N.Y. Comp. Codes R. & Regs. tit. 18, § 476.1 – Applicability.

(a) Except as otherwise specified in subdivision (b) of this section, the provisions of this Article shall be applicable to all children's facilities subject to visitation, inspection and supervision by the department, including but not limited to the following:
1. (1) voluntary child-caring institutions operated by not-for-profit or membership corporations or by a charitable organization otherwise established pursuant to statute;
2. (2) public child-caring institutions;
3. (3) group residences;
4. (4) group homes; and
5. (5) agency boarding homes.
(b) The provisions of this Article are not applicable to any facility operated by a State department or agency or a facility which, pursuant to law, is licensed or certified to operate by a State department or agency or by an authorized agency.