N.Y. Comp. Codes R. & Regs. tit. 14 § 585.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 585.4 - Operating certificates

(a) Family care providers shall provide family care services only in accordance with an operating certificate that has been issued to such provider through its program sponsor by the office in accordance with Part 573 of this Title, and based on specific findings that:

(1) the family care provider is a person or persons, age 21 or older (without regard to marital status);

(2) the family care provider owns, rents, or leases the subject house or apartment;

(3) only one family care home will be operated by the family care provider, who will reside at the premises that will be the family care home;

(4) the family care home meets applicable building code standards, in accordance with this Part;

(5) the family care home is large enough to provide adequate and appropriate living accommodations for all of the people who reside in the household, including all residents that will be served by the family care home;

(6) the family care provider has agreed to fulfill all conditions and obligations identified in the family care provider application, as prescribed in section 585.4 of this Part;

(7) the commissioner has determined there is a public need for the home in the area to be served; and

(8) the program sponsor has ensured that family care providers and residents will have access to all necessary services, as demonstrated through written agreements with local service providers.

(b) Operating certificates issued to family care providers for family care homes shall be issued only to natural persons (individuals, not companies, agencies or corporations).

(c) Operating certificates will be issued for a period of up to two years to family care homes which comply with the requirements of this Part.

(d) No operating certificate issued under this Part shall be transferable. Operating certificates are issued to persons who have been approved as family care providers by the office and use by any other person is illegal.

(e) Each operating certificate issued under this Part shall identify its certified capacity, which shall indicate the maximum number of residents that can be placed in the home, regardless of placement source.

(1) All boarders and renters shall count against the established certified capacity; the family care provider must obtain prior written approval from the program sponsor before accepting a roomer or boarder.

(2) family care providers must notify the program's sponsor when there is a change in the number of persons living in the home who are not family care residents or boarders.

(3) No family care home shall be issued an operating certificate for a capacity of more than six residents.

(4) The certified capacity of a family care home shall not be exceeded at any time.

(f) The commissioner may suspend, revoke, or limit any operating certificate in accordance with Part 573 of this Title.

(g) Each family care provider shall submit an application for renewal of the operating certificate at least 60 days prior to the expiration of the current operating certificate.

(h) Each family care provider shall notify the office of any intention to voluntarily terminate the operation of any family care home at least 30 days prior to termination.

(i) Catastrophic termination of operation.

(1) The program sponsor and the office must be immediately notified of the occurrence of any catastrophe that impacts the family care home (such as, but not limited to fire, flood, earthquake or loss of lease).

(2) From the time of such catastrophe, the family care provider and its program sponsor shall be responsible for arranging for emergency accommodations and continuing support to all residents until such time as the family care home can be made habitable or alternate stable living accommodations can be found.

(3) If, due to the catastrophe, it appears that a family care home will be unable to operate as certified for a period of 60 days, the operating certificate will be deemed to be null and void.

(j) The current operating certificate will be kept in a safe place in the family care home.

(k) All operating certificates will remain the property of the office. Expired, invalidated, revoked, or terminated certificates shall be returned to the office.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 585.4