N.Y. Comp. Codes R. & Regs. tit. 14, § 635-7.5 – Physical plant, environmental and certification requirements for site based day habilitation and for site based prevocational services sites established on and after September 1, 2016.

(a) Any building or space purchased or leased for the purpose of the delivery of day habilitation services or site based prevocational services through the home and community-based services (HCBS) waiver shall be certified pursuant to the requirements of section 16.05 of the Mental Hygiene Law.
(b) The requirements associated with the Certification of Need (CON) application and approval process as set forth in Part 620 of this Title shall be applicable to any day habilitation site or site based prevocational services site for which an operating certificate will be issued pursuant to this section.
(c) An operating certificate for such building or space may only be issued to the entity that is also the authorized provider (section 635-10.1[b] of this Part) of the HCBS waiver day habilitation services (see section 635-10.4[b][2] of this Part) or site based prevocational services (see section 635-10.4[k]) to be provided at the site.
(d) The following physical plant requirements must be met for the certification of day habilitation sites or site based prevocational services sites:
1. (1) The applicable nonresidential environmental requirements found in this Subpart, sections 635-7.1 and 635-7.3.
2. (2) For purposes of the administration and enforcement of the Uniform Code, or the Building Code of the City of New York, by the authority having jurisdiction, the following occupancy classifications shall apply to the specific site.
  1. (i) If the existing occupancy classification meets the intended use of the site, the classification shall remain.
  2. (ii) Where the commissioner determines that the existing occupancy classification of the premises does not meet the intended use for the services to be provided, or the premises are not subject to an existing classification, the occupancy classification to be applied shall be B (Business), outside of New York City, and Classification E (Business) in the City of New York.
3. (3) Nothing herein precludes OPWDD from requiring additional safety requirements based on the individualized safety needs of the persons receiving services at the site.
(e) An evacuation and safety plan specific to the certified premises shall be developed and implemented that is designed with consideration of the capabilities of the persons receiving services, the staffing of the premises, and the physical plant configuration. A description of the evacuation and safety training for individual participants and staff shall be included in the plan.
(f) Unless the building is fully sprinklered, each certified site shall be equipped with interconnected, hardwired smoke detection and alarm devices to assure early notification of the certified site. At a minimum, the devices shall be installed in required exit ways from the certified space.
(g) When a day habilitation site or site based prevocational services site is financed with a Dormitory Authority of the State of New York (DASNY) loan granted pursuant to the provisions of Part 621 of this Title, the certificate holder shall, throughout the term of the loan:
1. (1) be the primary provider of day habilitation services or site based prevocational services at the site; and
2. (2) project and generate income or other receivables for such day habilitation services or site based prevocational services at the site, in the form of State reimbursement for such holder, in an amount adequate and sufficient to meet the amount of the monthly debt service payable under a DASNY loan obtained by it, or obtained jointly by it in conjunction with a related holding company as owner of the site, for the purposes of financing or refinancing capital costs associated with such site.