218 R.I. Code R. 218-RICR-40-00-3.1

Current through December 3, 2024
Section 218-RICR-40-00-3.1 - Introduction
3.1.1Preface
A. These rules and regulations supersede any and all prior rules and regulations governing the security for housing for the elderly promulgated pursuant to R.I. Gen. Laws Chapter 42-66.1. They have been promulgated to provide basic information about the nature of required security systems, personnel and equipment designed to ensure the health, safety and welfare of elderly citizens who are residents of housing for the elderly in Rhode Island.
1. Pursuant to the provisions of the Administrative Procedures Act, R.I. Gen. Laws § 42-35-3, the following were given consideration in arriving at the regulations:
a. alternative approaches to the regulations; and
b. duplication or overlap with other state regulations. No alternative approach, duplication, or overlap was identified.
3.1.2Program Authority

The Security for Housing for the Elderly Program is authorized by, and these regulations are promulgated under, the authority of R.I. Gen. Laws Chapter 42-66.1 which requires that "Every public and private housing complex designated by the federal government as housing for the elderly in the state shall establish and maintain a safety and security plan, approved by the director, by July 1, 1993" and R.I. Gen. Laws § 42-66.1-11, which provides for an administrative penalty for failure to comply with the requirements of R.I. Gen. Laws § 42-66.1-8 and with these rules and regulations.

3.1.3 Nondiscrimination and Civil Rights Policy

All public and private housing complexes designated by the federal government as housing for the elderly located in the state of Rhode Island shall be responsible for maintaining a policy of nondiscrimination in the provision of security services to residents and in the employment of staff without regard to race, color, creed, national origin, sex, sexual orientation, age, handicapping condition or degree of handicap, in accordance with 42 U.S.C. § 2000d et seq.; Americans with Disabilities Act of 1990, 42 U.S.C. § 12101; Public Law 88-352, July 2, 1964, 78 Stat. 253, 42 U.S.C. Sec. 2000e et. seq; United States Department of Labor Regulations, 20 C.F.R. § 1 - 1099; Title V of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 792; the 1990 Americans With Disabilities Act, 42 U.S.C. § 12101; R.I. Gen. Laws Chapter 42-87, which states that "Discrimination" includes those acts prohibited on the basis of race by 42 U.S.C. § 1981, 42 U.S.C. § 1983 and those on the basis of handicap by 29 U.S.C. § 794 and those on the basis of disability by U.S.C. §12100 et seq. and U.S.C. §12101 et seq., and those on the basis of handicap by R.I. Gen. Laws Chapter 28-5; and the Rhode Island Fair Employment Practices Act, R.I. Gen. Laws § 28-5-7.3.

3.1.4 Statement of Purpose

In order to ensure the health, safety and welfare of elderly residents of Rhode Island housing for the elderly, the Division has established these rules and regulations to assist in providing security at housing for the elderly complexes.

3.1.5Program Jurisdiction

All public and private housing complexes designated by the federal government as housing for elderly in the State of Rhode Island shall comply with the rules and regulations set forth in this document.

3.1.6Compliance with All Laws, Codes, Rules and Regulations

All public and private housing complexes designated by the federal government as housing for the elderly located in the state of Rhode Island shall be responsible for complying with all local, state and federal laws, codes, rules and regulations that apply to the program or facility.

218 R.I. Code R. 218-RICR-40-00-3.1