New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 594 - Operation Of Licensed Housing Programs For Children And Adolescents With Serious Emotional Disturbances
Section 594.16 - Premises
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 594.16
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Safety.
(1) Each residence housing children and
adolescents shall be safe and suitable for the comfort and care of the
residents. They shall be maintained in a good state of repair and
sanitation.
(2) Each residence
housing children and adolescents shall observe the following precautions:
(i) A sufficient number of fire
extinguishers, approved by the Underwriters Laboratories, shall be installed in
accessible places on each floor. Fire extinguishers shall be tested and
recharged in accordance with manufacturers' recommendations.
(ii) Staff shall be trained in the use of
firefighting equipment, and in the means of rapidly evacuating the
building.
(iii) The following items
are prohibited:
(a) devices for heating,
cooking, or lighting which use kerosene, gasoline, or alcohol;
(b) portable propane devices for heating,
cooking, or lighting; and
(c)
portable electric hot plates for cooking.
(iv) The following items are allowed only
with the explicit approval of the Office of Mental Health and with a
description of the device in detail, including its safety features, potential
hazards and proposed procedures for maintenance and operation:
(a) electric space heaters;
(b) wood or coal burning stoves for heating;
and
(c) fireplaces.
(3) Each type of
residence housing children and adolescents shall conform to the appropriate
section of the most current recognized edition of the National Fire Protection
Association (NFPA) 101 Life Safety Code (LSC) as noted below. Said codes are
published by the National Fire Protection Association, One Batterymarch Park,
Quincy, MA 02269 and are available for review at the Department of State,
Division of Administrative Rules, One Commerce Plaza, 99 Washington Avenue,
Albany, NY 12231 and the Office of Mental Health, Bureau of Inspection and
Certification, 44 Holland Avenue, Albany, NY 12229.
(i) Teaching family homes and community
residences shall meet the requirements of the appropriate chapter LSC for one-
and two-family dwellings.
(a) Smoke detectors
are required outside of each sleeping area in the immediate vicinity of the
bedrooms and on each additional story of the living unit including basements,
and smoke or heat detectors in those areas separated by a door from the above
required detectors.
(b) With the
approval of the Office of Mental Health, detectors may be battery-powered,
provided that they emit a distinctive trouble signal before the battery is
incapable of operating the device.
(c) Tests or inspections, as recommended by
the manufacturer, shall be made not less than once a month for other than
battery-powered detectors and not less than once a week for battery-powered
detectors. A record of these tests shall be maintained for review.
(ii) Crisis residences for
children and adolescents shall conform to the requirements of the appropriate
chapter(s) of LSC for new or existing residential board and care occupancies as
appropriate. In addition:
(a) Smoke detectors
are required outside of each sleeping area in the immediate vicinity of the
bedrooms and on each additional story of the living unit including basements,
and smoke or heat detectors in those areas separated by a door from the above
required detectors.
(b) Tests or
inspections, as recommended by the manufacturer, shall be made no less than
once a month for other than battery-powered detectors and not less than once a
week for battery-powered detectors. A record of these tests shall be maintained
for review.
(c) An automatic
sprinkler system complying with NFPA 13D, Standard for the Installation of
Sprinkler Systems in One- and Two-Family Dwellings, is required. Said codes are
published by the National Fire Protection Association, One Batterymarch Park,
Quincy, MA 02269 and are available for review at the Department of State,
Division of Administrative Rules, One Commerce Plaza, 99 Washington Avenue,
Albany, NY 12231 and the Office of Mental Health, Bureau of Inspection and
Certification, 44 Holland Avenue, Albany, NY 12229.
(4) Each type of residence housing
children and adolescents shall provide carbon monoxide detectors, as per the
Residential Code of New York State, the Fire Code of New York State,
subdivision 5-a of section 378 of the New York Executive Law ("Amanda's Law")
and Local Law No. 7 for residences in New York City, as applicable.
(i) Carbon monoxide detectors shall be
installed in locations as required by applicable law and according to
manufacturer's directions and specifications.
(ii) Carbon monoxide detectors shall be
battery operated, plug-in type or hardwired, in accordance with applicable
law.
(iii) Inspections and tests of
carbon monoxide detectors shall be made in accordance with manufacturer's
directions and specifications. Written documentation of such testing shall be
maintained for review.
(5) Residences must possess a valid
certificate of occupancy or other documentation, which, in the opinion of the
Office of Mental Health, satisfies the intent of a certificate of
occupancy.
(b) Design and space requirements.
(1) Single bedrooms
for teaching family homes, community residences and crisis residences shall be
at least 90 square feet (exclusive of closets) and a multiple bedroom shall
provide at least 75 square feet per resident.
(2) No more than two persons shall share a
bedroom.
(3) All bedrooms must
receive natural light from an aggregate window area equal to at least 10
percent of the floor area of the bedroom and natural ventilation from
ventilating openings having free openable area of at least five percent of the
bedroom floor area.
(4) There shall
be a minimum of one toilet and one lavatory for each five residents and family
members, and a minimum of one tub or shower for each eight residents and family
members or part thereof.
(5) In
addition to bedroom space, at least 55 square feet of additional support space
shall be provided for each resident. Support space may include living rooms,
dining rooms, lounge areas, kitchens, and other such spaces as are accessible
to residents and used in program activities. Such spaces shall be apportioned
into at least two distinct areas. Living, dining and recreational areas shall
be arranged so as to provide a family-like environment.
(6) Equipment shall include:
(i) suitable, comfortable, single beds and an
adequate supply of clean linen. Cots shall not be used. High hospital-type beds
shall not be used except for physically handicapped persons requiring
them;
(ii) a chair and storage
facility for personal articles for each resident; and
(iii) an individual clothes closet or
wardrobe for each resident.
(c) Handicapped accessibility.
(1) Design and construction of new buildings
and the alteration of existing buildings shall be in accordance with the
requirements of Part 551 of this Title.
(2) Whenever one or more persons with
physical disabilities reside in a residential program, the program activities
shall, to the maximum extent feasible, occur in areas of the building which are
accessible to such persons.
(d) Waiver from the provisions of this section may be granted by the Office of Mental Health upon its determination that approval of such a waiver will not adversely affect the habitability or safety of the program. Such determination will be based upon a review of the following criteria:
(1) compensatory or other
existing features which have the effect of reducing the impact of the proposed
waiver;
(2) the service needs of
the population or individual served;
(3) the operating history of the program
and/or sponsoring agency requesting the waiver; or
(4) the cost of meeting the
requirements.
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