Section 7-1.2 - Application

7-1.2 Application.

(a) The requirements of this Subpart shall apply to a temporary residence occupied by or maintained for occupancy by 11 people or more, except:

(1) temporary residences or portions of any such establishment which are occupied by the same persons in excess of 180 consecutive days in a calendar year as their domicile, while those portions of the temporary residence are so occupied. This exclusion of portions of a temporary residence occupied by the same persons in excess of 180 consecutive days shall not apply to worker housing.

(2) a hotel or motel located in a city with a population of 125,000 or more for which all water is derived from a public water supply system and from which all sewage is discharged to a public sewer system;

(3) a temporary residence consisting of a single occupancy unit rented in its entirety for common use by a group, provided it is not part or otherwise affiliated with a temporary residence as described in Section 7-1.1(j);

(4) a temporary residence or portion thereof, occupied by the owner or operator thereof, or his family;

(5) a temporary residence occupied for less than 60 cumulative hours in any calendar year;

(6) a temporary residence used as a jail, hospital, nursing or convalescent home, or otherwise offering residential or custodial care to individuals who are physically or mentally unable to completely care for themselves;

(7) a temporary residence used as a school or college dormitory, or a fraternity or sorority house that is affiliated with an academic institution approved under the Education Law;

(8) a temporary residence operated as a domestic violence shelter, homeless shelter or hospice residence;

(9) a temporary residence which the Commissioner, based upon consideration of the nature, duration and continuity of its occupancy, the degree of occupant control over the use and nature of the property’s facilities, the purpose of the property’s occupancy and the extent to which the property may be subject to the regulation of other agencies, reasonably determines not to be within the intent of regulation under this Subpart.

(b) The requirements of this Subpart shall not apply to a children’s camp, campground, mass gathering, migrant farmworker housing or a mobile home park as defined in Subparts 7-2, 7-3, 7-4 and Parts 15 and 17 of this Title respectively.

Effective Date: 
Wednesday, December 23, 2009
Doc Status: 
Complete