Section 67-5.3 - Applicability
Effective Date
67-5.3 Applicability. The requirements of this Subpart shall apply to dwellings built prior to 1980 with two or more units located in communities of concern, except:
(a) dwellings located in cities with a population of one million residents or more;
(b) dwellings which are operated under permit as temporary residences, campgrounds, mass gatherings, children’s camps, or other temporary types of residences which are not intended for occupancy as a person’s primary dwelling;
(c) dwellings which are operated as correctional facilities, hospitals, medical facilities, nursing or convalescent homes, or which otherwise offer residential or custodial care to individuals who are physically or mentally unable to completely care for themselves;
(d) a multi-family dwelling used as a school or college dormitory that is owned by an academic institution approved under the New York State Education Law;
(e) any other type of dwelling which the department or its designated representative, 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 regulation by other agencies, reasonably determines not to be implicated by the relevant provisions of the Public Health Law as referenced in section 67-5.1 of this Subpart.