New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter D - Adult-Care Facilities
Part 489 - Adult Care Facilities Standards for Family-type Homes
Section 489.12 - Environmental standards

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 489.12

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The operator shall maintain the home in a good state of repair and sanitation, free of safety hazards and in conformance with any applicable local or State health and safety laws or regulations.

(b) Unless the operator has received prior written approval from the social services district, space in a family-type home for adults must be used only for long-term residential care and for family activities. The operator may request approval to utilize space for other activities such as room and board to individuals not in need of personal care and/or supervision, respite care, protective services for adults placements or adult day care.

(1) To obtain approval to provide room and board to individuals not in need of personal care and/or supervision, the operator must demonstrate:
(i) that the proposed use is not incompatible with the family-type program; and

(ii) that the additional use can be physically accommodated within the home;

(2) To obtain approval to provide respite care the operator and the social services district must demonstrate:
(i) that the proposed use is not incompatible with the family-type program;

(ii) that the additional use can be physically accommodated within the home:

(iii) that the proposed resident meets the admission standards for a family-type home as set forth in section 489.7 of this Part;

(iv) that the home does not exceed its certified capacity by admitting a temporary resident who requires personal care and/or supervision unless prior approval is granted by the social services district; and

(v) that the length of stay for respite care does not exceed 30 days.

(3) To obtain approval for a protective services for adults placement, the operator and the social services district must demonstrate:
(i) that the proposed use is not incompatible with the family-type program;

(ii) that the additional use can be physically accommodated within the home;

(iii) that the client appears to meet the admission standards set forth in section 489.7 of this Part;

(iv) that the home does not exceed its certified capacity by admitting a protective services for adults client who requires personal care and/or supervision unless prior approval is granted by the social services district; and

(v) that the length of stay does not exceed 30 days.

(4) To obtain approval for the provision of adult day care, the operator and the social services district must demonstrate:
(i) that the proposed use is not incompatible with the family-type program;

(ii) that the additional use can be physically accommodated within the home; and

(iii) that the operator has provided a substantially consistent high level of care to the facility's residents.

(c) An operator may renovate or remodel only after obtaining approval from the local department of social services and meeting the requirements of applicable building and safety codes.

(d) In a building certified for use, in whole or in part, as a family-type home for adults on or after September 22, 1978:

(1) No resident shall occupy any portion of the third or higher floor in a building of frame or unprotected ordinary construction, as defined by the Uniform Fire Prevention and Building Code.

(2) No resident shall occupy any portion of the seventh or higher floor in a building of protected ordinary construction, as defined by the Uniform Fire Prevention and Building Code.

(e) Mobile homes shall not be used as family-type homes without the prior written approval of the department. Such approval shall be granted only if the mobile home is constructed according to article 3 of chapter D of the Uniform Fire Prevention and Building Code and is in compliance with the requirements of this Part and such other fire safety or building standards as the department or the local social services district may require.

(f) Space requirements.

(1) Resident bedrooms:
(i) all resident bedrooms shall be above grade level, adequately lighted, and adequately ventilated;

(ii) single bedrooms shall have minimum floor area of 85 square feet exclusive of entrance way, wardrobe and closets;

(iii) double bedrooms shall have a minimum floor area of 70 square feet per resident, exclusive of entrance way, wardrobe and closets;

(iv) not more than two residents may share a bedroom;

(v) notwithstanding subparagraphs (ii), (iii) and (iv) of this paragraph, any single or double bedroom in use in a certified home as of January 31, 1985 may continue to be used.

(2) Bath and toilet facilities:
(i) there shall be a minimum of one toilet and one lavatory for every six occupants of the home, and a minimum of one tub or shower for every eight occupants of the home. However, any home certified on or before January 31, 1985 may continue to meet the standards of one tub or shower for every 10 occupants of the home;

(ii) all toilet and bathing areas shall be vented by means of natural or mechanical ventilation to the outside air; and

(iii) at minimum, a toilet and lavatory shall be located on the same floor as resident bedrooms unless waived in writing by the local department of social services.

(3) Dining and leisure:
(i) every home shall have a dining area, and an area for leisure activities;

(ii) dining and leisure areas shall be sufficient in size for the residents and members of the household to engage in eating and recreation activities; and

(iii) dining and leisure areas shall not be used as sleeping areas.

(g) Furnishings and equipment.

(1) Furnishings and equipment shall be clean, substantially constructed, and in good repair.

(2) The operator shall furnish each resident with the following minimum bedroom equipment:
(i) a standard, single bed equipped with springs and a single size mattress;

(ii) a chair, a nightstand, a lamp, and a wastepaper basket;

(iii) secure storage area for personal articles and medications; and

(iv) dresser and closet space for the storage of clothing.

(3) Rollaway beds, metal cots, folding beds or beds with side rails or beds in excess of 36 inches high shall not be used.

(4) Resident bedrooms shall be equipped with a hinged door.

(5) Windows in resident bedrooms shall be furnished with shades or blinds, and curtains or drapes.

(6) Light fixtures in resident bedrooms shall be shaded to prevent glare.

(7) Each resident shall be supplied with sheets, a pillow of average bedsize, a pillowcase, two blankets, a bedspread, and towels and washcloths. These items shall be clean, and free from tears and odors.

(8) A complete change of bed linens, towels and washcloths shall be provided to each resident at entry, at least once a week, and whenever changes are necessary.

(9) Dining areas shall be furnished with table(s) and chairs appropriate to the number of persons residing in the home.

(10) Leisure areas shall be furnished with tables, chairs and lighting fixtures appropriate to the number of persons residing in the home.

(11) Each home shall have a working telephone. The operator shall establish a system which permits residents to make telephone calls.

