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NEW YORK CODES, RULES AND REGULATIONS
TITLE 14. DEPARTMENT OF MENTAL HYGIENE
CHAPTER X. ALCOHOLISM
PART 375. OPERATION OF COMMUNITY RESIDENCES FOR ALCOHOLISM
Date:
08/31/2009
Document:
ยง 375.14 Buildings and equipment
(a) All community residences shall maintain a safe, sanitary and homelike environment for the comfort and care of the persons resident therein. Each community residence shall be maintained in a good state of repair and sanitation, both inside and out, and shall conform to all applicable laws and ordinances and to the rules and regulations of all local authorities relating to the premises, safety, fire, health and sanitation.
(b) Safety requirements. All community residences shall observe the following safety precautions:
(1) A sufficient number of fire extinguishers, approved by the Underwriters Laboratories, shall be installed in accessible places on each floor. 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 monthly, and at varied times during the 24 hours. A written record of each drill shall be kept on file for a period of two years. Caution shall be exercised to limit the impact of fire drills upon other tenants, in cases where the building is shared.
(3) Steam pipes and radiators with which residents or staff may come in contact shall be shielded.
(4) All of the following fire hazards shall be eliminated, and 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 paint, varnishes, oils, etc.
(5) Smoking shall be prohibited in all bedrooms.
(6) All furnishings and finishes shall be of flame-retardant materials.
(c) Design and space requirements. (1) Single bedrooms shall be at least 100 square feet (exclusive of closets) and multiple-bedded rooms shall have at least 80 square feet per bed.
(i) No more than four persons shall share a bedroom.
(ii) Up to 10 percent of minimum square footage may be waived for cause in bedrooms housing one or two persons.
(2) There shall be a minimum of one toilet and one lavatory for each six residents and a minimum of one tub or shower for each eight residents or part thereof. If bathrooms do not allow individual private use, they shall be arranged for the private use of each sex separately.
(3) In addition to bedroom space, at least 45 square feet of space per bed shall be provided for living, dining, social and counseling activities, apportioned within at least two distinct areas in each community residence, except in supportive living facilities which shall use spaces as designed without regard to size.
(4) There shall be appropriate offices or work areas for staff sufficient to provide privacy and maintain confidentiality of records.
(5) Kitchen areas shall be appropriately designed and equipped for efficient sanitary preparation, storage and service of food. All food service facilities shall meet all applicable requirements of the local health department.
(d) Each bedroom shall be equipped with the following for each resident:
(1) a suitable, comfortable bed, regularly supplied with clean linen. Cots and bunk beds shall 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; and
(3) an individual clothes closet or wardrobe unit.
(e) Except as provided below, each building housing a community residence shall conform to the New York State Uniform Fire Prevention and Building Code (Title 9 NYCRR, hereinafter referred to as the Uniform Code), occupancy classification B1 multiple dwelling.
(1) Existing buildings conforming to previous code requirements for a B1 occupancy may be converted to community residence use without conformity to current code requirements, except that exiting shall conform to the Uniform Code and there shall be a complete fire- and smoke-detecting system. If planned renovation and reconstruction are so substantial that the Uniform Code requires conformity to current requirements, conformity will be required by the division.
(2) Living units of a supportive living facility which are located in one- or two-family dwellings may be located in premises which conform to the one- and two-family dwelling requirements of the Uniform Code (occupancy group A).
(f) Community residences operated in large (over 100 residents) residential buildings (such as hotels, apartment houses, etc.) shall also meet the following requirements:
(1) Total community residence occupancy shall not exceed 20 percent of the total occupancy of such a building.
(2) A halfway house or recovery home located in such a building shall occupy an identifiable continuous and contiguous portion of the building. More than one such community residence may be located in such a building, subject to the 20-percent limitation above.
(g) The certificate holder of a community residence shall be the owner or leaseholder of all space of the community residence, except that if the certificate holder is a proprietary entity, it shall be the owner of all space.
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