New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 595 - Operation Of Residential Programs For Adults
Section 595.15 - Premises
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 595.15
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Safety.
(1) All residential programs shall be safe
and suitable for the comfort and care of the resident. Residences shall be
maintained in a good state of repair and sanitation.
(2) Code requirements.
(i) Residential programs comprising the
entire residential occupancy of a building, or programs in which the sponsoring
agency or other Office of Mental Health approved entity otherwise controls the
entirety of the building, shall meet the provisions of the appropriate chapter
and section of the most current recognized edition of the National Fire
Prevention Association (NFPA)--101 Life Safety Code (LSC) as noted in clauses
(a)-(c) of this subparagraph. 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.
(a) Newly
constructed residences shall be governed by the appropriate chapter for new
construction of the Life Safety Code. New residential programs which house 16
or few persons (excluding staff) shall specifically meet the provisions of the
chapter on small facilities. New residences housing more than 16 residences
shall specifically meet the provisions of the chapter on large
facilities.
(b) Existing buildings
which are converted to use as residential programs shall be governed by the
appropriate chapter for existing construction of the Life Safety Code. Existing
residences housing 16 or fewer persons (excluding staff) shall specifically
meet the provisions of the chapter on small facilities. Existing residences
housing more than 16 residents shall specifically meet the provisions of the
chapter on large facilities.
(c)
The applicable standards of the appropriate chapters of the LSC shall be based
upon the anticipated evacuation capability of the residents to be
housed.
(ii) Residential
programs, or portions of residential programs, located in buildings not fully
controlled by the sponsoring agency or other Office of Mental Health approved
entity are required to provide a smoke detection system satisfactory to the
Office of Mental Health. A plan showing the proposed system must be submitted
for review and approval.
(a) Smoke detectors
are required outside of each sleeping area in the immediate vicinity of the
bedrooms, 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) Smoke and
heat detectors may be powered by batteries, provided that the batteries are
monitored. A distinctive trouble signal must be given 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.
(iii) Residential programs, or
portions of residential programs located in buildings not fully controlled by
the sponsoring agency or other Office of Mental Health-approved entity are
required to 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.
(a) Carbon monoxide detectors shall be
installed in locations as required by applicable law and according to
manufacturer's directions and specifications.
(b) Carbon monoxide detectors shall be
battery operated, plug-in type or hardwired, in accordance with applicable
law.
(c) 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.
(3) 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.
(4) All residential
programs 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 and residents 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.
(b) Design and space requirements.
(1) All residential
programs shall:
(i) Provide not less than 145
square feet of living space per resident. Living space shall include:
(a) single bedrooms of at least 90 square
feet and/or multiple bedrooms providing at least 75 square feet per resident,
exclusive of closets. No more than two persons shall share a bedroom without
the specific approval of the Office of Mental Health; and
(b) support space of at least 55 square feet
per person. 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. Bedroom space in excess of the required minimum may be
credited toward meeting support space requirements.
(ii) Be eligible, with the approval of the
Office of Mental Health, for the following waivers, the total of which shall
not exceed 10 square feet per resident:
(a) up
to 15 percent of bedroom space for one and two resident bedrooms; and
(b) up to 10 percent of support space in
congregate type residences; or
(c)
up to five percent of support space in service enriched single room occupancy
residences.
(iii) Insure
that bedrooms and all required support space meet the requirements for
habitable space as defined in the applicable building code.
(iv) Provide a minimum of one toilet and one
lavatory for each five residents and a minimum of one tub or shower for each
eight residents or part thereof.
(v) Provide the following equipment:
(a) for each resident, a suitable,
comfortable, bed and an adequate supply of clean linen. Cots shall not be used.
High hospital-type beds shall not be used except for persons requiring
them;
(b) a chair, lamp, dresser,
closet or wardrobe and, if possible, a desk or table for each resident, and
curtains, shades, or blinds for each window.
(vi) Maintain common areas in good condition
and appropriately furnished.
(2) Each service enriched single room
occupancy program:
(i) shall meet all of the
requirements of paragraph (1) of this subdivision;
(ii) shall not exceed 100 bedrooms;
and
(iii) shall provide either:
(a) common areas for food preparation and
dining;
(b) at least one
kitchen/kitchenette for each six residents, or part thereof; or
(c) at least one meal per day per resident
prepared external to the premises; and
(iv) shall provide access to cooking
facilities for each resident's personal use. At least one kitchen/kitchenette
shall be provided and accessible to each 12 residents, or part thereof. The
Office of Mental Health may waive this requirement if an existing structure is
being used and it would be too costly to renovate the facility to meet this
requirement. In such cases, the applicant must submit a plan that provides
residents with some access to cooking facilities for personal use.
(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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