Current through Register Vol. 47, No. 12, March 26, 2025
(a) All
residential (except for family care homes and IRAs for eight or fewer persons,
see section
635-7.4 of this Subpart) and
nonresidential facilities certified on or after August 1, 2007 shall comply
with all the general requirements of this Subpart for the purposes of obtaining
an initial operating certificate.
(b) Facilities certified or recertified prior
to August 1, 2007 shall by virtue of such certification or recertification, be
presumed to have demonstrated compliance with the safety and welfare
requirements for purposes of certification by OPWDD. If a requirement in this
Subpart is more rigorous than what was previously required of existing facility
(e.g., number of individuals per bedroom) and if the strict
application of the provisions of this Subpart would result in unreasonable
hardship upon the facility, then based on the facility's previous compliance,
the facility is to be considered in compliance with this section. However, any
changes, modifications or upgrading of the facility that are made shall be in
compliance with the requirements of this section.
(c)
Physical plant requirements.
(1) Habitable space shall be provided with
natural light.
(2) The use of
portable or temporary space heaters as the sole source of heat is prohibited.
However, exceptions for cause for temporary supplemental use may be granted
where the commissioner has determined that the safety and welfare of the
persons receiving services in the facility have not been compromised.
(3) General plumbing systems shall be
maintained in good, safe, sanitary and serviceable condition.
(4) Water shall conform to the chemical and
bacteriological quality standards for potable water established by the health
authority having jurisdiction. For facilities having a private water source for
drinking or cooking purposes, the facility shall test the private water source
on at least an annual basis to ensure that the water conforms to such
established standards.
(5) Private
sewage disposal systems (
e.g., septic systems) shall conform
to the regulations of the authority having jurisdiction.
(6) The facility must have and maintain
active telephone service.
(i) Cellular and/or
landline services must be used to meet th is requirement.
(ii) If cellular telephone service is not
available at a location at all times, landline telephone service is
required.
(iii) Landline telephone
service, where provided, must consist of one or more of the following types of
land based transmission: cable, microwave, fiber optic, or copper
wire.
(iv) Landline telephone
service must remain in working order and function during power outages or be
backed up by immediately available cellular service.
(7) The facility shall notify OPWDD
immediately of anticipated or actual termination of any service vital to the
continued safe operation of the facility or the health of persons receiving
services and personnel, including, but not limited to the following services:
telephone, electric, gas, fuel, water, septic tank, heat, air conditioning,
contract food services, contract laundry services, smoke detection equipment or
heat detection equipment or sprinkler systems. All situations which, in the
reasonable opinion of the agency, are of a minor or merely inconvenient
inconsequential nature to persons receiving services in the facility, and which
can be remedied in a short term, timely fashion, need not be reported. The
facility is to promptly apply remedial measures to correct the circumstances
described above.
(8) Smoking is
prohibited inside all residential, day program, and clinic facilities that are
operated or certified by OPWDD (except supportive CRs and IRAs), but may be
permitted on the grounds of facilities, in accordance with section
633.23 of this Title. When smoking
is permitted in designated outdoor smoking areas, these areas must be:
(i) equipped with appropriate non-combustible
disposal receptacles for ashes, tobacco, and other smoking remnants;
and
(ii) properly maintained, with
routine emptying of disposal receptacles and removal of potential fire hazards
(
e.g., cigarette butts and paper products).
(d) For the purpose of
obtaining an initial operating certificate on or after August 1, 2007 all
supervised community residences, intermediate care facilities for persons with
developmental disabilities, private schools, and supervised IRAs housing nine
or more persons, in addition to the requirements of subdivision (a) of this
section, shall comply with the following requirements:
(1) The maximum number of beds in any bedroom
of these residential facilities shall be two. However, exceptions for cause may
be granted by the commissioner. Facilities certified prior to May 1, 1990, may
continue their existing bedroom capacity configuration.
(2) Bedrooms shall provide at least 70 square
feet per person, exclusive of closets, in multiple sleeping rooms; and not less
than 80 square feet, exclusive of closets, in single bedrooms.
(e) For the purpose of obtaining
an operating certificate, all supervised community residences, IRAs housing
nine or more persons and intermediate care facilities for persons with
developmental disabilities, in addition to the requirements of subdivisions
(a), (b) and (c) of this section, shall comply with the following requirements:
(1) Automatic detection and alarm devices.
(i) All required heat and smoke-detecting
services shall be interconnected as necessary to ensure that activation of
anyone device will sound an alarm that is audible throughout the facility.
Heat-detecting devices shall be either the rate-of-rise or fixed
self-restorative type.
(ii) A smoke
detector shall be installed in each bedroom.
(iii) A smoke detector shall be installed in
each corridor adjacent to sleeping rooms. In corridors or adjacent open areas
such as living rooms, dining rooms or recreation rooms, smoke detectors shall
be installed at a maximum of 30 feet on center and no more than 15 feet from a
wall.
(iv) A smoke detector shall
be installed at the head of each open stairway located within the facility; or
a smoke detector shall be installed within six feet of the bottom opening of a
stairway that is enclosed at the top.
(v) At least one smoke detector shall be
installed in basements (see section
635-99.1 of this Part) and at
least one heat detector installed in accessible and usable attics at a ratio of
one detector for each 1,000 square feet of floor space. Additional detectors
may be required for those basements and attics subdivided by
partitions.
