N.Y. Comp. Codes R. & Regs. tit. 10 § 711.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 711.9 - Waivers and approvals of equivalent or innovative construction standards

(a) Nothing in this Chapter shall be construed to effect any waivers of construction standards that had been granted by the commissioner and were in effect immediately prior to the effective date of this section, except for subdivision (d) of this section.

(b) Notwithstanding any provision in this Chapter to the contrary, the commissioner may waive compliance with applicable requirements set forth in Parts 712 through 716 of this Title, provided that all of the following conditions are met:

(1) The licensed operator or proposed operator of a health facility submits to the department a written request for a waiver that describes the following:

(i) the regulatory standards for which the waiver is sought;

(ii) the reasons for the request for the waiver;

(iii) a description of the proposed alternative to compliance with the regulatory standards for which the waiver is sought;

(iv) a description of the physical areas that would be affected by the waiver and the impact that the waiver and implementation of an approved alternative would have on the function and safety of the health facility, if approved; and

(v) a description of the financial impact of the proposed waiver alternative, if implemented.

(2) The licensed operator or proposed operator of the health facility submits additional documentation as requested by the commissioner.

(3) The commissioner finds:

(i) that compliance with regulatory provisions for which the waiver is sought is impractical, unduly burdensome or would impede the implementation of an improvement in the design, function or construction of the health facility; and

(ii) the proposed waiver, if granted, and the approved alternative, if implemented, would not adversely impact the financial viability of the health facility, or cause the health facility to be out of compliance with applicable Federal or local construction or health and safety standards; and

(iii) implementation of the proposed alternative to regulatory compliance would not adversely affect the function of the health facility or the health and safety of care of any of its occupants.

(c) The commissioner may, upon request from a licensed operator or applicant for construction approval, approve an innovative design for energy conservation, which may increase initial construction costs, but which will result in major operational savings due to lower energy costs during the lifetime of the facility, may be approved by the commissioner.

(d) All waivers or equivalencies granted by the commissioner shall be for a period not in excess of the duration of the operating certificate of the medical facility for which such a waiver or equivalency is granted.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 711.9