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 491 - Shelters For Adults
Section 491.26 - Civil penalties
Current through Register Vol. 46, No. 12, March 20, 2024
The office may assess civil penalties of $1,000 per day against the operators of shelters for adults, small-capacity shelters, and shelters for adult families for violations of these regulations or of an order issued pursuant to subdivision 8 of section 460-d of the Social Services Law or section 491.22(f) of this Part, where it establishes at a hearing held pursuant to Part 493 of this Title that the violations endangered residents or have resulted in harm to a resident. Civil penalties shall be calculated from either the date that a notice of violation is issued to the operator by the office, or the date on which the violation occurs, if earlier, and shall cease to run on the date that correction is made subject to verification by the office. Violations that endanger residents may include, without limitation:
(a) the substantial failure of the facility's fire protection or prevention systems required by section 491.18(b)(1) of this Part. Substantial failure will have occurred if more than half of the individual smoke and carbon monoxide detectors or fire sensors or alarm units are inoperative;
(b) the failure to maintain 2 means of egress from each floor of a facility on which 11 or more residents are housed, as required by section 491.18(b)(5)-(6) of this Part;
(c) the failure of a substantial number of the facility's fire extinguishers to comply with section 491.18(b)(7) of this Part;
(d) the failure to implement appropriate measures to control access to the shelter, including but not limited to admittance procedures for persons entering the facility and the installation and use of safety locks on exit and entry doors or other suitable security devices;
(e) the failure to monitor or conduct surveillance of the grounds, facility and activities of the residents;
(f) the failure to remediate apparent structural defects or deficiencies in building components such as foundations, walls, roofs, stairs, ceilings, floors, floor coverings, doors, and windows that render the facility unsafe or unfit for human habitation; and
(g) the failure to remediate known defects in utility and building systems such as electric, water, gas, heat, ventilation, plumbing, sewage that render the facility unsafe or unfit for human habitation.
