N.Y. Comp. Codes R. & Regs. tit. 18 § 453.5

Current through Register Vol. 46, No. 45, November 2, 2024
Section 453.5 - Staffing
(a) General requirements.
(1) The term staff, as used in this section, means compensated employees and volunteers of the domestic violence program or shelter.
(2) Staff/resident ratios.
(i) A sufficient number of competent staff must be on duty and onsite at all times to supervise, operate and maintain the premises in a safe and sanitary condition, and to ensure the delivery of program services to all residents. There must be an employee responsible for supervising any volunteers.
(ii) For the purpose of this part, the term non-business sleeping hours shall mean the hours outside of the shelter's identified business hours during the hours that most individuals would sleep. The shelter must establish what specific time frame this entails in their agency's policies and procedures. Staff on duty during non-business sleeping hours must remain awake during their shift.
(iii) During the nonbusiness sleeping hours, the following minimum number of staff must be on duty and onsite at all times:

Range of number of residents in the facility

Minimum number of staff

1-40

1 staff person

41-80

2 staff persons

81-120

3 staff persons

121 and over

For each additional increment of 40 residents over 120, one additional staff person must be added upon entering into the next range of the number or residents.

(iv) For the purpose of this part, the term non-business waking hours shall mean the hours outside the shelter's identified business hour during which hour most individuals would be awake. Typically, this would include mornings, evenings, weekends and holidays. The shelter must establish what specific time frame this entails in their agency's policies and procedures.
(v) During the nonbusiness waking hours the following minimum number of staff must be on duty and onsite at all times except where otherwise indicated:

Range of number of residents in the facility

Minimum number of staff

1-15

1 staff person

16-20

1 staff person plus one staff person on call, or 2 staff persons

21-35

2 staff persons

36-50

3 staff persons

51-65

4 staff persons

66 and over

For each additional increment of 20 residents over 66, one additional staff person must be added upon entering the next range of the number of residents

(vi) For all other hours, in accordance with the program and services provided pursuant to this Part, the following minimum number of staff must be on duty:

Range of number of persons in the facility

Minimum number of staff

1-10

1 employee onsite. For each additional increment of 10 residents, one additional staff person must be on duty, must be added upon entering the next range of the number of residents.

(3) At all times, whether or not there are any residents being sheltered in the facility, there must be one employee or volunteer of the domestic violence shelter or the domestic violence program or an employee or volunteer of a designee of such program on call to receive crisis calls as set forth in section 452.12 of this Part.
(4) During regular business hours, whether or not there are any residents being sheltered in the facility, there must be at least one employee on duty at the facility.
(5) For purposes of calculating the minimum staff considered to be on duty and onsite at all times, food service and transportation personnel are not counted.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 453.5

Adopted New York State Register April 1, 2020/Volume XLII, Issue 13, eff. 4/1/2020