New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 2 - Medical Facility Construction › Part 710 - Approval Of Medical Facility Construction › Section 710.8 - Requirements during construction

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The applicant shall request and must obtain the prior approval of the
					 commissioner for any changes proposed during construction relating to the
					 description of the program scope or functional space concept of the project,
					 total project costs, total basic costs of construction, increased interest
					 rates relating to the financing of any aspect of the project, or major items of
					 equipment as approved. The commissioner shall respond in writing within 30 days
					 of the receipt of such a request, unless the change constitutes an amendment to
					 the application, in which event the provisions of section
					 710.5 of this Part shall
					 apply.
(b) The applicant may
					 authorize change orders to the construction contract which contribute to the
					 necessary coordination and orderly completion of the project without the need
					 for prior approval of the commissioner if such change orders can be funded
					 within the approved construction contingency and the changes do not relate to
					 changes in the program scope or functional space concept of the project. Any
					 change order relating to changes in program scope or functional space concept
					 must be submitted for prior approval. If the total value of change orders
					 exceeds the budgeted construction contingency, which may constitute an
					 amendment pursuant to the provisions of section
					 710.5 of this Part, then all
					 change orders, including those previously authorized by the applicant, will be
					 reviewed by the commissioner as to acceptability for reimbursement. In such
					 event, only those change orders that have been given prior approval under
					 subdivision (a) of this section, those change orders which are deemed necessary
					 by the commissioner for prudent coordination and continuation of the project,
					 and those change orders which are related to unforeseen conditions or which can
					 demonstrate positive financial impact on the project may be considered
					 reimbursable. The costs associated with change orders, in excess of those
					 effectuated under the approved design and/or construction contingency, made by
					 the applicant, its architects, contractors or agents, will be eligible for
					 reimbursement pursuant to the provisions of Part 86 of this Title only to the
					 extent that the applicant has not been able to recover such costs from a
					 responsible party, if any, insurance carrier or bonding agency.
(c) For projects exceeding $15 million in
					 total basic cost of construction, an updated functional stack diagram which
					 includes square footages, type of construction and estimated cost of
					 construction and equipment for each functional area displayed and, where
					 appropriate, the relative cost of each area as well as the total construction
					 cost for each discrete physical structure involved, and indicating the
					 percentage of completion for each functional area, shall be submitted every six
					 months during construction in accordance with section
					 710.2(b)(10)(i)(b)
					 of this Part.