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Occupancy Conversion
Office of Alcoholism and Substance Abuse Services
Occupancy Classifications for the Codes of New York State
| Modality | Reference | OASAS | Comments/Qualifications/Exceptions |
|---|---|---|---|
| Chemical Dependence Crisis Services | Part 816 | I-2 | In hospitals/incapacitated patients [See 816.5(a)(1)]. |
| Chemical Dependence Residential Rehab for Youth | Part 817 | R-2; R-4 | R-4 = 5-16 beds |
| Chemical Dependence Inpatient Rehabilitation | Part 818 | R-2; R-4 | R-4 = 5-16 beds |
| Chemical Dependence Residential Services | Part 819 | R-2; R-4 | R-4 = 5 -16 beds |
| Residential Chemical Dependency for Youth | Part 820 | R-2; R-4 | R-4 = 5 - 16 beds |
| Non-med Supervised Chemical Dependence Outpatient | Part 821 | B | Clinic/Professional Office Services |
| Chemical Dependence Outpatient | Part 822 | B | Clinic/Professional Office Services |
| Outpatient Chemical Dependency for Youth | Part 823 | B | Clinic/Professional Office Services |
Office of Children and Family Services (OCFS) - Foster Care
Occupancy Classifications for the Codes of New York State
NOTE: Each building is required to have an annual inspection by the local fire authority or the insurance carrier. The Certificate of Occupancy shall state the appropriate occupancy classification.
| INSTITUTIONAL 18 NYCRR 442.5(i) |
facility for 13 or more children operated by a child care agency |
I-1 |
| GROUP RESIDENCE 18 NYCRR 448.3(b)(10)(xvi) |
institution for not more than 25 children operated by an authorized agency |
I-1 |
| GROUP RESIDENCE 18 NYCRR 442.17 |
for mothers and babies | I-2 |
| GROUP HOME 18 NYCRR 448.3(b)(10)(xvi) |
family-type home for not less than seven, nor more than twelve,children who are at least 5 years of age, operated by an authorized agency (except min. age not applicable to siblings in the same facility nor mother in same facility) | R-4, OR Residential Code if a one- or two-family dwelling or townhouse three stories or less in height |
| AGENCY BOARDING HOME 18 NYCRR 447.2(b)(4)(xvii) |
family-type home for not more than six children, operated by an authorized agency (except for more than six brothers and sisters of the same family) | Residential Code if a one- or two-family dwelling or townhouse three stories or less in height, OR R-3 one- or two-family dwelling if not a Residential Code dwelling |
| AGENCY BOARDING HOME 18 NYCRR 447.2(b)(4)(xvii) |
transitional housing: ages 16 through 21 | Residential Code, OR R-3 as above, OR R-2 - permanent multiple dwelling |
| SUPERVISED INDEPENDENT LIVING 18 NYCRR 447.2(b)(4)(xvii) |
family-type home for not more than three children who reside in the community | Residential Code if a one- or two-family dwelling or townhouse three stories or less in height, OR R-3 one- or two-family dwelling if not a Residential Code dwelling, OR R-2 - permanent multiple dwelling |
Office of Children and Family Services (OCFS)
Day Care Occupancy Classifications for the Codes of New York State
See 18 NYCRR 413 for Definitions, Enforcement and Hearings
| Family day care homes 18 NYCRR 417 |
3 - 6 children + 2 school age children 6 weeks - 12 years |
Residential Code if a one- or two-family dwelling or townhouse three stories or less in height, OR R-3 one- or two-family dwelling if not a Residential Code dwelling, OR R-2 - permanent multiple dwelling |
| Group family day care homes 18 NYCRR 416 |
7-12 children + 2 school age children 6 weeks to 12 years |
Residential Code if a one- or two-family dwelling or townhouse three stories or less in height, OR R-3 one- or two-family dwelling if not a Residential Code dwelling, OR R-2 - permanent multiple dwelling |
| Child day care center 18 NYCRR 418-1 |
7 or more children 6 weeks - 12 years |
I-4 institutional if ›5 children 2½ years or less in age, OR E - educational if from 6 - 100 children 2½ years or less where the rooms for such children are located on the level of exit discharge with each room having a door directly to the exterior, OR, E - educational for ›5 children older than 2½ years |
| School-age day care 18 NYCRR 414 |
6 years - 12 years | E - educational older than 2 ½ years |
| Small day care center 18 NYCRR 418-2 |
Less than 10 children | I or E |
- Day care in a residence requires a remote second means of egress which can be an emergency escape and rescue window of not less than 24 inches by 24 inches.
