New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities
Subpart 635-7 - Environmental Requirements
Section 635-7.4 - Family care homes and individualized residential alternatives (IRAs) for eight or fewer persons
Universal Citation: 14 NY Comp Codes Rules and Regs § 635-7.4
Current through Register Vol. 47, No. 12, March 26, 2025
(a) Building codes (see section 635-99.1 of this Part) and occupancy classifications.
(1) As set
forth in section
381 of the
Executive Law, the State's cities, towns and villages shall be responsible for
administering and enforcing the appropriate section of the 2002 edition of the
New York State Uniform Fire Prevention and Building Code (hereafter referred to
as the Uniform Code) as designated in paragraphs (3) and (4) of this
subdivision, for homes that are owned or leased by parties or entities other
than the State of New York, its departments, agencies or offices. In the City
of New York, the Building Code of the City of New York shall be administered
and enforced by the city as to such facilities. Said codes are available as
follows:
(i) Outside the City of New York.
The code is published by the New York State Department of State, 41 State
Street, Albany, NY 12231-0001; or is available for review during business hours
and by appointment at the following locations:
(a) the NYS Department of State, Division of
Administrative Rules, 41 State Street, Albany, NY 12231-0001; and
(b) the Office for People With Developmental
Disabilities, Attention: Public Access Officer, 44 Holland Avenue, Albany, NY
12229.
(ii) In the City
of New York. The code is published by the City Record, 2208 Municipal Building,
New York, NY 10007; or is available for review during business hours and by
appointment at the following locations:
(a)
the Department of State, Division of Administrative Rules, 41 State Street,
Albany, NY 12231; and
(b) the
Office for People With Developmental Disabilities, Attention: Public Access
Officer, 44 Holland Avenue, Albany, NY 12229.
(2) With respect to all family care homes
(see section
635-99.1 of this Part) and
individualized residential alternatives (IRAs) (see section
635-99.1 of this Part) for eight
or fewer persons to which the Uniform Code or the Building Code of the City of
New York is applicable, the code shall be administered, enforced, varied or
modified as provided therein, as well as applicable Department of State rules
and regulations and the requirements set forth in this Subpart.
(3) For the purposes of the administration
and enforcement of the Uniform Code by the authority having jurisdiction, the
following occupancy classifications or designations shall be applied to family
care homes and IRAs for eight or fewer persons (which are family units pursuant
to section
41.34 of
the Mental Hygiene Law).
(i) Where the
facility is located in a one- or two-family dwelling (see section
635-99.1 of this Part), either:
(a) Residential Code; or
(b) Classification R-3 if the facility does
not comply with the requirements of the Residential Code.
(ii) Multiple dwelling. Classification R-2,
in all other instances.
(4) For purposes of the administration and
enforcement of the Building Code of the City of New York by the authority
having jurisdiction, the following occupancy classifications shall apply to the
specified family care homes and IRAs for eight or fewer persons (which are
family units pursuant to section
41.34 of
the Mental Hygiene Law).
(i) Residential
occupancy group. Classification J-3 where any home is located in a one- or
two-family dwelling;
(ii)
Residential occupancy group. Classification J-2 in all other
instances.
(5) An
applicant for an initial operating certificate shall confirm that their home
satisfies OPWDD's conditions for meeting applicable building code requirements
by:
(i) a certificate of occupancy, or
equivalent, which documents the building's compliance; or
(ii) if the applicant is unable to obtain
such a certificate, a signed report from a New York State licensed architect or
engineer that describes the home's compliance and any effect noncompliance
could have on the health, safety and welfare of the occupants.
(6) Compliance with building codes
in effect on the date of survey for recertification is not a requirement for
recertification unless physical plant modifications have been made that are
subject to the building codes in effect at the time of the
modification.
(7) If any physical
plant modifications are initiated that are subject to the building codes in
effect at the time of receipt of the permit for such modification, the provider
shall notify OPWDD in writing of the proposed changes and provide documentation
that such changes will be in compliance with all applicable building codes and
related guides.
(b) Safety and welfare requirements.
(1) All family care homes and IRAs for eight
or fewer people, initially 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.
(2) Family care homes and IRAs for eight or
fewer people, 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 the existing home and if the strict application
of the provisions of this section would result in unreasonable hardship upon
the family care provider, then based on the home's previous compliance, the
family care home is to be considered in compliance with this Subpart. However,
any changes, modifications or upgrading of the facility that are made shall be
in compliance with the requirements of this Subpart.
