Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Capacity.
(1) The capacity of an
enriched housing program located in a building with individual or shared
apartments must not exceed the capacity that can be accommodated in 25 percent
of the total number of units in the building.
(2) The capacity of an enriched housing
program located in a building in which residents share all space other than
bedrooms must not exceed seven residents.
(3) If the operator is a public agency, the
capacity at any one site must not exceed 16 residents.
(b) Enriched housing programs must:
(1) be integrated within the community and
readily accessible to medical and appropriate commercial and community service
facilities; and
(2) not be located
within existing adult care, health-related, skilled nursing or medical
facilities, single room occupancy buildings (SROs), or
hotels.
(c)
Occupancy groups.
(1) A building
in which an enriched housing program is located must be in compliance with the
requirements of the Uniform Fire Prevention and Building Code for the B-1
occupancy group, including any requirements specified for community residences,
or for the B-3 occupancy group.
(2)
If in New York City, a building in which an enriched housing program is located
must be in compliance with the City Building and Fire Protection Codes for the
J-2 occupancy group.
(d)
(1) The operator must ensure that the
building or buildings in which the enriched housing program is located and
which is owned or managed by the operator is in a good state of repair and
sanitation and in conformance with applicable State and local laws, regulations
and ordinances.
(2) If the operator
does not own or manage the building in which the enriched housing program is
located, the operator:
(i) must make efforts
to ensure that the building is in a good state of repair and sanitation and in
conformance with applicable State and local laws, regulations and
ordinances;
(ii) must initiate
action to correct any deficiencies in the building which affect the building's
state of repair and sanitation or which are in violation of applicable State
and local laws, regulations and ordinances, and must document such action;
and
(iii) may be required to
relocate the enriched housing program if the deficiencies or violations remain
uncorrected.
(e)
Safety procedures.
(1) Hasps, bars, padlocks and similar devices
must not be used in any resident area in a way which would inhibit access to an
exit or the free movement of residents.
(2) Doors in residents' sleeping rooms or
apartments may be secured by the resident provided such doors can be unlocked
from the outside and keys are available to staff at all times.
(3) Storage of cleaning agents, bleaches,
insecticides, or any other poisonous, dangerous or flammable materials must be
kept separate from food storage and in a manner that assures resident
protection.
(4) Heating pipes and
radiators, with which residents may come in contact, must be shielded to
prevent burns.
(5) Night lights
must be provided and working in all hallways, stairways and bathrooms which are
not private.
(6) A hallway or
corridor must not be used for storage.
(7) Throw or scatter rugs must not be
permitted unless equipped with a nonslip backing or secured to the
floor.
(8) Polishes used on floors
must provide a nonslip finish.
(9)
The water temperature at faucets for bathing, showering, and hand-washing must
be capable of attaining a temperature of 95 degrees Fahrenheit (35 degrees
Celsius) but must not attain a temperature in excess of 110 degrees Fahrenheit
(43 degrees Celsius) where controllable by the operator.
(10) Grab bars must be provided for toilets
and in tubs and showers.
(11)
Bathtubs and showers must have nonslip protections.
(12) The floor area immediately adjacent to a
shower or tub must have a nonslip mat.
(13) The following are fire hazards and are
prohibited:
(i) smoking in other than
designated areas;
(ii) portable
electric space heaters;
(iii)
accumulation of combustible materials in any part of the building;
(iv) storage of flammable or combustible
liquids in anything other than closed containers listed by an acceptable
testing laboratory;
(v) storage of
pressurized oxygen containers; and
(vi) cooking appliances in residents'
bedrooms.
(14) All staff
members must be familiar with the fire alarm systems and, where appropriate,
with procedures for testing and resetting these systems.
(f)
Furnishings and equipment.
(1) The operator must assure that furnishings
and equipment used by residents support daily activities, are appropriate to
function, and do not endanger the residents' health, safety, and
well-being.
(2) All resident areas
must be decorated, painted and appropriately furnished.
(3) Basic furniture and household items,
appropriate to size and function, and intended for common use must be provided
or arranged for by the operator.
(4) When not supplied by the resident, the
operator must provide each resident with the following minimum household
equipment:
(i) a standard, single bed in good
repair, a chair, a lamp;
(ii)
lockable storage facilities for personal articles and medication which cannot
be removed at will if the individual room or apartment is not equipped with a
lock;
(iii) individual dresser and
closet space for the storage of resident clothing;
(iv) dishes, glasses, utensils,
table;
(v) household linens
including, at a minimum, a pillow, a pillowcase, two sheets, blankets, a
bedspread, towels and washcloths;
(vi) household supplies and equipment
including soap and toilet tissue.
(5) All occupants must have access to radios
and television sets either in their individual dwellings or in shared
areas.
(6) Each dwelling unit must
contain at least one telephone.
