or more other smoke compartments. Egress to the exterior is impeded by locked exits.

308.5.3 Condition 3.

This occupancy condition shall include buildings in which free movement is allowed within individual smoke compartments, such as within a residential unit comprised of individual sleeping units and group activity spaces, where egress is impeded by remote controlled release of means of egress from such a smoke compartment to another smoke compartment.

308.5.4 Condition 4.

This occupancy condition shall include buildings in which free movement is restricted from an occupied space. Remote-controlled release is provided to permit movement from sleeping units, activity spaces and other occupied areas within the smoke compartment to other smoke compartments.

308.5.5 Condition 5.

This occupancy condition shall include buildings in which free movement is restricted from an occupied space. Staff-controlled manual release is provided to permit movement from sleeping units, activity spaces and other occupied areas within the smoke compartment to other smoke compartments.

308.6 Institutional Group I-4.

Institutional Group I-4 occupancy shall include custodial care facilities providing care to more than two children under the age of 2, or to more than four persons over the age of 2 who are not capable of responding to an emergency situation without physical assistance from the staff. Such occupancy shall include, but not be limited to, adult custodial care facilities and day nurseries.

Exceptions:

1. Custodial care facility as described in Section 303.

2. Custodial care facility as described in Section 304.

3. Custodial care facility as described in Exception 3 of Section 305.1.

4. Such facility providing care within a dwelling unit as described in Section 310.

5. Such facility providing care to children under the age of 2 in religious houses of worship during religious functions.