New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 686 - Operation of Community Residences
Section 686.16 - Certification of the facility class known as individualized residential alternative
Universal Citation: 14 NY Comp Codes Rules and Regs § 686.16
Current through Register Vol. 46, No. 52, December 24, 2024
(a) Principles of compliance.
(1) In
addition to the facilities in the community residence class known as supervised
community residences and supportive community residences, there shall be a
class of facility known as an individualized residential alternative.
(2) A facility in this class housing nine or
more persons shall meet the physical plant, Life Safety Code and environmental
requirements for supervised community residences listed in sections
635-7.1, 635-7.2 and
635-7.3 of this Title.
(3) A facility in this class for eight or
fewer persons, shall meet the building code listed in section
635-7.1(h)(1)(ii)
of this Title or for New York City in section
635-7.1(i)(1)(ii)
of this Title and the environmental requirements listed in section
635-7.4(b)(3) of
this Title. Additionally, if the occupants of such facility cannot be evacuated
to either a point of safety or the exterior in three minutes or less, the
facility shall meet the Life Safety Code requirements listed
in section
635-7.2(a)(1)(iii)
of this Title.
(4) An
individualized residential alternative shall meet the requirements of this Part
as set forth in sections
686.1,
686.2,
686.3,
686.4,
686.5,
686.9,
686.15(a)(1)-(3)
(as appropriate) and 686.16 of this Part.
(5) Each facility in this class shall ensure
the provision of, or provide as its minimum responsibility, protective
oversight (see glossary) appropriate to the person's needs.
(6) A facility receiving an operating
certificate as an individualized residential alternative, shall develop a site
specific written plan for protective oversight. The plan shall include
provisions for ensuring:
(i) The assessment of
each person's need for the amount and type of supervision necessary including
both staff and/or technology as appropriate to the person and
circumstance.
(ii) The use of
appropriately trained substitute personnel when the primary assigned personnel
are unavailable.
(iii) The
establishment of qualifications and training requirements of those responsible
for supervision.
(iv) The
establishment of a process whereby the person's continuing need for the
originally recommended amount and type of protective oversight can be
periodically reviewed, and modified as necessary.
(7) For the purposes of compliance with site
selection requirements, the provisions of section
41.34 of
the Mental Hygiene Law shall apply to a facility certified as an individualized
residential alternative as follows:
(i)
Facilities of 4-14 beds where on-site supervision is provided.
(ii) Facilities of 1-3 beds where on-site
24-hour per day supervision is provided.
(b) Standards of certification.
(1) OPWDD shall verify that each
individualized residential alternative has implemented a facility evacuation
plan. OPWDD shall verify that staff and persons residing in the facility are
trained and evaluated regarding their performance of said plan.
(2) For individualized residential
alternatives of eight or fewer beds, OPWDD shall verify that each person's
individualized services plan (see glossary) contains a current evaluation of
the fire evacuation capacity of the person based on actual performance. OPWDD
shall verify the accuracy of the information in each person's individualized
services plan relative to fire evacuation performance.
(3) OPWDD shall verify that each person has a
plan for protective oversight, based on an analysis of the person's need for
same, and that such need has periodically, but at least annually, been
reviewed, revised as appropriate, and integrated, as appropriate, with other
services received.
(4) OPWDD shall
verify that persons living in the facility are receiving appropriate protective
oversight in accordance with the following:
(i) any parties with supervision
responsibilities have received training appropriate to the protective oversight
needs of the persons in the facility including, but not limited to, first
aid;
(ii) any parties with
supervision responsibilities are aware of the specifics of each person's plan
for protective oversight; and
(iii)
each person's plan for protective oversight is being implemented as specified
in the person's individualized service plan.
(5) OPWDD shall verify, in facilities of
eight beds or less that the alarms of fire detectors installed pursuant to
section 635-7.4(b)(3)(v)
of this Title are clearly audible in sleeping areas with intervening doors
closed.
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