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NEW YORK CODES, RULES AND REGULATIONS
TITLE 14. DEPARTMENT OF MENTAL HYGIENE
CHAPTER IV. REGULATION AND QUALITY CONTROL
SUBCHAPTER D. OPERATION OF FACILITIES
PART 87. STANDARDS FOR FAMILY CARE HOMES
Date:
08/31/2009
Document:
ยง 87.9 Safety standards for family care homes
(a) Introduction. These standards are intended to provide a minimum level of safety for family care homes. Written waivers to requirements may be granted by the department when the commissioner has reasonable assurance that an equivalent compensatory alternative is utilized to maintain a minimal level of safety.
(b) Handicapped residents. Requirements for residents who are non-ambulatory, deaf, blind or incapable of self preservation under emergency conditions shall be determined on an individual case basis.
(c) Codes. (1) Family care homes that are one- or two-family dwellings shall comply with the Residential Code of New York State and the Property Maintenance Code of New York State (19 NYCRR Chapter XXXIII, Subchapter A, Parts 1220 and 1226).
(2) Family care homes that are residential occupancies, other than one- or two-family dwellings, shall comply with the Building Code of New York State and the Property Maintenance Code of New York State (19 NYCRR Chapter XXXIII, Subchapter A, Parts 1221 and 1226.
(3) Information on obtaining the codes is available from the New York State Department of State, 41 State Street, Albany, New York 12207.
(d) Additional requirements. All family care homes shall also comply with the following requirements:
(1) Smoke detection. (i) Smoke-detecting alarm device, single-station means an assembly comprised of photoelectric or ionization type of smoke detector, control equipment and audible alarm in one unit, which upon detection of smoke, activates the alarm.
(ii) Equipment requirements. (a) Single-station, smoke-detecting alarm devices shall be designed and installed so as to avoid dead air space, detect smoke and activate the alarm, be reasonably free from false alarm and provide visible indication that the alarm is energized.
(b) The alarm be clearly audible in adjacent sleeping spaces with intervening doors closed.
(c) All devices and wiring shall be UL approved.
(d) If the device is a plug-in unit or directly wired there shall be no intervening wall switch.
(iii) Location requirements. (a) At least one single-station smoke-detecting alarm device shall be provided adjacent to sleeping spaces and shall be located on or near the ceiling.
(b) At least one additional device shall he provided some distance from the sleeping spaces and toward the living quarters but not in the kitchen nor near any corners. In a two-story home this device shall be close to the stairway leading to the second floor sleeping quarters.
(c) Any family care home with its own basement shall have a device located at the head of the basement stairs.
(d) The final locations of the devices shall he subject to department approval.
(iv) Maintenance requirements. Each device shall be tested at least once during each three month period.
(2) Fire extinguishers. The family care provider shall install and maintain at least one Class ABC, size 2A-10 B:C fire extinguisher in or near the kitchen area. Additional fire extinguishers may be required by the department when warranted by special conditions.
(3) Fire hazards. The following fire hazards are prohibited in family care homes:
(i) space heaters, or
(ii) the use of kerosene for heating or lighting.
(4) Fire safety plan.
(i) Fire evacuation plan should be developed and implemented to reduce anxiety and panic during a fire situation. The rehearsal of the plan should include all residents and also the family members. This plan should be rehearsed quarterly and a written record kept. If necessary, the fire safety officer will be available to help devise and implement an evacuation plan.
(ii) The phone numbers of the local police and fire departments shall be posted near every telephone in the family care home.
(5) Door sizes. Doors from residents' sleeping rooms shall be at least 28 inches wide and all hall, corridor and exterior exit doors shall be at least 30 inches wide.
(6) Environmental requirements.
(i) Night lights of 1-1/2 watts minimum shall be provided in all hallways and bathrooms adjacent to sleeping areas.
(ii) No resident sleeping area will be permitted in an attic space or any area above the second floor which does not have two exits, 7 feet 6 inches ceilings for habitable space, windows and a completely finished interior.
(iii) All resident occupied rooms shall have insect window screens.
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