(3) All family care homes and IRAs for eight
or fewer persons shall comply with the following general safety and welfare
requirements:
(i) No bed shall be located in
an attic, stair hall, hallway, or room commonly used for other than bedroom
purposes.
(ii) 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 residing
in the home has not been compromised.
(iii) The home must have and maintain active
telephone service.
(a) Cellular and/or
landline services must be used to meet th is requirement.
(b) If cellular telephone service is not
available at a location at all times, landline telephone service is
required.
(c) 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.
(d) Landline telephone
service must remain in working order and function during power outages or be
backed up by immediately available cellular service.
(iv) The family care provider or the operator
of the IRA shall notify OPWDD immediately of the anticipated or actual
termination of any service vital to the continued safe operation of the home or
IRA or the health of persons receiving services. This shall include but not be
limited to the following services: telephone, electric, gas, fuel, water,
septic tank, heat, air conditioning, smoke or heat detection equipment or
sprinkler systems. All situations which, in the reasonable opinion of the
family care provider or the operator of the IRA, are of minor or merely
inconvenient, inconsequential nature to persons receiving services, and which
can be remedied in a short-term, timely fashion, need not be reported. The
family care provider or the operator of the IRA is to promptly apply remedial
measures to correct the circumstances described above.
(v) Detection and alarm devices.
(a) 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.
(b) A smoke detector shall be
installed at the head of each open stairway located within the home or IRA; or
a smoke detector shall be installed within six feet of the bottom opening of a
stairway that is enclosed at the top.
(c) At least one smoke detector shall be
installed in basements (see section
635-99.1 of this Part). Additional
detectors may be required for those basements and attics subdivided by
partitions.
(vi) Fire
extinguishers shall be portable and in accordance with the requirements of NFPA
10, and approved and labeled by the Underwriters Laboratories.
(vii) Steam pipes and steam radiators with
which people receiving services may come in contact within the home or IRA
shall be shielded. Hot water radiators that present a burn hazard to
individuals (see section
635-99.1 of this Part) shall also
be shielded.
(viii) The family care
home or the IRA shall be of sufficient size to provide adequate and proper
living accommodations for all residents of the household, including the
individuals receiving services who reside in the home or the IRA.
(ix) Each individual shall have a separate
bed and adequate storage provision for clothing and other personal
possessions.
(x) No individual is
to share a bedroom with more than one other person.
(xi) Food supplied to individuals shall be of
good quality, properly prepared, and served in sufficient quantities and
frequency to meet the dietary and nutritional needs of the
individuals.
(xii) Toilet rooms and
bathrooms shall provide personal privacy.
(xiii) Safe, continuous and unobstructed
exits shall be maintained from the interior of the home or IRA 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.
(xiv) All ramps, doors, handrails, elevator
controls, telephones and similar devices installed for use by individuals with
physical disabilities are in an operable/useable condition.
(xv) Any hazardous conditions that present a
threat to an individual's safety or welfare are repaired in a timely
manner.
(xvi) The maintenance
and/or cleaning of any heating, air conditioning and/or air filtration
equipment has been performed on an annual basis. Such equipment shall be
properly maintained and in working order.
(xvii) At least one fire extinguisher is
located in an accessible place in or near the kitchen area. Extinguishers are
tested and recharged in accordance with the recommendations of the manufacturer
and the NFPA.
(xviii) Other fire
protection equipment is maintained in accordance with the recommendations of
the manufacturer.
(xix) The home or
IRA shall be clean and well maintained.
(xx) In homes or IRAs with private water
sources 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
the chemical and bacteriological quality standards for potable water
established by the health authority having jurisdiction.
(4) Smoking is prohibited inside supervised
IRAs. Smoking may be permitted on the grounds of supervised and supportive
IRAs, 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
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).
(c) For the purposes of the issuance of an operating certificate, the commissioner may exempt the need to apply specific provisions of this section to any family care home or IRA for eight or fewer persons, 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 provider. Then such exemptions shall be made, only if there is acceptable documentation that it will not adversely affect the health and safety of individuals receiving services. Any exemptions (including those formerly referred to as "waivers") shall continue in effect until rescinded in writing by the commissioner for cause.
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.
