Denying building permits where a nursing home has an excessive number of citations.

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

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.