N.Y. Comp. Codes R. & Regs. tit. 14 § 585.7

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

Section 585.7 - Safety standards for family care homes

(a) These standards provide a minimum level of safety for family care homes. Written waivers to requirements may be granted by the office when the commissioner has reasonable assurance that an equivalent compensatory alternative is utilized to maintain a minimal level of safety.

(b) Residents with physical or developmental disabilities. 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 current recognized edition of the Residential Code of New York State, the Property Maintenance Code of New York State, and the Fire Code of New York State.

(2) Family care homes that are residential occupancies, other than one- or two-family dwellings, shall comply with the current recognized edition of the Building Code of New York State, the Property Maintenance Code of New York State and the Fire Code of New York State.

(3) Family care homes that are located in New York City shall comply with the current recognized edition of the New York City Administrative Code for building code and housing maintenance code.

(4) Information on obtaining the codes is available from the New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

(d) Additional requirements. All family care homes shall also comply with the following requirements:

(1) Smoke detection.

(i) Equipment requirements.

(a) Family care homes must utilize smoke-detecting, single-station alarm devices, which shall mean 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. Such devices must 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 must 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.

(ii) Location requirements.

(a) One smoke-detecting alarm device shall be located in each bedroom.

(b) 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.

(c) At least one additional device shall be 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.

(d) Any family care home with its own basement shall have a device located at the head of the basement stairs.

(e) The final locations of the devices shall be subject to office approval.

(iii) Maintenance requirements. Each device shall be tested at least once during each three month period, or per manufacturer's recommendations. Written documentation of such testing shall be maintained by the family care provider.

(2) Fire extinguishers. The family care provider shall facilitate and ensure the installation and maintenance of at least one class ABC, size 2A-10 B:C fire extinguisher in or near the kitchen area of each family care home that it operates. Additional fire extinguishers may be required by the commissioner when warranted by special conditions.

(3) Fire hazards. The use of portable unvented fuel-fired space heaters is prohibited in family care homes. The commissioner may approve the use of portable electric space heaters under certain conditions. The use of oil or kerosene fueled lighting or any other known fire hazard identified by the commissioner is prohibited in family care homes. Fixed fuel burning space heaters, fireplaces and wood burning stoves shall be properly installed and be cleaned and inspected annually prior to the start of the heating season by a trained technician. These heating devices cannot take the place of fixed heating systems required by New York State Building Code or New York City Building Code. Prior to the use of these devices, the homeowner must notify his/her insurance company of the use of these systems within the home.

(4) Fire safety plan.

(i) A fire evacuation plan must be developed and implemented to facilitate safe evacuation of the family care home in the event of a fire situation. The rehearsal of the plan should include all residents and all persons living in a family care home. This plan must be rehearsed at least 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) Carbon monoxide detectors.

(i) Carbon monoxide detectors shall be installed in all family care homes as per the Residential Code of New York State, the Fire Code of New York State, subdivision 5-a of section 378 of the New York Executive Law (Amanda's Law) and Local Law No. 7 for residences in New York City as applicable.

(ii) In accordance with applicable law, such detectors shall be battery operated, plug in type or hardwired.

(iii) Carbon monoxide detectors shall be installed in locations as required by applicable law and according to manufacturer's directions/specifications.

(iv) Such detectors shall be inspected and tested per the manufacturer's directions/specifications. Written documentation of such testing shall be maintained by the family care provider.

(6) Door sizes. Doors from residents' sleeping rooms shall be at least 28 inches wide and all hall and corridor doors shall be at least 30 inches wide. Required exterior exit doors shall be at least 36 inches wide.

(7) Environmental requirements.

(i) Functioning night lights equivalent to at least the illumination of a 11/2 watts incandescent light bulb shall be utilized 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 code-compliant exits, seven feet six inches ceilings for habitable space, windows and a completely finished interior.

(iii) All resident occupied rooms shall have operable windows with insect window screens.

(8) Housekeeping requirements.

(i) The family care provider must ensure that the dwelling unit and the grounds are clean, well maintained, and a safe living environment. The dwelling unit shall be kept free of hazardous physical conditions such as, but not limited to, warped or damaged floors, loose or worn floor coverings, cracked plaster, loose tiles, broken windows, damaged or worn stair treads, loose handrails, exposed wiring, etc. The dwelling shall be maintained free of dampness, odors and vermin.

(ii) The indiscriminate use of extension cords and over-loading of convenience outlets (wall plugs) is prohibited. Wiring with frayed or cracked insulation shall be replaced.

(iii) All dangerous household products, flammable liquids and chemicals shall be stored in a safe area.

(iv) The accumulation of highly combustible material in closets, attics, basements, garages or other parts of the dwelling unit is prohibited.

(v) Trash and garbage shall be kept in plastic or metal containers with properly fitted covers and disposed of on a regular basis.

(9) Prohibition of firearms in family care homes.

(i) Family care providers and all persons living in a family care home shall not bring or possess a firearm or ammunition on the grounds of a certified family care home unless a written exception has been granted by the program sponsor.

(ii) The program sponsor may make a determination to grant an exception to a family care provider or person living in a family care home:

(a) to possess a shotgun, rifle, or other ammunition for the purpose of hunting, target shooting, or gun collection;

(b) to possess a handgun in the circumstances where an individual is required to possess a handgun by virtue of his/her status as an active member of law enforcement or governmental agency; or

(c) to possess a handgun as part of a collection, provided that the firing mechanism has been removed.

(iii) Requests for exceptions to the prohibition on possession of firearms must be made on forms and/or in a format prescribed by the office.

(iv) Police Officers in performance of their official duties are exempt from this firearm prohibition.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 585.7