N.Y. Comp. Codes R. & Regs. tit. 18 § 491.18

Current through Register Vol. 46, No. 51, December 18, 2024

Section 491.18 - Environmental standards

(a) The operator of a shelter for adults, a small-capacity shelter or a shelter for adult families must maintain the facility in a good state of repair and sanitation and in conformance with applicable State and local laws, regulations, and codes. Shelters for adults, small-capacity shelters and shelters for adult families must comply with all applicable state and local codes including fire prevention, building and safety codes.

(1) All areas of the facility, including exits that are accessible to residents, must be well-lighted, and clear of trash, clutter and obstructions.

(2) All bathrooms, sleeping areas, recreational areas, hallways, and other living areas must be kept clean, sanitary, and free of insects, rodents and trash. Procedures must be established and implemented for the cleaning and maintenance of the entire facility.

(3) All garbage and refuse containers must be securely covered and emptied on a regular daily basis.

(b)Smoke and fire protection.

(1) Supervised smoke and carbon monoxide detectors that are Underwriters Laboratories Inc. (UL) listed must be installed and located in accordance with manufacturers' specifications and comply with all state and local codes including fire prevention, building construction and maintenance, and safety codes.

(2) In a facility that is approved by the office to house 40 or more residents, at least one of the fire protection systems shall be connected directly to the local fire department or a central station unless local fire officials refuse to establish such a connection. The operator must document such refusal.

(3) In a facility that is approved by the office to house fewer than 40 residents, which has a fire protection system capable of being directly connected to the local fire department or a central station, at least one of the fire protection systems shall be so connected unless local fire officials refuse to establish such a connection. The operator must document such refusal.

(4) There must be at least 2 means of egress from each floor designated for public use or on which 11 or more residents are housed. Each means of egress shall:

(i) be remote from each other;

(ii) be open in the direction of exit travel;

(iii) be equipped with panic (quick-release) hardware;

(iv) be equipped with a self-closing device; and

(v) be clear of trash, clutter or obstruction and freely accessible at all times.

(5) A fire escape may be approved as a second means of egress if there is free access to the exit and the use is approved by local fire and building officials.

(6) Fire extinguishers which meet National Fire Protection Association standards and which are appropriate for the type of fire which may occur at the site of installation shall be:

(i) placed at accessible locations on each floor and each wing;

(ii) wall-hung; and

(iii) properly charged and inspected on at least an annual basis by a certified fire safety specialist.

(7) Evacuation procedures which set forth emergency stations, the duties of all staff and residents, and directions for the rapid evacuation of the premises shall be posted in a conspicuous place on each floor and wing.

(8) The following are fire hazards and are prohibited:

(i) portable electric space heaters;

(ii) self-contained, fuel-burning space heaters;

(iii) electric blankets;

(iv) accumulation of combustible materials in any part of the building;

(v) hot plates or other cooking appliances in residents' rooms; and

(vi) any other items that are determined by the shelter operator to pose an unreasonable fire risk.

(9) At least one staff member on duty during each shift shall be familiar with the fire alarm systems and procedures for monitoring and resetting these systems.

(c)Electrical system.

(1) Overcurrent protection devices must be maintained in safe operating condition, must not be locked or fastened in the on position and must be accessible.

(2) Ground-fault circuit interrupters must be installed and operable in:

(i) all electrical receptacles in kitchen areas that serve countertop surfaces;

(ii) all electrical receptacles in bathrooms that are within six feet of the outside rims of sinks, toilets, bathtubs and shower stalls; and

(iii) where otherwise required by applicable State or local codes.

(d)Safety procedures.

(1) Neither devices such as chain locks, hasps, bars, nor other items such as furniture, can be used in any resident use area in a way that would inhibit access to an exit or the free movement of residents.

(2) Doors in residents' sleeping units may be secured by the resident provided such doors can be unlocked from the outside by facility attendants or employees or security staff at all times.

(3) Residents must not have access to storage areas used for cleaning agents, bleaches, insecticides, or any other poisonous, dangerous or flammable materials unless necessary for work they are performing.

(4) Night lights must be provided and working in all hallways, stairways and bathrooms which are not private.

(5) Hallways, corridors and means of emergency egress must be free from obstruction and may not be used for storage of equipment or trash.

(e)Furnishings and equipment.

(1) The operator shall provide furnishings and equipment which support daily activities and are durable, clean, appropriate to function and do not endanger resident health, safety and welfare.

(2) The operator shall furnish each resident with a single bed that is a minimum of 30 inches in width. In lieu of two single beds, the operator of a shelters for adult families may furnish a double bed that is a minimum of 54 inches in width to be shared by couples where appropriate. Each bed shall be substantially constructed, in good repair, and have:

(i) a clean, comfortable and well-constructed mattress, standard in size for the bed;

(ii) a cover sufficient to protect against insect infestation; and

(iii) one clean and comfortable pillow of average bed size for each single bed and two clean and comfortable pillows of average bed size for each double bed.

(3) Residents of shelters for adults, small-capacity shelters or shelters for adult families shall be supplied with:

(i) suitable sheets, pillowcases, and blankets;

(ii) towels;

(iii) soap; and

(iv) toilet tissue.

