State Occupancy Conversions


DCEA Logo


What's New »


Agendas & Open Meeting Document
Training »
Energy Code »
Manufactured Housing »
Forms and Publications »
Free Online Codes »
Lists »
Technical Information »
Contact Us »

Join our Mailing List
For the latest information on Code enforcement and administration, law and regulation changes, technical bulletins, information on other state agency actions related to Codes, product and equipment safety, and public hearing schedules, subscribe to our E-Bulletins

Occupancy Conversion
Office of Alcoholism and Substance Abuse Services
Office of Children and Family Services - Foster Care
Office of Children and Family Services - Day Care
Office of Children and Family Services - Domestic Violence
Office for People with Developmental Disabilities - Community Residences
Office for People with Developmental Disabilities - Developmental Centers
Office for People with Developmental Disabilities - Day Habilitation
Office of Mental Health - Community Residence
Office of Mental Health - Developmental Centers
Office of Mental Health - Day Habilitation

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

BACK


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

BACK


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.

BACK


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 BSC 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 BSC 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 BSC 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 BSC 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 BSC 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 BSC 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 BSC and effective January 1, 2003                                             BACK