NH DAL 17-01, DHDTC DAL 17-02 - Adoption of 2014 FGI Standards

January 26, 2017

NH DAL 17-01

Dear Hospital and Diagnostic and Treatment Center Chief Executive Officer and Nursing Home Administrator:

The Centers for Medicare & Medicaid Services (CMS) has adopted by regulation effective July 5, 2016 the 2012 edition of the National Fire Protection Association (NFPA) 101- Life Safety Code (LSC), and all its referenced standards. Adoption of the 2012 edition of the NFPA 101-Life Safety Code and all its referenced standards includes the following NFPA 101 and NFPA 99 Tentative Interim Amendments (TIA) that were issued prior to April 16, 2014:

  • TIA101-12-1
  • TIA101-12-2
  • TIA101-12-3
  • TIA101-12-4
  • TIA99-12-2
  • TIA99-12-3
  • TIA99-12-4
  • TIA99-12-5
  • TIA99-12-6

In keeping with CMS requirements, New York State began using the 2012 LSC and the 2012 Health Care Facilities Code for surveys of hospitals, diagnostic and treatment centers and nursing homes conducted after November 1, 2016.

In conjunction with adopting the 2012 LSC and all its referenced standards, the Department will also be adopting the 2014 standards of the Association of Healthcare Engineering (ASHE) Facility Guideline Institute (FGI) in advance of the approval of the regulation codifying these changes. Applications including new construction and renovation received after April 1, 2017 will be required to meet 2014 FGI and 2012 NFPA 101 and all its referenced standards. Projects currently submitted will be reviewed under the 2000 NFPA 101 and 2010 FGI guidelines, however, the 2012 NFPA 101 and the 2014 edition of FGI can also be used for CON submissions prior to April 1, 2017 and will be reviewed as an equivalency until the regulations are enacted.

Copies of the NFPA materials, including the 2012 LSC, 2014 Healthcare Facilities Code and associated standards and TIAs, can be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts, 02169, or through the NFPA website at www.nfpa.org

Copies of the FGI Guidelines can be obtained from the Association of Healthcare Engineering, 155 N. Wacker Drive, Suite 400, Chicago, Illinois, 60606, or through the ASHE website at www.ashe.org

The Department will be updating its guidance for both drawing and waiver submissions. The updated guidance documents will be available on the Certificate of Need website at https://www.health.ny.gov/facilities/cons.

Should you have any questions regarding these changes, please contact: Udo Allain Ammon, R.A. CEO, Director, Bureau of Architecture and Engineering Review at (518) 402-0904.


Ruth Leslie
Division of Hospitals and Diagnostic & Treatment Centers

Shelly Glock
Division of Nursing Homes and ICF/IID Surveillance
Center for Health Care Provider Services and Oversight