(4) Bed linens, blankets and towels shall be:

(i) clean and washable;

(ii) free from rips and tears; and

(iii) available when changes are necessary.

(5) A complete change of bed linens and towels shall be provided to residents at entry, at least once a week, and more often if needed.

(6) Sufficient numbers of noncombustible trash containers with covers shall be available.

(7) All operable windows must be equipped with screens and where necessary to provide privacy, with curtains, shades or other appropriate widow covering to ensure privacy.

(8) Light fixtures must be shaded to prevent glare.

(9) Heating and cooling systems must be in good working order.

(10) Suitable fans should be provided to residents when necessary to maintain reasonable air circulation.

(11) Dining areas shall be furnished with dining tables and chairs appropriate to the size and function of the facility.

(12) Living rooms, sitting rooms, lounges and recreation areas shall be furnished with tables, chairs, lighting fixtures and other equipment appropriate to the size and function of the specific area and of the facility.

(13) Laundry facilities, either on-site in a clean, dry, well-lighted area, or at a nearby commercial laundromat.

(14) A telephone or telephones must be available for resident use.

(15) The operator shall maintain areas suitable for posting required notices, documents and other written materials in locations visible to, and accessible to, residents, staff and visitors.

(f)Housekeeping.

(1) The operator shall maintain a clean and comfortable environment.

(2) All areas of the facility shall be free of vermin, rodents and trash.

(3) All areas of the facility, including, but not limited to, the floors, walls, windows, doors, ceilings, fixtures, equipment and furnishings shall be clean and free of odors.

(4) Blankets and pillows shall be laundered as often as necessary for cleanliness and freedom from odors.

(5) Adequate, properly maintained supplies and equipment for housekeeping functions shall be provided.

(g)Maintenance.

(1) The operator of each shelter for adults, small-capacity shelter or shelter for adult families shall ensure the continued maintenance of the facility in accordance with the office-approved operational plan.

(2) The building and grounds shall be maintained in a clean, orderly condition and in good repair.

(3) All equipment and furnishings shall be maintained in a clean, orderly condition and in good working order.

(4) Electrical systems, including appliances, cords and switches, shall be maintained in good working order.

(5) Entrances, exits, steps and outside walkways shall be in good repair and shall be kept free from ice, snow and other hazards.

(h)Space requirements.

(1) Every facility shall have space for dining and leisure activities.

(2) Space used for sleeping or for passage shall not be considered as dining or leisure space.

(3) Space provided for dining shall be at least 12 square feet per certified bed for the first 50 beds and 10 square feet for each additional bed.

(4) Space provided for leisure area shall be at least 12 square feet per bed.

(5) When not in use, dining space may be used, with prior written office approval, as leisure space.

(6) An operator providing social rehabilitation services shall have:

(i) space for residents to meet privately with staff of the shelter, visitors or external service providers; and

(ii) separate, private space for either mental health or health services providers, or both, with whom the operator has a cooperative or contractual service agreement.

(7) Bath and toilet facilities.

(i) There shall be a minimum of one toilet and one sink for each 10 residents, and one tub or shower for each 15 residents.

(ii) Toilet and shower areas must be accessible and in working order with hot and cold water 24 hours a day.

(iii) Hot water for bathing and washing must be maintained at no less than 110 degrees Fahrenheit.

(iv) All toilet and showers shall be vented by means of natural or mechanical ventilation to the outside air.

(v) All toilet and shower areas shall be properly enclosed and separated from other areas by ceiling-high partitions and doors.

(8) Bedrooms in shelters for adults and small-capacity shelters.

(i) In single occupancy sleeping rooms, a minimum of 80 square feet per resident shall be provided.

(ii) In sleeping rooms for two or more residents, a minimum of 60 square feet per resident shall be provided.

(iii) A minimum of three feet, which is included in the per resident minima, shall be maintained between beds and for aisles.

(iv) No more than 30 beds are permitted in a sleeping area.

(v) If partitions are used to subdivide sleeping areas within the same room, their minimum height shall be sufficient to afford individual privacy, approximately four feet.

(vi) Partitions separating sleeping rooms from other rooms shall be ceiling high and smoke-tight.

(vii) Bedrooms or sleeping areas must open directly into exit corridors.

(viii) A passageway or corridor may not be used as a bedroom.

(ix) With the exception of single bedrooms with locking doors, bedrooms shall have individual, lockable storage lockers for resident belongings. Each locker shall be large enough to accommodate winter clothing.

(9) Bedrooms in shelters for adult families.

Each adult family must have at least one individual room with a door containing a working door lock and with the minimum square footage per family member as required by the applicable State or local regulation or code.

(10) Adequate storage space for cleaning supplies and equipment shall be provided.

(i)Kitchens in living areas.

Kitchens or food preparation areas in individual living areas, if any, must be well-lighted and ventilated, and comply with all State and local codes and regulations including, but not limited to, those relating to fire protection, safety, sanitation and health.

(j)Reporting.

In the event of a heating, water, or electrical failure that is more than four hours in duration, the discovery of an environmental hazard such as lead paint or asbestos, or the discovery of a defect in the physical plant or structure of a facility that may threaten the health and well-being of residents, the operator will immediately notify both the social services district and the office by e-mail or telephone.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.18

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