Document Citation: 18 NYCRR 455.9

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 455

Date:
08/31/2009

Document:

ยง 455.9 Environmental standards for safe dwellings

(a) Each domestic violence safe dwelling approved by a domestic violence sponsoring agency must be maintained in a state of good repair and sanitation, be free of safety hazards and be in substantial compliance with all applicable local and State health and safety laws. In addition, safe dwellings must be of sufficient size to provide adequate living accommodations for the residents, must be suitably furnished and equipped, must maintain the temperature in the safe dwellings at a comfortable level, and must assure that all rooms are adequately lighted and ventilated.

(b) Sleeping areas. (1) Sleeping areas must be separate and distinct from other living areas and must have adequate heat, light and ventilation.

(2) Sleeping areas must be equipped with a bed for each resident and with clean and suitable bedding. Cribs which meet Federal standards must be provided for infants.

(c) Supplies. (1) Each resident must be supplied with adequate personal hygiene articles and, where needed, diapers for children.

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

(d) Bathing facilities. (1) There must be at a minimum one sink, toilet and bathtub or shower per domestic violence safe dwelling.

(2) Each resident must be provided with toilet articles such as towels and washcloths.

(3) Bathrooms must be cleaned, sanitized with disinfectant, and maintained regularly to ensure cleanliness and sanitation.

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

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

(e) Living area. A lounging and recreation area must be provided to serve the recreational and social needs of the residents.

(f) A dining area must be provided with adequate space and furnishings to serve all the residents.

(g) Kitchens, sanitation and sanitary procedure. (1) 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.

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

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

(4) Residents, volunteers and employees participating in the handling and preparation of food for consumption by the residents must be in good health, take proper sanitary precautions, and wash hands prior to engaging in such activity.

(5) All lavatories, sleeping areas, recreational areas, hallways and other living areas must be kept clean and sanitary. Domestic violence safe dwellings must conspicuously post the procedures for cleaning and maintaining the entire domestic violence safe dwelling. An employee of the domestic violence sponsoring agency must be responsible for assuring that the procedures contained in this subdivision are implemented.

(h) Safety procedures. (1) Prescription medicines and dangerous drugs must be kept by residents or any onsite staff in a secure place so as not to be accessible to children or other adult residents.

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

(3) Children must 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.

(4) No hazardous condition must be permitted to exist in any part of the safe dwelling. The following requirements must be complied with in order to eliminate hazardous conditions:

(i) hallways and corridors must not be used for storage of equipment or trash;

(ii) stairways must have sturdy and securely fastened handrails; and

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

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

(1) Each safe dwelling must be equipped with a smoke detector.

(2) Each safe dwelling 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. Onsite staff must be knowledgeable and trained in the use of the fire extinguisher. Upon arrival to a safe dwelling, all new adult residents must be trained in the use of the fire extinguisher.

(3) Building exits must be clearly marked and free of obstructions at all times.

(4) Smoking must not be permitted in sleeping areas.

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

(i) portable space heaters of any type;

(ii) nonmetal containers which contain residue from solid fuel burning appliances;

(iii) accumulation of combustible materials in any part of the safe dwelling;

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

(v) cooking appliances in resident bedrooms; and

(vi) overloaded electrical circuits.

(j) A telephone with emergency telephone numbers for fire, police and medical assistance posted nearby must be made available to residents. Domestic violence safe dwellings that do not have an onsite employee or volunteer must include on this list of emergency numbers the telephone number of the person on call specified in section 455.7(b)(3) of this Part.

(k) Each domestic violence safe dwelling must have disaster and emergency procedures to be followed in the event of an emergency or disaster such as a fire or a flood, or power failure which must be explained to new residents prior to the placement of the residents in the safe dwelling. Such procedures must include a plan for emergency medical care in order for residents to obtain emergency medical assistance on a 24-hour basis. Emergency procedures outlining the method and manner in which residents are to evacuate the domestic violence safe dwelling in the event of fire and other emergencies must be conspicuously posted on each floor of the domestic violence safe dwelling.