N.Y. Comp. Codes R. & Regs. tit. 9 § 4560.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 4560.5 - Housing standards

(a) Buildings. All buildings provided by racetrack operators for sleeping shall have each of the following:

(1) a floor that is constructed of smooth, readily cleanable, durable material such as sealed concrete, close-grained wood or composition material;

(2) a minimum ceiling height of at least seven feet;

(3) adequate natural light and ventilation in all common use rooms and areas. Adequate artificial lighting and mechanical ventilation may be provided in lieu of natural light and ventilation in toilet rooms and shower rooms;

(4) at least one separate wall-type electric duplex outlet in addition to the required electric light fixture in each bathroom, washroom, laundry room and eating space. All electrical components, wiring and appliances shall be properly installed and maintained in accordance with applicable state or local building codes and the National Electric Code;

(5) at least two exits from each occupied floor. Where sleeping rooms are located above the ground floor, at least one outside exit from each floor above the ground floor is required. Any stairway extending beyond two occupied floors in a building shall have tight-fitting, self-closing doors that have a minimum three quarter-hours fire rating at each floor level. The doors shall swing in the direction of exit travel. For buildings with room access from within enclosed space, stairways shall be enclosed within smoke-tight walls;

(6) a type 2A rated fire extinguisher in a readily accessible location not more than 100 feet from each housing facilities. In addition, a minimum of a type 5BC rated extinguisher shall be provided within 30 feet of all rooms containing cooking facilities. Any extinguisher with an equivalent ABC rating may also be provided; and

(7) smoke detection devices that are designed adequately, installed and maintained in compliance with General Business Law section 399-c cc.

(b) Rooms. All rooms provided by racetrack operators for sleeping shall have each of the following:

(1) natural light by means of at least one exterior window that, if the window can be opened, has screening with a tight-fitting frame. Natural ventilation may be provided by exterior openings that can be opened in lieu of a mechanical ventilating system;

(2) lockable exterior doors that have a tight fitting and are outfitted with door sweeps;

(3) electrical switches, outlets and at least one electric light. Electric components in a room shall be installed to State or local building codes and maintained in a manner that does not endanger the health or safety of the occupants. The use of flexible (extension) cords shall not be used for permanent wiring;

(4) battery-operated smoke detectors that are maintained in working order, or any other approved fire alarm system as otherwise permitted in writing by the executive director;

(5) dimensions of not less than seven feet in any direction and not less than 70 square feet of floor area if single occupancy and not less than 50 square feet of floor area for each occupant if greater than single occupancy. In housing where occupants are permitted to cook, live and sleep in the same room, a minimum of 100 square feet of floor area is required for each occupant;

(6) heating capable of maintaining a minimum temperature of 68 degrees Fahrenheit in each room, if the rooms are used or occupied between September 1st and June 1st. When regulation of the temperature is not controlled by the occupants, the heating facilities must be operated to maintain minimum temperature requirements in all occupied rooms during the specified time period. Fossil-fuel-powered heaters shall be prohibited;

(7) beds or bunks, complete with required springs and mattresses. There shall be a clear space of at least 27 inches above the sleeping surface of a bed or bunk; and

(8) adequate space for the storage of clothes and personal possessions of each occupant. As a minimum, such space shall include 21 square feet of wall storage area that has a minimum depth of 12 inches and is equipped with clothes rods or hooks and shelving for each occupant. Other provisions that provide equivalent storage capacity for each person may be substituted as approved in writing by the executive director.

(c) Dining. When meals are not furnished or sold to the occupants, adequate cooking and dining facilities shall be provided. This requirement may be accomplished by providing either a common cooking area consisting of a separate well lighted and ventilated room that is equipped adequately for cooking and dining, or by providing facilities for cooking and dining within each individual housing facility. When the required cooking and dining facilities are provided within individual housing units, the facilities shall:

(1) be located either in a separate room, or a separate area of at least 10 square feet per person shall be set aside for such purpose;

(2) contain a properly installed cook stove with a minimum of two burners in each individual housing unit. Existing housing with common cooking areas shall have adequate cook stoves providing a ratio of two burners per five occupants or fraction thereof, unless otherwise authorized by the executive director;

(3) have an adequate amount of food and utensil storage shelves and counter space for food preparation with shelves and counters constructed of materials that are non-toxic, non-absorbent and easily cleanable;

(4) have adequate provisions for safe storage and mechanical refrigeration of food at a temperature of not more than 45 degrees Fahrenheit;

(5) have table and chairs or equivalent seating with adequate capacity for the intended use;

(6) have a dishwash sink that is supplied with cold running water, adequate in size for the intended use and adequately installed with hot water readily accessible for dishwashing needs; and

(7) have non-absorbent, easily cleaned wall and floor surfaces in food preparation, cooking and dishwashing areas.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4560.5

Adopted New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020