New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 584 - Operation Of Residential Treatment Facilities For Children And Youth
Section 584.19 - Premises
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 584.19
Current through Register Vol. 46, No. 39, September 25, 2024
The following standards shall apply to the physical plant or physical facilities of a residential treatment facility:
(a) Construction standards.
(1) Facilities shall be and remain in compliance
with applicable sections of the 2010 edition of the Guidelines for Design and
Construction of Health Care Facilities published by the Facility Guidelines
Institute with assistance from the United States Department of Health and Human
Services, provided, however, that this provision shall apply only to facilities
which undertake construction or major renovations on or after the effective date of
this paragraph. Facilities which have been constructed or have completed major
renovations prior to that date in accordance with Part 77 of this Title shall be
deemed to be in compliance with this paragraph.
(2) The design of the facility shall meet the
requirements of the applicable sections of the Americans with Disabilities Act and
the ADA Standards for Accessible Design and implementing regulations found at 28 CFR
Parts 35 and 36.
(3) Waivers of up to 10
percent of the square footage for bedroom space will be considered by the Office of
Mental Health upon application from the agency.
(b) Fire safety.
(1) All buildings containing sleeping quarters for
children or youth shall be protected by a fire detection system or a sprinkler
system installed throughout. All buildings used by children or youth, but not
containing sleeping quarters for them shall be protected throughout by a sprinkler
system, fire detection system, or manually operated fire alarm system. All areas of
high fire hazard in all buildings used by children or youth, whether or not they
contain sleeping quarters for them, shall be protected by a sprinkler system and be
separated from other areas by substantial, fire-resistant construction.
(2) All fire protection systems and equipment
shall be installed according to recommendations of the National Fire Protection
Association, and shall be inspected at least quarterly by a person who is expert in
the installation, operation and inspection of such systems and equipment. A record
of these inspections shall be kept by the facility. Facilities shall immediately
correct any deficiency noted during inspection and testing.
(3) Each residential treatment facility shall
request an annual inspection of each building used by children or youth and its fire
protection equipment by local fire authorities and/or the residential treatment
facility's fire and casualty insurance carrier, who shall be requested to give the
facility a written report of their findings. This report shall be kept on file on
the premises until replaced by the next annual report of inspection. The residential
treatment facility shall be responsible for correcting any fire hazards called to
its attention throughout such inspection, and for keeping a written record on file
of the action taken and when.
(4) Fire
safety training. Facilities shall provide fire safety training to all staff. Newly
hired staff shall be trained upon hiring and existing staff trained at least
annually. Fire safety training shall include, but not be limited to:
(i) fire prevention;
(ii) discovering a fire;
(iii) operating the fire alarm system;
(iv) use of firefighting equipment; and
(v) building evacuation including fire drill
protocols which identify staff roles.
(5) Fire drills. On a quarterly basis, facilities
shall conduct fire drills in each building that houses patients. At least 50 percent
of such drills must be unannounced.
(i) For each
quarter, each such building must have a minimum of one practice fire drill per
shift.
(ii) Facilities must direct all
staff members on all shifts to participate in fire drills.
(iii) Drills shall be scheduled at varying times
during a shift.
(iv) Use of alternative
exits shall be practiced during fire drills.
(v) Whenever practicable, drills shall involve the
actual evacuation of patients to an assembly point as specified in the evacuation
plan. Consistent with the Life Safety Code standards, in larger facilities that are
subdivided into separate smoke compartments to limit the spread of fire and smoke
and move patients without leaving the building or changing floors, evacuation may
include the relocation of patients to such compartments.
(vi) Properly documented actual or false alarms
may be used for up to 50 percent of required drills for each shift, if all elements
of the facility's fire plan were implemented.
(vii) Facilities must document and maintain
records regarding fire drill performance which include an evaluation of the results
of each fire drill, any corrective action that may be required, and completion of
steps taken to achieve such corrective action.
(c) Prohibited items.
(1) The following items are prohibited from use
within the structure:
(i) devices for heating,
cooking, or lighting which use kerosene, gasoline, wood, or alcohol;
(ii) portable electric hot plates; and
(iii) barbeque grills. The use of barbeque grills
is permissible when used outside of buildings but not within 30 feet of any
structure including overhangs, canopies or awnings.
(2) The use of portable space heating devices is
prohibited in patient sleeping and treatment areas of the facility, as well as in
the facility administration offices. Use of a portable space heating device in any
other building on the grounds of a facility shall be in accordance with guidelines
of the office, provided that:
(i) the unit has an
Underwriters Laboratories (UL) certification mark;
(ii) the unit is thermostat-controlled and has a
tip-over cutoff device;
(iii) the unit
is plugged directly into a wall receptacle (no extension cords);
(iv) combustible materials are not stored around
or near the unit;
(v) at least a
three-foot clearance around the unit is maintained; and
(vi) the unit is not placed underneath a desk,
furniture or other combustible items.
(d)
Smoking. Facilities must not permit smoking within any buildings on
the grounds of the facility. If smoking is permitted on the grounds of the facility,
it shall be contained to a specific location(s) equipped with an approved
non-combustible ash receptacle. Smoking shall not be permitted within 30 feet of any
building structure, including overhangs, canopies or awnings.
(e)
Medication storage. If
medications are stored on the premises of the residential treatment facility, the
residential treatment facility shall provide for controlled access maintenance of
supplies in accordance with all applicable Federal and State laws and regulations.
(1) There shall be a single medication storage
area within a single unit of the residential treatment facility.
(2) Medication shall be stored in a sturdy metal
or sturdy wooden cabinet without glazing which shall be locked except when
medication is needed. Controlled substances shall be stored in double-locked
cabinets as follows:
(i) Schedule I, II, III and IV
controlled substances shall be kept in stationary, double-locked cabinets. Both
inner and outer cabinets shall have key-locked doors with separate keys. Spring
locks or combination dial locks are not acceptable.
(ii) Schedule V controlled substances shall be
stored in a stationary, secure, locked cabinet of substantial
construction.
(3)
Refrigerators used for storage of medication shall not be used for the storage of
food or beverages unless the medication is stored in separate locked compartment
within the refrigerator.
(f)
Each living unit shall provide for the comfort and privacy of the residents and
shall be limited in size to 14 residents. The premises shall be reasonably
maintained to ensure access to services by all residents.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
