N.Y. Comp. Codes R. & Regs. tit. 14 § 589.13

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

Section 589.13 - Premises

(a) The crisis residence shall be safe and suitable for the comfort and care of the recipients therein. The residence shall be maintained in a good state of repair and sanitation.

(b) Safety requirements.

The crisis residence shall meet the following requirements:

(1) A sufficient number of fire extinguishers, approved by the Underwriters Laboratories, or other nationally recognized testing laboratory in the United States, shall be installed in accessible places on each floor and in high-hazard areas. Fire extinguishers shall be tested and recharged in accordance with manufacturers' recommendations.

(2) Employees shall be trained in the use of firefighting equipment, and in the means of rapidly evacuating the building. Fire exit drills shall be held at least once per month and at varied times during the 24 hours. A written record of each drill shall be kept on file for a period of one year.

(3) All of the following fire hazards are prohibited:

(i) the use of kerosene for cooking or lighting;

(ii) rubber tubing used as connections for gas burners;

(iii) the accumulation of combustible material in attics, basements or other parts of the residence; and

(iv) unsafe storage of paints, varnishes, oils, and other combustible liquids.

(4) Each crisis residence shall have a smoke-detection system which meets the requirements of the most recent recognized edition of the National Fire Protection Association (NFPA) 101 Life Safety Code, applicable to noncoded systems, and the following:

(i) A smoke-detection unit shall be located in each stairway at each floor, in each bedroom, in each 1,000 square feet of unoccupied attic and basement space, in each high hazard area, and in each 40 feet or part thereof of corridor length.

(ii) Location of smoke-detection units shall be subject to Office of Mental Health approval.

(iii) The smoke-detection system or each independently operating unit shall be tested at least once each three-month period, and batteries in battery-operated units shall be replaced as necessary.

(iv) A complete system or individual units may be required depending on the construction, layout, occupancy and/or other factors associated with the building. Prior to the opening of a crisis residence, and the issuance of an operating certificate, a fire safety plan must be submitted to and approved by the Office of Mental Health.

(5) Each crisis residence shall provide carbon monoxide detectors, in accordance with the most recent edition of the Residential Code of New York State and the Fire Code of New York State, as applicable.

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

(ii) Carbon monoxide detectors shall be battery operated, plug-in type or hardwired, in accordance with applicable law.

(iii) Inspections and tests of carbon monoxide detectors shall be made in accordance with manufacturer's directions and specifications. Written documentation of such testing will be maintained for review.

(6) Residences must possess a valid certificate of occupancy or other documentation, which, has been determined by the Office of Mental Health to be the equivalent of a certificate of occupancy.

(7) Electric space heaters are allowed only with the explicit approval of the Office of Mental Health and with a description of the device in detail, including its safety features, potential hazards and proposed procedures for maintenance and operation.

(c) Design and space requirements.

(1) Single bedrooms shall be at least 90 square feet (exclusive of closets) and a multiple bedroom shall provide at least 75 square feet per recipient.

(i) No more than one adult shall occupy a bedroom.

(ii) No more than two children shall share a bedroom.

(iii) No bedroom shall be located below grade.

(iv) Up to 15 percent of minimum square footage may be waived for cause in bedrooms housing one recipient. Consideration will also be given to the amount of square footage per recipient in living, dining and recreational areas. Requests for such waivers must be outlined in the fire safety plan submitted to the Office of Mental Health.

(v) All bedrooms must receive natural light from an aggregate window area equal to at least 10 percent of the floor area of the bedroom and natural ventilation from ventilating openings having free openable area of at least five percent of the bedroom floor area. This requirement may be waived for cause.

(2) There shall be a minimum of one lavatory and one tub or shower for each five adult recipients or part thereof.

(3) There shall be a minimum of one lavatory for each five child recipients and a minimum of one tub or shower for each eight child recipients or part thereof.

(4) In addition to bedroom space, at least 55 square feet of space per recipient shall be provided for living, dining and recreational activities, apportioned within at least two distinct areas in each crisis residence unit.

(i) Dining rooms shall be equipped to provide for small group seating during meals.

(ii) Living rooms and/or recreation areas shall provide for small group socialization and recreation.

(d) Equipment shall include:

(1) suitable, comfortable, single beds and an adequate supply of clean linen. Cots must not be used. High hospital-type beds shall not be used except for physically handicapped persons requiring them; and

(2) a chair and storage facility for personal articles for each recipient.

(e) Crisis residences serving only persons capable of self-preservation operated in buildings without other occupancy shall follow requirements of National Fire Protection Association 101.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 589.13

Amended New York State Register June 26, 2019/Volume XLI, Issue 26, eff. 6/26/2019