- Day care in E or I occupancy requires 35 square foot per person and one toilet room per 15 persons, distributed throughout the space (one per day care room).
- The Certificate of Occupancy shall state the appropriate occupancy classification.
Office of Children and Family Services (OCFS) - Domestic Violence
Occupancy Classifications for the Codes of New York State
18 NYCRR Parts 452 and 453
| Old Code | New Code | |
|---|---|---|
| DOMESTIC VIOLENCE SAFE DWELLING self-contained residence for nine or fewer adults and children, to provide temporary shelter |
B2 | Residential Code if a one- or two-family dwelling or townhouse three stories or less in height, OR R-3 one- or two-family dwelling if not a Residential Code dwelling |
| DOMESTIC VIOLENCE SHELTER congregate residential facility for 10 or more adults and their children, for temporary shelter, for victims and their minor children |
B2 | Residential Code if a one- or two-family dwelling or townhouse three stories or less in height, OR R-3 one- or two-family dwelling if not a Residential Code dwelling, OR R-2 - permanent multiple dwelling, including dormitory style dwellings |
Prepared by the DCEA and effective January 1, 2003 BACK
Office for People with Developmental Disabilities (OPWDD) - Community Residences (as defined in Mental Hygiene Law)
Occupancy Classifications for the Codes of New York State
Including: Individual Residential Alternative
| Old Code | New Code | |
|---|---|---|
| Residential for 14 persons or fewer in a one- or two-family dwelling | A1 or A2 | Residential Code if a one- or two-family dwelling or townhouse three stories or less in height, OR R-3 one- or two-family dwelling if not a Residential Code dwelling |
| Residential for 14 persons or fewer in a permanent multiple dwelling | B1 | R2 permanent multiple dwelling |
| Residential for 15 people or more in a permanent multiple dwelling | B1 | R2 permanent multiple dwelling |
Prepared by the DCEA and effective January 1, 2003 BACK
Office for People with Developmental Disabilities (OPWDD) - Developmental Centers (previously C6.2 institutional occupancies)
Occupancy Classifications for the Codes of New York State
| Old Code | New Code | |
|---|---|---|
| where building is serving 1 to 14 persons | A1 or A2 | R-3 one- or two-family dwelling (not Residential Code) |
| where building is located in a multiple dwelling | B1 | R-2 permanent multiple dwelling |
Prepared by the DCEA and effective January 1, 2003 BACK
Office for People with Developmental Disabilities (OPWDD) - Day Habilitation
Occupancy Classifications for the Codes of New York State
| Old Code | New Code | |
|---|---|---|
| Nonresidential facility for day training, clinic treatment or day treatment | C1 | B business |
| Nonresidential Sheltered Workshop certified as a day training facility | C3 | B business |
Prepared by the DCEA and effective January 1, 2003 BACK
Office of Mental Health (OMH) - Community Residence (as defined in Mental Hygiene Law)
Occupancy Classifications for the Codes of New York State
Including Individual Residential Alternative
| Old Code | New Code | |
|---|---|---|
| Residential for 14 persons or fewer in a one- or two-family dwelling | A1 or A2 | Residential Code if a one- or two-family dwelling or townhouse three stories or less in height, OR R-3 one- or two-family dwelling if not a Residential Code dwelling |
| Residential for 14 persons or fewer in a permanent multiple dwelling | B1 | R-2 permanent multiple dwelling |
| Residential for 15 people or more in a permanent multiple dwelling | B1 | R-2 permanent multiple dwelling |
Prepared by the DCEA and effective January 1, 2003 BACK
Office of Mental Health (OMH) - Developmental Centers (previously C6.2 institutional occupancies)
Occupancy Classifications for the Codes of New York State
| Old Code | New Code | |
|---|---|---|
| where building is serving 1 to 14 persons | A1 or A2 | R-3 one- or two-family dwelling (not Residential Code) |
| where building is located in a multiple dwelling | B1 | R-2 permanent multiple dwelling |
Prepared by the DCEA and effective January 1, 2003 BACK
Office of Mental Health (OMH) - Day Habilitation
Occupancy Classifications for the Codes of New York State
| Old Code | New Code | |
|---|---|---|
| Nonresidential facility for day training, clinic treatment or day treatment | C1 | B business |
| Nonresidential Sheltered Workshop certified as a day training facility | C3 | B business |
Prepared by the DCEA and effective January 1, 2003 BACK
