New York City Council Header
File #: Int 0278-2018    Version: * Name: Denying building permits where a nursing home has an excessive number of citations.
Type: Introduction Status: Committee
Committee: Committee on Housing and Buildings
On agenda: 1/31/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to denying building permits where a nursing home has an excessive number of citations
Sponsors: Donovan J. Richards, Deborah L. Rose, Public Advocate Jumaane Williams
Council Member Sponsors: 3
Summary: This bill would prohibit the Department of Buildings (“DOB”) from issuing building permits when a nursing home has been repeatedly cited for failures in New York State Department of Health (“NYS DOH”) surveys. As the number of beds increases so does the required number of citations (Standard Health and Life Safety Code citations) before this provision is triggered. For example, the DOB is prohibited from issuing a building permit for expansion to a nursing home with more than 300 beds that has received more than 10 Standard Health citations or more than 12 Life Safety Code citations in the aggregate for its three most recent NYS DOH surveys. An exception is made where the issuance of a permit is necessary to correct an outstanding violation of the New York City Construction Codes or of any other applicable provision of law or rule, or where the DOB Commissioner determines that a permit is necessary to perform work to protect public health and safety.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 278, 2. Int. No. 278, 3. January 31, 2018 - Stated Meeting Agenda

Int. No. 278

 

By Council Members Richards, Rose and the Public Advocate (Mr. Williams)

 

A Local Law to amend the administrative code of the city of New York, in relation to denying building permits where a nursing home has an excessive number of citations

 

Be it enacted by the Council as follows:

 

                     Section 1. Article 105 of chapter 1 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-105.1.3 to read as follows:

                     § 28-105.1.3 Denial of permit. a. Definitions. For the purposes of this section, the following terms have the following meanings:

Life safety code citation. The term “life safety code citation” means noncompliance with a requirement set forth in the life safety code of the national fire protection association as is applicable to nursing homes.

Nursing home. The term “nursing home” has the same meaning as is ascribed to the term “facility” in section 483.5 of title 42 of the code of federal regulations.

Standard health citation. The term “standard health citation” means noncompliance with a requirement set forth in subpart B of part 483 of title 42 of the code of federal regulations. 

                     b. The commissioner shall not issue permits for any nursing home if:

                     1. The nursing home contains fewer than 200 beds and was issued more than six standard health citations or more than eight life safety code citations in the aggregate for the three most recent surveys conducted by the New York state department of health pursuant to subpart E of part 488 of title 42 of the code of federal regulations;

                     2. The nursing home contains between 200 and 300 beds and was issued more than eight standard health citations or more than 10 life safety code citations in the aggregate for the three most recent surveys conducted by the New York state department of health pursuant to subpart E of part 488 of title 42 of the code of federal regulations; or

                     3. The nursing home contains more than 300 beds and was issued more than 10 standard health citations or more than 12 life safety code citations in the aggregate for the three most recent surveys conducted by the New York state department of health pursuant to subpart E of part 488 of title 42 of the code of federal regulations.

c. The commissioner may issue a permit for a nursing home where the issuance of such permit is necessary to correct an outstanding violation of this code or of any other applicable provisions of law or rule or where the commissioner determines that issuance of such permit is necessary to perform work to protect public health and safety.

                     § 2. This local law takes effect 120 days after it becomes law, except that the commissioner shall take such actions as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

 

 

MHL

LS #7737/Int. 1360/2016

LS #199

12/14/17 3:57 p.m.