Document Citation: 14 NYCRR 589.12

Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 14. DEPARTMENT OF MENTAL HYGIENE
CHAPTER XIII. OFFICE OF MENTAL HEALTH
PART 589. OPERATION OF CRISIS RESIDENCE


Date:
08/31/2009

Document:

ยง 589.12 Premises

(a) The crisis residence shall be safe and suitable for the comfort and care of the persons resident therein. The residence shall be maintained in a good state of repair and sanitation.

(b) Safety requirements. The crisis residence shall meet the following requirements:

(1) A sufficient number of fire extinguishers, approved by the Underwriters Laboratories, shall be installed in accessible places on each floor and in high-hazard areas. Fire extinguishers shall be tested and recharged in accordance with manufacturers' recommendations.

(2) Employees shall be trained in the use of firefighting equipment, and in the means of rapidly evacuating the building. Fire exit drills shall be held at least once per month and at varied times during the 24 hours. A written record of each drill shall be kept on file for a period of one year.

(3) All of the following fire hazards are prohibited:

(i) space heaters;

(ii) the use of kerosene for cooking or lighting;

(iii) rubber tubing used as connections for gas burners;

(iv) the accumulation of combustible material in attics, basements or other parts of the residence; and

(v) unsafe storage of paints, varnishes, oils, and other combustible liquids.

(4) Each crisis residence shall have a smoke-detection system which meets the requirements of section 6-3 of the Life Safety Code 101 of the National Fire Protection Association, applicable to noncoded systems, and the following:

(i) A smoke-detection unit shall be located in each stairway at each floor, in each bedroom, in each 1,000 square feet of unoccupied attic and basement space, in each high hazard area, and in each 40 feet or part thereof of corridor length.

(ii) Location of smoke-detection units shall be subject to Office of Mental Health approval.

(iii) The smoke-detection system or each independently operating unit shall be tested at least once each three-month period, and batteries in battery-operated units shall be replaced as necessary.

(iv) A complete system or individual units may be required depending on the construction, layout, occupancy and/or other factors associated with the building. Prior to the opening of a crisis residence, and the issuance of an operating certificate, a fire safety plan must be submitted to and approved by the Office of Mental Health.

(c) Design and space requirements. (1) Single bedrooms shall be at least 90 square feet (exclusive of closets) and a multiple bedroom shall provide at least 75 square feet per resident.

(i) No more than four persons shall share a bedroom.

(ii) No bedroom shall be located below grade.

(iii) Up to 15 percent of minimum square footage may be waived for cause in bedrooms housing one or two persons. Consideration will also be given to the amount of square footage per resident in living, dining and recreational areas. Requests for such waivers should be outlined in the fire safety plan submitted to the Office of Mental Health.

(2) There shall be a minimum of one toilet, one lavatory and one tub or shower for each five residents or part thereof.

(3) In addition to bedroom space, at least 55 square feet of space per resident shall be provided for living, dining and recreational activities, apportioned within at least two distinct areas in each crisis residence unit.

(i) Dining rooms shall be equipped to provide for small group seatings during meals.

(ii) Living rooms and/or recreation areas shall provide for small group socialization and recreation.

(d) Equipment shall include:

(1) suitable, comfortable, single beds and an adequate supply of clean linen. Cots must not be used. High hospital-type beds shall not be used except for physically handicapped persons requiring them;

(2) a chair and storage facility for personal articles for each resident; and

(3) an individual clothes closet or wardrobe for each resident.

(e) A crisis residence serving persons who are not capable of self-preservation as defined in section 589.4 of this Part, shall comply with all requirements of chapter 10 of the Life Safety Code 101 of the National Fire Protection Association, applicable to residential-custodial occupancies, except for the fire-resistivity requirements for one-story construction, and the State Uniform Fire Prevention and Building Code (9 NYCRR), applicable to occupancy group C6.2.

(f) Crisis residences serving only persons capable of self-preservation operated in buildings without other occupancy shall meet the following requirements:

(1) If the building houses no more than 14 persons (including patients and staff who sleep at the residence), the premises shall comply with all applicable requirements of the State Uniform Fire Prevention and Building Code (9 NYCRR) applicable to one-and two-family dwellings. In addition to these requirements, the premises shall have an automatic sprinkler system and two means of egress, at least one of which is an enclosed interior stair.

(2) If the building houses more than 14 persons, the premises shall comply with all applicable requirements of the State Uniform Fire Prevention and Building Code (9 NYCRR) applicable to multiple dwellings. In addition to these requirements, the premises shall have an enclosed interior stair as a means of egress and an automatic sprinkler system.

(3) In lieu of paragraphs (1) and (2) of this subdivision, the requirements of the State Uniform Fire Prevention and Building Code (9 NYCRR) applicable to occupancy group C6.2 may be met.