N.Y. Comp. Codes R. & Regs. tit. 18 § 491.10

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

Section 491.10 - Excess capacity admissions

(a) An operator shall not admit or retain a number of persons in excess of the capacity specified in the operational plan approved by the office.

(b) Notwithstanding subdivision (a) of this section, a social services district may authorize an operator to provide short-term emergency shelter to a number of persons in excess of the capacity specified in the operational plan approved by the office. When the operational plan is approved, or at the request of a currently certified facility, the office shall establish a limit on the number of persons that may be admitted to a given shelter in emergency situations. This emergency capacity shall be predicated on the physical layout of the facility and the conditions set forth in subdivision (c) of this section.

(c) A social services district may authorize an operator to provide shelter to a number of persons in excess of the specified capacity if the following conditions are met:

(1) snow emergencies or inclement winter weather as defined in section 304.1 of this Title, or other circumstances creating an emergency need for additional shelter space;

(2) the operator is able to meet the food and shelter needs of all persons in residence;

(3) the operator assigns staff sufficient to meet census-based staffing requirements set forth in this Part;

(4) the facility remains in compliance with applicable local building, fire protection, health and sanitation codes; and

(5) the number of persons admitted to a given shelter does not exceed the authorized emergency limit.

(d) Where a social services district authorizes an operator to provide shelter to a number of persons in excess of the capacity specified in the operational plan approved by the office, the social services district shall inform the office by e-mail or telephone as soon as is practicable, but by no later than the end of the next business day. The office may allow the operator to continue to operate above the capacity specified in the operational plan for a reasonable period.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.10

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020