N.Y. Comp. Codes R. & Regs. tit. 14 § 77.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 77.9 - Design and space requirements-residential schools for the retarded

(a) Bedrooms shall provide at least 80 square feet per resident in multiple sleeping rooms and not less than 100 square feet in single rooms.

(1) The maximum number of beds in any room shall be four.

(2) In existing facilities, up to 15 percent of the required 80 and 100 square feet may be waived by the commissioner for cause based on such factors as out-of-bedroom space available, program schedules, and others indicating reduced need for bedroom space.

(b) Each resident bedroom shall be at or above grade and shall be an outside room.

(c) Each resident bedroom shall have a door which shall not permit observation without being opened.

(d) Walls or partitions defining each bedroom shall extend from floor to ceiling.

(e) Each resident shall be provided with:

(1) A separate non-institutional bed of proper size and height for the convenience and comfort of the resident; and,

(2) A clean comfortable mattress; and,

(3) Bedding appropriate for season and climate; and

(4) Individual non-institutional furniture including but not limited to a chest of drawers, a table or desk and chair, and a closet or a wardrobe unit combining any or all of the above; and

(5) An individual space for storage of personal possessions and playthings.

(f) Bathrooms shall be provided in living units in accordance with the following:

(1) A water closet, lavatory and tub or shower shall be provided for each six residents. No bathroom shall include more than two water closets, two lavatories and two tubs and/or showers.

(2) Bathrooms shall be located for the convenience and accessibility of the residents served.

(3) Bathrooms shall be designed and equipped to ensure appropriate privacy of users and adapted to training in self-toileting, as appropriate.

(g) Space for staff shall be provided in living units in amount and location as required by the program and characteristics of residents. Each separate building wherein residents sleep shall have at least one such office or work area.

(h) Some living units shall be modified for use by the physically handicapped as required by the intended or anticipated number of such residents.

(i) Lounge, communal living or other non-programmed space shall be provided in living units.

(1) Such spaces shall be provided in sufficient numbers for use by no more than 12 residents.

(2) Such spaces shall be adjacent to and accessible from the bedrooms of the residents who use them.

(3) Such space shall be provided at the rate of 20 square feet per resident.

(4) Such spaces shall be for the leisure time use of residents and shall not be considered in determining compliance with program space requirements.

(j) The facility shall provide space of sufficient size and appropriately designed and equipped for planned organized program activities.

(1) Classrooms for the provision of educational services shall be provided at the rate of 50 square feet per resident of school age (five-21).

(2) Space for the provision of services to adults such as vocational rehabilitation and social rehabilitation shall be appropriately designed and equipped for such purposes and be provided at the rate of at least 50 square feet per adult (21 or older) resident.

(3) Space for educational and vocational services may be distributed in alternative ways based on differing program goals as justified in the site and space utilization plan and program policies.

(4) Spaces for special services such as physical therapy and speech and hearing therapy shall be designed and equipped as required by the services to be provided and used for those services only.

(5) Separate space appropriately designed and equipped shall be available for organized indoor therapeutic recreation activities at the rate of at least 20 square feet per resident.

(6) Bathrooms including water closets and lavatories shall be provided near program areas in a ratio of each of these fixtures of one for each 12 residents.

(7) There shall be at least one appropriately designed and furnished area for examination and treatment of physical illnesses of and injuries to residents.

(8) Spaces shall be available for individual counseling and assistance to residents and their families. Staff offices may be used for this purpose if appropriate.

(9) Program space may be provided off the site of the facility as appropriate. Use of such space shall be completely described and justified in the program policies and site and space utilization plan.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 77.9