(7)
All windows in resident-occupied areas must be equipped with curtains, shades
or blinds.
(8) All operable windows
must be equipped with screens.
(9)
Light fixtures must be shaded.
(g)
Maintenance.
(1) The operator of each enriched housing
program must make certain of the continued maintenance of buildings and grounds
in which programs are located or, in buildings not owned or under the control
of the operator, document efforts to obtain adequate building
maintenance.
(2) The building and
grounds must be maintained in a clean, orderly condition and in good
repair.
(3) All equipment and
furnishings used by the enriched housing program must be maintained in a clean,
orderly condition and in good working order.
(4) Walls and ceiling coverings must be free
of cracks or tears, peeling wallpaper or paint, missing or cracked
tiles.
(5) Floors and floor
coverings must be free of cracks and missing or raised portions.
(6) Electrical systems, including appliances,
cords and switches must be maintained in good working order.
(7) Plumbing and plumbing fixtures must be
maintained in good working order.
(8) Ventilation, air conditioning, and air
changing systems must be maintained in good working order.
(9) Heating systems must be maintained in
good working order.
(10) The
building, grounds, and other buildings on the premises must be kept free of
breeding areas for flies, vermin and rodents.
(11) Entrances, exits, steps and outside
walkways must be kept free from ice, snow and other hazards.
(12) Windows and screens must be kept clean
and in good repair.
(13) Sprinkler
systems must be maintained in good repair and working order.
(14) Smoke and fire protection equipment,
including fire extinguishers, must be maintained in accordance with
manufacturer's specifications.
(15)
To ensure safe, proper operating conditions, the following systems and
equipment must be inspected or tested as required by local codes:
(i) smoke detection systems;
(ii) fire alarm system;
(iii) sprinkler system; and
(iv) fire extinguishers.
(16) All inspection certificates required by
State or local authorities for buildings, grounds and equipment must be
available for review by the department and residents.
(h)
Space requirements for enriched
housing programs.
(1) Every enriched
housing program must have common space for congregate meals and
activities.
(2) Dining rooms and
leisure areas must be available for use by residents at appropriate times to
provide periods of social and diversional individual and group
activities.
(3) Space provided for
dining and leisure must be sufficient to accommodate all residents.
(4) Space must be provided for administrative
activities and records.
(5)
Suitable equipment for storing, preparing and serving foods in a sanitary
manner must be in good operating condition in each individual or shared
dwelling unit. This equipment must include a cooking stove or range with oven,
a refrigerator with freezer of appropriate size and sufficient capacity for the
number of occupants, a kitchen sink with hot and cold running water, which
drains into an approved private or public system, and cabinets for storage of
chinaware, food, and cleaning supplies. There must be adequate facilities and
services for the sanitary disposal of food wastes and refuse, including
facilities for temporary storage of garbage. Where required for the purpose of
preparing and/or serving common meals, communal dining areas with sufficient
space, a pleasant atmosphere, and sanitary conditions must be available within
shared dwelling units or otherwise within the building.
(6) Individual and shared dwelling units must
contain living, dining and sleeping areas which provide adequate space and
comfortable, homelike surroundings. Adequate closet space for storing personal
effects must be provided.
(7)
Residents must have access to outdoor areas.
(8) Space must be provided for storage of
equipment and supplies.
(9) The
operator must maintain public areas suitable for posting required notice
documents and other written materials which are visible to and accessible to
residents, staff and visitors.
(10)
Baths and toilet facilities.
Each individual dwelling unit or shared dwelling unit must
contain full bathroom facilities, including a toilet, lavatory, and a shower or
tub. In shared residences, these should be sufficient in number so that each
lavatory, toilet, shower or tub is not shared by more than three
residents.
(11) Living units
shall be lockable by the resident via an appropriate locking mechanism, with
only the resident and appropriate staff having access.
(12) Bedrooms.
(i) Each resident, except those desiring to
share a bedroom, must have a single bedroom.
(ii) Single bedrooms must have a minimum
floor area of 85 square feet, exclusive of foyer, wardrobe, closets, lockers
and toilet rooms.
(iii) Double
bedrooms must have a minimum floor area of 140 square feet, exclusive of foyer,
wardrobe, closets, lockers and toilet rooms.
(i)
Heating/cooling.
(1) The temperature in resident bedrooms and
common areas must be, at a minimum, 72 degrees Fahrenheit (20 degrees Celsius)
unless the operator can demonstrate that the building is in compliance with
local heating requirements which are lower and that the operator does not have
control of the building.
(2) When
the outside temperature exceeds 85 degrees Fahrenheit (30 degrees Celsius) the
operator must:
(i) take measures to maintain
a comfortable environment;
(ii)
monitor resident exposure and reactions to heat;
(iii) arrange for health care, if needed;
and
(iv) arrange for the temporary
relocation of residents, if needed.