Header:
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
Date:
08/31/2009
Document:
ยง 491.10 Environmental standards
(a) In order to assure a safe, comfortable environment for residents, the operator must maintain the facility in a good state of repair and sanitation and in conformance with applicable State and local laws, regulations and ordinances. Shelters for adults must comply with all provisions of the New York State Uniform Fire Prevention and Building Code (9 NYCRR 600 et seq.) in localities where it applies.
(b) An operator seeking certification to operate a shelter or an operator of a certified facility planning renovation or remodeling shall:
(1) submit to the department, in duplicate, plans and specifications for construction, renovation or building addition; and
(2) proceed with implementation of such plans only after obtaining written approval of the department.
(c) Plans and specifications for construction, renovation or remodeling shall be in compliance with the regulations of the department and any applicable building construction and safety codes.
(d) A building newly constructed after January 1, 1981, for use as a shelter shall:
(1) if in New York City, be in compliance with the City Building and Fire Protection Codes for the J-1 occupancy group; and
(2) if elsewhere in the State, complies with the State Building Construction Code for the B-2 occupancy group.
(e) In an existing certified shelter or an existing structure renovated for use as a shelter after January 1, 1981:
(1) No resident shall occupy any portion of the third or higher floor in a building of frame construction or unprotected ordinary construction, as defined by the State Building Construction Code.
(2) No resident shall occupy any portion of the seventh or higher floor in a building of protected ordinary construction, as defined by the State Building Construction Code.
(f) Space in a shelter for adults shall be used exclusively for the purposes set forth in this Part. An operator may request prior permission, in writing, to utilize space for other activities. The operator must demonstrate that the proposed use is not incompatible to the shelter program and will not be detrimental to residents.
(g) Smoke and fire protection. (1) Supervised smoke detectors which are Underwriters Laboratories Inc. (UL) listed must be installed and located in accordance with manufacturers' specifications.
(2) In a facility with 40 beds or more, at least one of the fire protection systems shall be connected directly to the local fire department or a central station unless local fire officials refuse to establish such a connection. The operator must document such refusal.
(3) In a facility with less than 40 beds which has a fire protection system capable of being directly connected to the local fire department or a central station, at least one of the fire protection systems shall be so connected unless local fire officials refuse to establish such a connection. The operator must document such refusal.
(4) Smoke barriers of at least one hour fire rating must be installed between floors.
(5) There must be two means of egress from each floor designated for public or resident use.
(6) The required means of egress shall:
(i) be remote from one another;
(ii) open in the direction of exit travel;
(iii) be equipped with panic (quick-release) hardware;
(iv) be equipped with a self-closing device; and
(v) be freely accessible at all times.
(7) A fire escape may be approved as a second means of egress if there is free access to the exit and the use is approved by local fire and building officials.
(8) Fire extinguishers which meet National Fire Protection Association standards and which are appropriate for the type of fire which may occur at the site of installation shall be:
(i) placed at accessible locations on each floor and each wing;
(ii) wall-hung; and
(iii) properly charged and checked.
(9) Evacuation procedures which set forth emergency stations, the duties of all staff and residents, and directions for the rapid evacuation of the premises shall be posted in a conspicuous place on each floor and wing.
(10) The following are fire hazards and are prohibited:
(i) portable electric space heaters;
(ii) self-contained, fuel-burning space heaters;
(iii) accumulation of combustible materials in any part of the building; and
(iv) cooking appliances in resident's room.
(11) At least one staff member on duty during each shift shall be familiar with the fire alarm systems and procedures for resetting these systems.
(h) Electrical system. (1) Overcurrent protection devices must be maintained in safe operating condition, must not be locked or fastened in the "on" position and must be accessible.
(2) Electrical wiring and equipment must be grounded to provide protection against shock.
(i) Safety procedures. (1) Chain locks, hasps, bars, padlocks and similar devices cannot be used in any resident use area in a way that would inhibit access to an exit or the free movement of residents.
(2) Doors in residents' sleeping rooms may be secured by the resident provided such doors can be unlocked from the outside and keys are carried by attendants at all times.
(3) Residents must not have access to storage areas used for cleaning agents, bleaches, insecticides, or any other poisonous, dangerous or flammable materials unless necessary for work they are performing.
(4) Night lights must be provided and working in all hallways, stairways and bathrooms which are not private.
(5) A hallway or corridor must not be used for storage of equipment.
(j) Furnishings and equipment. (1) The operator shall provide furnishings and equipment which do not endanger resident health, safety and well-being and which support daily activities.
(2) All furnishings and equipment shall be durable, clean and appropriate to function.
