N.Y. Comp. Codes R. & Regs. tit. 14 § 594.16

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

Section 594.16 - Premises

(a) Safety.

(1) Each residence housing children and adolescents shall be safe and suitable for the comfort and care of the residents. They shall be maintained in a good state of repair and sanitation.

(2) Each residence housing children and adolescents shall observe the following precautions:

(i) A sufficient number of fire extinguishers, approved by the Underwriters Laboratories, shall be installed in accessible places on each floor. Fire extinguishers shall be tested and recharged in accordance with manufacturers' recommendations.

(ii) Staff shall be trained in the use of firefighting equipment, and in the means of rapidly evacuating the building.

(iii) The following items are prohibited:

(a) devices for heating, cooking, or lighting which use kerosene, gasoline, or alcohol;

(b) portable propane devices for heating, cooking, or lighting; and

(c) portable electric hot plates for cooking.

(iv) The following items are allowed only with the explicit approval of the Office of Mental Health and with a description of the device in detail, including its safety features, potential hazards and proposed procedures for maintenance and operation:

(a) electric space heaters;

(b) wood or coal burning stoves for heating; and

(c) fireplaces.

(3) Each type of residence housing children and adolescents shall conform to the appropriate section of the most current recognized edition of the National Fire Protection Association (NFPA) 101 Life Safety Code (LSC) as noted below. Said codes are published by the National Fire Protection Association, One Batterymarch Park, Quincy, MA 02269 and are available for review at the Department of State, Division of Administrative Rules, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231 and the Office of Mental Health, Bureau of Inspection and Certification, 44 Holland Avenue, Albany, NY 12229.

(i) Teaching family homes and community residences shall meet the requirements of the appropriate chapter LSC for one- and two-family dwellings.

(a) Smoke detectors are required outside of each sleeping area in the immediate vicinity of the bedrooms and on each additional story of the living unit including basements, and smoke or heat detectors in those areas separated by a door from the above required detectors.

(b) With the approval of the Office of Mental Health, detectors may be battery-powered, provided that they emit a distinctive trouble signal before the battery is incapable of operating the device.

(c) Tests or inspections, as recommended by the manufacturer, shall be made not less than once a month for other than battery-powered detectors and not less than once a week for battery-powered detectors. A record of these tests shall be maintained for review.

(ii) Crisis residences for children and adolescents shall conform to the requirements of the appropriate chapter(s) of LSC for new or existing residential board and care occupancies as appropriate. In addition:

(b) Tests or inspections, as recommended by the manufacturer, shall be made no less than once a month for other than battery-powered detectors and not less than once a week for battery-powered detectors. A record of these tests shall be maintained for review.

(c) An automatic sprinkler system complying with NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings, is required. Said codes are published by the National Fire Protection Association, One Batterymarch Park, Quincy, MA 02269 and are available for review at the Department of State, Division of Administrative Rules, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231 and the Office of Mental Health, Bureau of Inspection and Certification, 44 Holland Avenue, Albany, NY 12229.

(4) Each type of residence housing children and adolescents shall provide carbon monoxide detectors, as per the Residential Code of New York State, the Fire Code of New York State, subdivision 5-a of section 378 of the New York Executive Law ("Amanda's Law") and Local Law No. 7 for residences in New York City, as applicable.

(i) Carbon monoxide detectors shall be installed in locations as required by applicable law and according to manufacturer's directions and specifications.

(ii) Carbon monoxide detectors shall be battery operated, plug-in type or hardwired, in accordance with applicable law.

(iii) Inspections and tests of carbon monoxide detectors shall be made in accordance with manufacturer's directions and specifications. Written documentation of such testing shall be maintained for review.

(5) Residences must possess a valid certificate of occupancy or other documentation, which, in the opinion of the Office of Mental Health, satisfies the intent of a certificate of occupancy.

(b) Design and space requirements.

(1) Single bedrooms for teaching family homes, community residences and crisis residences shall be at least 90 square feet (exclusive of closets) and a multiple bedroom shall provide at least 75 square feet per resident.

(2) No more than two persons shall share a bedroom.

(3) All bedrooms must receive natural light from an aggregate window area equal to at least 10 percent of the floor area of the bedroom and natural ventilation from ventilating openings having free openable area of at least five percent of the bedroom floor area.

(4) There shall be a minimum of one toilet and one lavatory for each five residents and family members, and a minimum of one tub or shower for each eight residents and family members or part thereof.

(5) In addition to bedroom space, at least 55 square feet of additional support space shall be provided for each resident. Support space may include living rooms, dining rooms, lounge areas, kitchens, and other such spaces as are accessible to residents and used in program activities. Such spaces shall be apportioned into at least two distinct areas. Living, dining and recreational areas shall be arranged so as to provide a family-like environment.

(6) Equipment shall include:

(i) suitable, comfortable, single beds and an adequate supply of clean linen. Cots shall not be used. High hospital-type beds shall not be used except for physically handicapped persons requiring them;

(ii) a chair and storage facility for personal articles for each resident; and

(iii) an individual clothes closet or wardrobe for each resident.

(c) Handicapped accessibility.

(1) Design and construction of new buildings and the alteration of existing buildings shall be in accordance with the requirements of Part 551 of this Title.

(2) Whenever one or more persons with physical disabilities reside in a residential program, the program activities shall, to the maximum extent feasible, occur in areas of the building which are accessible to such persons.

(d) Waiver from the provisions of this section may be granted by the Office of Mental Health upon its determination that approval of such a waiver will not adversely affect the habitability or safety of the program. Such determination will be based upon a review of the following criteria:

(1) compensatory or other existing features which have the effect of reducing the impact of the proposed waiver;

(2) the service needs of the population or individual served;

(3) the operating history of the program and/or sponsoring agency requesting the waiver; or

(4) the cost of meeting the requirements.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 594.16