Document Citation: 18 NYCRR 453.8

Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 18. DEPARTMENT OF SOCIAL SERVICES
CHAPTER II. REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES
SUBCHAPTER C. SOCIAL SERVICES
ARTICLE 4. RESIDENTIAL PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE
PART 453

Date:
08/31/2009

Document:

ยง 453.8 Environmental standards

(a) Each facility must be in conformance with applicable State and local laws, regulations and ordinances relating to health, sanitation, fire safety, and building construction standards. Each program must submit evidence of local inspection and approval with respect to all standards specified in this subdivision.

(b) Each facility must demonstrate compliance with the following requirements:

(1) General requirements. (i) Each facility must be maintained in a good state of repair and sanitation and must be free of safety hazards.

(ii) All areas of the facility, including exits which are accessible to residents, must be well-lighted.

(iii) A multistory combustible dwelling must have a minimum of one exit stairway from each floor above the first floor and at least one additional alternate, safe means of emergency egress from each floor above the first floor.

(iv) All lavatories, sleeping areas, recreational areas, hallways and other living areas must be kept clean and sanitary. Procedures must be established and implemented for the cleaning and maintenance of the entire facility.

(v) Heating systems must be maintained in good working order.

(2) Sleeping rooms. (i) Sleeping rooms must be separate and distinct from other living areas.

(ii) Sleeping rooms must be adequately lighted and ventilated.

(iii) Multiresident or dormitory-type sleeping rooms will be acceptable provided the following minimum requirements are met:

(a) natural light and ventilation must be available in each sleeping area in accordance with generally accepted standards and State and local codes; and

(b) adequate accommodations must be made for the storage of personal belongings and clothing.

(3) Bathing facilities. (i) There must be at least one sink and one toilet for every 10 residents.

(ii) There must be at least one bathtub or shower for every 10 residents.

(iii) Bathrooms must be cleaned, sanitized with disinfectant and maintained daily and more often if necessary to ensure cleanliness and sanitation.

(iv) All toilet and bathing areas must be vented by means of natural or mechanical ventilation to the outside air.

(v) All bathtubs and showers must have a nonskid surface.

(vi) Bathing and toilet facilities must be located within the residential program and must be in good working order with hot and cold water available 24 hours a day. If a program provides temporary shelter to the physically handicapped, toilet and bathing facilities must be handicapped accessible.

(4) Living areas. Lounging and recreation areas must be provided to serve the recreational and social needs of the residents.

(5) Dining facilities must be provided with adequate space and furnishings to serve all the residents.

(6) Child services and recreation areas. Facilities must designate an area exclusive of living and dining areas for the purposes of children services and recreation.

(7) Kitchens, sanitation and sanitary procedure. (i) All kitchens or food preparation areas must be adequately lighted, ventilated, and provided with essential and proper equipment for food storage, refrigeration, freezing, preparation and serving for the number of residents to be served.

(ii) All kitchen equipment and surroundings must be kept clean, and garbage and trash must be kept in suitable covered containers and removed daily.

(iii) Dishes, glassware, eating and cooking utensils and food containers must be properly washed and dried.

(iv) Staff members hired for the specific purpose of food preparation and handling must meet all State and local health requirements. Residents and staff members participating in the handling and preparation of food for consumption by the resident community must be in good health, take proper sanitary precautions, and wash hands prior to engaging in such activity.

(v) The food service areas must be provided with sufficient and suitable space and equipment to maintain efficient and sanitary operation of all required functions, in compliance with Part 14 of the New York State Sanitary Code (Title 10 NYCRR). In addition, all other State, county, and local health and fire department regulations relating to kitchen operations for fire protection, safety, sanitation and health must be complied with.

(8) Furnishings and equipment. (i) The facility must provide furnishings and equipment, including toys, which do not endanger resident health, safety and welfare and which support daily activities.

(ii) All furnishings and equipment must be durable, clean and appropriate to the residential program.

(iii) The facility must furnish each resident, whether an adult or child, with a clean bed (or cribs for infants), a minimum of 27 inches in width, solidly constructed, and in good repair which has a clean, comfortable and well-constructed mattress, standard in size for the bed and a clean and comfortable pillow of standard size.

(iv) Each resident must be supplied with adequate personal hygiene articles and, where needed, diapers for children.

(v) Bed linens, blankets and towels must be available, clean and in good condition.

(vi) All operable windows must be equipped with screens and guards or locks. All windows in sleeping areas must have shades or other appropriate window coverings to ensure privacy.

(vii) All electrical outlets accessible to children must be adequately protected.

(viii) Dining areas must be furnished with dining tables and chairs appropriate to the size and function of the facility.

(ix) Living rooms, sitting rooms, lounges and recreation areas must be furnished with tables, chairs, lighting fixtures and other equipment appropriate to the size and function of the specific area and of the facility.

(x) The facility must maintain areas suitable for posting required notices, documents and other written materials in locations visible and accessible to residents, staff and visitors.

(xi) A secured area or container must be maintained by each facility to secure valuable personal belongings of any residents requesting such security.

(9) Safety procedures. (i) Prescription medicines and dangerous drugs must be kept by residents or staff in a secure place so as not to be accessible to children or other adult residents.

(ii) Containers of chemical cleaning agents and other toxic material must be labeled, stored and secured in places out of reach of children.

(iii) Hallways and corridors may not be used for storage of equipment or trash.

(iv) Sidewalks, fire escape routes, and entrances must be kept free of any hazards, including ice, snow and debris.

(v) Stairways must have sturdy and securely fastened handrails.

(vi) Radiators with heating pipes which could cause burns must be shielded.

(vii) All electrical cords and plugs must be in good condition with no exposed or frayed wiring.

(viii) Children may not be permitted to operate any power equipment or electrical appliances except under the close supervision of a responsible staff member or the children's parents.

(10) Fire safety procedures. Suitable precautions must be taken to eliminate all conditions which may contribute to or create a fire.

(i) Except in facilities where a stricter standard is required by State or local code requirement, each facility must be equipped with at least one battery operated smoke detector located on each corridor ceiling adjacent to a sleeping area.

(ii) Each facility must be equipped with an ABC rated fire extinguisher in the kitchen which meets National Fire Protection Association standards. The extinguisher must be properly installed, charged and maintained. Staff and volunteers must be knowledgeable and trained in the use of the fire extinguisher.

(iii) Building exits must be clearly marked and free from obstructions at all times.

(iv) The following are fire hazards and are prohibited:

(a) smoking in other than designated areas;

(b) portable space heaters of any type;

(c) non metal containers which contain residue from solid fuel burning appliances;

(d) accumulation of combustible materials in any part of the building;

(e) storage of flammable or combustible liquids in anything other than closed containers listed by an accepted testing laboratory;

(f) cooking appliances in resident bedrooms; and

(g) overloaded electrical circuits.

(11) A telephone with emergency telephone numbers for fire, police and medical assistance posted nearby must be made available to residents.