(3) The operator shall furnish each resident with a bed, a minimum of 30 inches in width, substantially constructed, and in good repair which has:
(i) clean springs maintained in good condition;
(ii) a clean, comfortable and well-constructed mattress, standard in size for the bed; and
(iii) a clean and comfortable pillow of average bedsize.
(4) Each resident shall be supplied with:
(i) sheets;
(ii) a pillowcase;
(iii) at least one blanket;
(iv) towels;
(v) soap; and
(vi) toilet tissue.
(5) Bed linens, blankets and towels shall be:
(i) clean and washable;
(ii) free from rips and tears; and
(iii) available when changes are necessary.
(6) A complete change of bed linens and towels shall be provided to each resident at entry, at last once a week, and more often if needed.
(7) Sufficient numbers of noncombustible trash containers with covers shall be available.
(8) All operable windows must be equipped with screens and where necessary to provide privacy, with curtains or shades.
(9) Dining areas shall be furnished with dining tables and chairs appropriate to the size and function of the facility.
(10) Living rooms, sitting rooms, lounges and recreation areas shall be furnished with tables, chairs, lighting fixtures and other equipment appropriate to the size and function of the specific area and of the facility.
(k) If provided, laundry facilities shall be located in a clean, dry, well-lighted area.
(l) The operator shall maintain areas suitable for posting required notices, documents and other written materials in locations visible to, and accessible to, residents, staff and visitors.
(m) Housekeeping. (1) The operator shall maintain a clean and comfortable environment.
(2) All areas of the facility shall be free of:
(i) vermin;
(ii) rodents; and
(iii) trash.
(3) All areas of the facility, including, but not limited to, the floors, walls, windows, doors, ceilings, fixtures, equipment and furnishings shall be clean and free from odors.
(4) Blankets and pillows shall be laundered as often as necessary for cleanliness and freedom from odors.
(5) Adequate, properly maintained supplies and equipment for housekeeping functions shall be provided.
(n) Maintenance. (1) The operator of each facility shall insure the continued maintenance of the facility.
(2) The building and grounds shall be maintained in a clean, orderly condition and in good repair.
(3) All equipment and furnishings shall be maintained in a clean, orderly condition and in good working order.
(4) Electrical systems, including appliances, cords and switches shall be maintained in good working order.
(5) Entrances, exits, steps and outside walkways shall be kept free from ice, snow and other hazards.
(6) All inspection certificates required by State and local authorities for buildings, grounds and equipment shall be available for review.
(o) Space requirements for shelter for adults. (1) Every facility shall have space for dining and leisure activities.
(2) Space used for sleeping or for passage shall not be considered as dining or leisure space.
(3) Space provided for dining shall be at least 12 square feet per certified bed for the first 50 beds and 10 square feet for each additional bed.
(4) Space provided for leisure area shall be at least 12 square feet per bed.
(5) When not in use, dining space may be used, with prior written department approval as leisure space.
(6) An operator may make a written request for department approval of a waiver to reduce the square footage requirements for dining and leisure space. A waiver shall be granted only upon demonstration by the operator that the food service and the program needs of residents can be met.
(7) An operator providing social rehabilitation services shall have:
(i) space for residents to meet privately with staff of the shelter, visitors or external service providers; and
(ii) separate, private space for either mental health or health services providers, or both, with whom the operator has a cooperative or contractual service agreement.
(8) Bath and toilet facilities. (i) There shall be a minimum of one toilet and one lavatory for each 10 residents and a minimum of one tub or shower for each 15 residents.
(ii) All toilet and bathing areas shall be vented by means of natural or mechanical ventilation to the outside air.
(iii) All toilet and bathing areas shall be properly enclosed and separated from other areas by ceiling-high partitions and doors.
(9) Bedrooms. (i) In single occupancy sleeping rooms, a minimum of 80 square feet per resident shall be provided.
(ii) In sleeping rooms for two or more residents, a minimum of 60 square feet per resident shall be provided.
(iii) A minimum of three feet, which is included in the per resident minima, shall be maintained between beds and for aisles.
(iv) No more than 30 beds are permitted in a sleeping area.
(v) If partitions are used to subdivide sleeping areas within the same room, their minimum height shall be sufficient to afford individual privacy, approximately four feet.
(vi) Partitions separating sleeping rooms from other rooms shall be ceiling high and smoke-tight.
(vii) Bedrooms or sleeping areas must open directly into exit corridors.
(viii) A passageway or corridor may not be used as a bedroom.
(ix) Bedrooms shall have individual, lockable storage lockers for resident belongings. Each locker shall be large enough to accommodate winter clothing.
(10) Adequate storage space for cleaning supplies and equipment shall be provided.
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