(vi) A heat detector
shall be installed in kitchens.
(vii) A heat detector shall be installed in
storage rooms and near a furnace, boiler or any heat producing equipment
located within the facility.
(2) An area shall be set aside and furnished
specifically for dining, allowing a minimum of 15 square feet per individual
residing at the facility; except that 27 square feet per individual who is
nonambulatory shall be provided where such person(s) are to be admitted. Said
area may be of a multi-purpose use nature, but if so, it shall not be
furnished, configured or utilized in any manner which compromises its primary
function as dining space.
(3) Space
for staff work areas shall be provided in the facility. The location and amount
of space shall be determined by the types of services offered by the facility
and the characteristics of the individuals who reside at the facility. Each
facility that provides sleeping quarters for staff shall also have space for at
least one staff work area.
(4)
Habitable space for lounge, communal living or other nonprogram space shall be
provided in the facility of at least 25 square feet per person.
(5) A separate source of hot water or a
booster heater or a valve system shall be provided for dishwashers and other
appliances requiring temperatures in excess of 110 degrees Fahrenheit, except
in areas utilized to train individuals in the use and control of hot
water.
(6) The sole use of
thermostatically controlled mixing valves shall be unacceptable for achieving
the correct water temperature, unless the facility is located in a building
where the facility does not have control over the water supply.
(7) Shower mixing valves shall be of the
pressure balance type.
(8) Steam
pipes and steam radiators, with which individuals may come in contact within
the facility, shall be shielded. Hot water radiators that present a burn hazard
to individuals shall also be shielded.
(f) For the purposes of obtaining an
operating certificate, all nonresidential facilities, in addition to the
requirements of subdivisions (a), (b) and (c) of this section, shall comply
with the following requirements:
(1) Occupied
space shall have a minimum height of eight feet, measured from finished floor
to finished ceiling.
(2) Paint
shops, storage and service rooms, or spaces where flammable materials are
stored or used shall be enclosed by construction having a fire-resistance
rating of at least two hours.
(g) For purposes of the issuance of an
operating certificate, the commissioner may exempt the need to apply specific
provisions of this subdivision to any facility for such periods as deemed
appropriate. However, this shall occur only if the strict application of the
provisions would result in unreasonable hardship upon the facility. Then such
exemptions shall be made, only if there is acceptable documentation that it
will not adversely affect the health and safety of the individuals receiving
services in said facility. Any exemptions (including those formerly referred to
as "waivers") shall continue in effect until rescinded in writing by the
commissioner for cause.
(h) All
facilities, except family care homes and IRAs for eight or fewer persons, shall
comply with the following requirements:
(1)
Toilet rooms and bathrooms shall provide personal privacy.
(2) Safe, continuous and unobstructed exits
are maintained from the interior of a facility to the exterior at a street or
to a yard, courtyard or passageway leading to an open public area. A landlocked
courtyard must have unrestricted access to a location which is at least 30 feet
away from the building.
(3) All
ramps, doors, handrails, elevator controls, telephones and similar devices
installed for use by individuals with physical disabilities, are in an
operable/usable condition.
(4) At
least one fire extinguisher equal to Class-1-A-5BC, 2.5 pound unit, approved
and labeled by the Underwriters Laboratories, is located in an accessible place
on each floor. Extinguishers are tested and recharged in accordance with the
recommendations of the manufacturer and the NFPA.
(5) The maintenance and/or cleaning of any
heating, air conditioning and/or air filtration equipment, and fire protection
equipment, shall be performed on a regular basis and in accordance with the
recommendations of the manufacturer.
(6) Cleaning and maintenance of the physical
plant shall be performed on a regular basis.
(7) Any hazardous conditions that present a
threat to an individual's safety or welfare shall be repaired in a timely
fashion.
(8) When required by other
State agencies, the facility shall keep records that document compliance with
the sanitation, health and environmental safety codes of New York State or the
City of New York.
(9) Door stops,
wedges or other nonautomatic releasing hold-open devices are not used on
openings in fire walls, fire separations and smoke barriers.
(10) Heating, ventilation and air
conditioning equipment is operable, as appropriate.
(11) There is a communication system which
ensures the following:
(i) the prompt
contacting of on-duty personnel; and
(ii) the prompt notification of responsible
personnel in the event of an emergency.
(i) In addition to the requirements of
subdivision (h) of this section, all supervised community residences, IRAs
housing nine or more persons and all intermediate care facilities for persons
with developmental disabilities shall also comply with the following
requirements:
(1) There is documentation that
all heat and smoke-detecting alarm devices have been tested
quarterly.
(2) The temperature of
the hot water at all faucets accessible to persons residing in the facility
does not exceed 110 degrees Fahrenheit except in areas utilized to train
individuals in the use and control of hot water.
(3) There are insect screens on all windows
used for ventilation.
(j) In addition to the requirements of
subdivision (h) of this section, supportive community residences shall also
comply with the following requirements:
(1)
The exit and directional signs (where required by the Uniform Code or the
Building Code of the City of New York) are kept illuminated at all times the
facility is occupied.
(2) There are
insect screens on all windows used for ventilation.