(12) Windows used for ventilation shall be equipped with screens.

(13) There shall be a supply of soap and toilet tissue in the bathroom(s) used by residents.

(h) Housekeeping.

(1) The operator shall maintain a clean and comfortable environment.

(2) All areas of the home, including but not limited to the floors, walls, windows, doors, ceilings, fixtures, equipment and furnishings shall be clean and free of vermin, rodents, trash and odors.

(3) Resident bedrooms, and common dining and leisure areas shall be cleaned at least weekly or more often as needed.

(4) Beds shall be made daily and straightened as necessary.

(i) Laundry.

(1) The operator, as part of the basic rate, shall launder and where appropriate, iron residents' clothes.

(2) The operator may make available equipment and space for residents who are willing and able to launder and/or iron personal laundry, under supervision if necessary.

(j) Maintenance.

(1) All equipment and appliances shall be clean and in good working order.

(2) Walls, ceilings and floors shall be free of cracks, peeling surfaces and missing tiles or raised portions.

(3) Electrical, plumbing, air conditioning and heating systems shall be maintained in good working order.

(4) The premises shall be kept free of breeding areas for vermin and rodents.

(5) Entrances, exits, steps and outside walkways shall be kept free from ice, snow and other hazards.

(6) A sufficient number of trash containers with covers shall be available.

(k) Heating/cooling.

(1) The home shall have a permanently installed heating system capable of maintaining required temperatures.

(2) When the outside temperature is 65°F (18°C) or less, the inside temperature in resident bedrooms and common areas shall be, at a minimum, 68°F (20°C).

(3) When the outside temperature is 85°F (30°C) or more, the operator shall:
(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.

(l) Electrical system.

(1) Electrical wiring and equipment shall be maintained and protected to prevent it from becoming a fire hazard or a source of ignition for combustible or hazardous substances, materials or devices.

(2) Electrical wiring and equipment shall be firmly secured to the surface on which it is mounted.

(3) Overcurrent protection devices shall be maintained in safe operating condition, shall not be locked or fastened in the "on" position, and shall be accessible.

(4) Electrical wiring and equipment shall be grounded to provide protection against shock.

(5) Flexible cord shall not be run through holes in walls, ceilings, or floors; through doorways, windows or similar openings; attached to building surfaces; or concealed behind or under walls, ceilings, floors or floor coverings.

(m) Safety procedures.

(1) Access to toilets or bathing areas shall not be through another resident's private bedroom.

(2) Access to resident bedrooms shall not be through other bedrooms or through bathrooms.

(3) Chainlocks, hasps, bars, padlocks and similar devices shall not be used in a way which would inhibit access to an exit or the free movement of residents.

(4) Doors in residents' sleeping rooms may be secured by the resident provided such doors can be unlocked from the outside and keys are available to the operator or substitute caretaker at all times.

(5) Storage of cleaning agents, bleaches, insecticides, or any other poisonous, dangerous or flammable materials shall be accomplished in a manner that assures resident protection.

(6) Signal bells, handbells, telephone or other audible system shall be available for emergency communication between resident bedrooms and the operator.

(7) Grab bars shall be provided for toilets and in bathtubs and showers unless waived in writing by the local department of social services upon showing by the operator that the needs of the resident population do not require the use of such devices.

(8) All bathtubs and showers used by residents shall have a nonskid surface.

(9) All interior and exterior stairways shall have a handrail.

(10) The water temperature at faucets for bathing, showering and handwashing shall not exceed 110° F (43°C).

(11) Heating pipes and radiators, with which residents may come in contact, shall be shielded to prevent burns.

(12) Illumination shall be present at the entrance to each resident bedroom in order to provide for safe resident entrance.

(13) Night lights shall be provided and working in all hallways, stairways and bathrooms which are used by residents.

(14) A hallway or corridor shall not be used for storage of equipment.

(15) Throw or scatter rugs shall not be permitted unless tacked down or equipped with a nonslip backing.

(16) Polishes used on floor shall provide a nonslip finish.

(17) The operator shall have available an emergency source of light which does not rely on commercial electric power.

(n) Smoke and fire protection.

(1) Acceptable testing laboratory listed smoke detectors shall be installed in the following locations:
(i) in a family-type home which is multi-level:
(a) at the top of all stairways;

(b) in a bedroom area when such an area is more than 20 feet from the top of the stairs;

(ii) in a family-type home which is on a single floor, in corridor(s) leading to bedrooms; or

(iii) where recommended by the local fire department.

(2) An ABC-rated fire extinguisher which meets National Fire Protection Association standards shall be installed in the kitchen. The extinguisher shall be properly installed and charged.

(3) Building exits shall be free of obstructions at all times.

(4) The following practices and equipment are considered fire hazards and are prohibited:
(i) smoking in bed;

(ii) nonmetal containers for wood or coal ashes;

(iii) unsafe accumulation of combustible material in any part of the building;

(iv) unsafe storage of flammable materials;

(v) overloaded electrical circuits;

(vi) hot plates in resident room(s);

(vii) self contained, fuel burning space heaters or stoves except that solid fuel burning stoves may be used upon written approval granted by the local department of social services. Approval must be based upon demonstration by the operator that:
(a) the installation of the stove and chimney is approved by the local building or fire department;

(b) a semi-annual inspection of the stove and fuel source is made by the local department of social services or an individual or group approved by the local department of social services to assure proper utilization;

(c) a semi-annual cleaning of stovepipes and chimney is performed unless an inspection of the fuel source and chimney indicates more frequent cleaning is necessary; and

(d) the operator has attended an education program on solid fuel burning stoves, if available;

(viii) portable electric space heaters.

(5) Fire escapes, if required by local codes, shall be installed and maintained according to those codes.

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.
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