218 R.I. Code R. 218-RICR-40-00-3.4

Current through December 3, 2024
Section 218-RICR-40-00-3.4 - Safety and Security Plan
3.4.1Crime

Management is responsible for being familiar with the level of criminal activity in the vicinity of the complex and for acting accordingly with respect to security, in light of such criminal activity. The Division strongly recommends the use of security guards. Any complex that chooses to hire security guards must be in compliance with §3.4.2 of this Part.

3.4.2Requirements for Security Guards
A. Security guards in elderly housing must meet the requirements of this Subchapter. The security guard schedule shall be determined by housing management, subject to reasonable review and approval by the Division.
1. Minimum Standards for Employment of Security Guards in Elderly Housing. Security guards must meet certain minimum standards for employment to be suitable for work in elderly residences:
a. Housing directors or managers of housing for the elderly sites which have been determined to require security guards shall be responsible for ensuring that the security guards who work at their sites have completed training before they begin work at the site;
b. Personal interview, and;
c. Background screening to include:
(1) Bureau of Criminal Identification (mandatory);
(2) Personal references, if possible;
(3) Former employer's references, if possible.
d. Failure to perform satisfactorily on any of the required examinations may result in disqualification from employment.
B. Offenses That Will Disqualify Security Guard Applicants from Employment

The following offenses will disqualify security guard applicants from employment. These offenses are similar to the lists of offenses disqualifying child day care workers and nursing home attendants from employment. Disqualifying offenses include:

1. Offenses against the person
a. Murder
b. Voluntary manslaughter
c. Kidnapping
d. Kidnapping with the intent to extort
e. First degree sexual assault
f. Second degree sexual assault
g. Third degree sexual assault
h. Assault with intent to commit specified felonies
i. Felony assault
j. Domestic assault
2. Offenses against the family
a. Exploitation for commercial or immoral purposes
b. Abuse of elderly persons
c. Abuse of handicapped persons
d. Abuse of disabled persons
e. Abuse of children
3. Offenses against property
a. Larceny
b. Breaking and entering
c. Robbery
d. Arson
e. Burglary
4. Drug offenses
a. Any offense constituting a felony that is enumerated in R.I. Gen. Laws § 21-28-1.01 et. seq., the Uniform Controlled Substances Act.
C. Minimum Training Requirements for Security Guards
1. The following minimum standards for training to be utilized by each security guard company or manager at each housing site to which security guards are assigned shall include:
a. The written procedure manual for each site
b. Building and grounds orientation
2. Management shall maintain a personnel file on each security guard.
3. Tenants shall be prohibited from serving as security guards at sites/complexes in which they reside and except as provided below in this paragraph, from having master keys.
4. If management desires to have a tenant or a resident have a master key to apartments solely in order to assist other tenants with lockouts after management's normal business hours, the housing manager must request a variance permitting this pursuant to §3.2.2 of this Part. The request must include documentation that the individual(s) have undergone a BCI check.
3.4.3Requirements for Security Devices/Equipment

All housing sites in Rhode Island designated as Housing for the Elderly must have cameras attached to their continuously running or motion activated recorders for the main entrance to the building. As of July 1, 2007, the requirement set forth in the preceding sentence shall apply to all ground level entrance/exit doors. In the event that a housing complex seeks a variance to this requirement see §3.2.2 of this Part, Variance Process, the factors that will be considered in granting a variance will include without limitation, a review of the location and setting of the elderly housing complex and if the doors have alarms attached and a review of police reports of activities around the building(s).

3.4.4Department of Corrections Notices

Each elderly housing complex, as part of its tenant acceptance process, shall review and consider any notice provided to the complex by the Department of Corrections, as required by R.I. Gen. Laws § 42-56-10(23), concerning the tenant's or prospective tenant's status on parole and the Department of Corrections' recommendations, if any, regarding safety and security measures.

3.4.5Reporting Requirements
A. 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, as defined in §3.2.1(I) of this Part herein, that conforms to the criteria available through the Division.
B. Every public and private housing complex designated by the federal government as housing for the elderly in the state shall submit the safety and security plan described in §3.4.2 of this Part to the Director on or before the 1st day of July of each year.
C. Notice of Changes in Housing Manager and Security Personnel. All housing for elderly shall notify the Division's Manager, Housing Program of any change in the housing manager and any change in security personnel at the housing site. This notification shall be made within thirty (30) days after the change in personnel.

218 R.I. Code R. 218-RICR-40-00-3.4