N.Y. Comp. Codes R. & Regs. tit. 18 § 490.11

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

Section 490.11 - Environmental standards

(a) In order to provide 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.

(b) A person seeking certification to construct a new building or renovate an existing building for use an a residence for adults or an operator of a certified residence for adults who is planning renovation or remodeling must:

(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 must be in compliance with the regulations of the department and any applicable building construction and safety codes.

(d) After the effective date of this section, a building newly constructed or converted for use as a residence for adults, or an existing building rehabilitated or renovated for continued use as a residence for adults in which the cost of any alterations, additions, or repairs made within any six- month period exceeds 50 percent of the cost of the replacement of the building at the beginning of that six-month period must be in compliance with the State Uniform Fire Prevention and Building Code for B-1 occupancy requirements for community residences, and any additional requirements of this Part.

(e) In buildings subject to the B-1 classification, corridors may extend no more than 40 feet beyond an exit, or exit stairway. However, if the cost of any alterations, additions, or repairs exceeds 50 percent of the cost of the replacement of the building, exits must be located so that there are no dead end corridors extending more than 20 feet beyond an exit.

(f) In a residence for adults certified as an adult home or residence for adults before September 22, 1978, residents may continue to occupy any portion of the third or higher floor in a building of frame or unprotected ordinary construction, or any portion of the seventh or higher floor in a building of protected ordinary construction:

(1) only until a change of operator occurs; and

(2) prior to a change of operator, only if the residents are capable of self-directed, unassisted emergency evacuation.

(g) Smoke and fire protection.

(1) A supervised smoke detection system, which is listed by an acceptable testing laboratory, must be installed in the following locations:

(i) in each corridor, at least every 40 feet on center, or less if required by the manufacturer;

(ii) at the top of all stairways, elevators and hoistways and other unsealed shafts; and

(iii) in attics, basements and open floor areas designated for public or resident use, at least one detector for each 1,000 square feet of open or unpartitioned space; and

(iv) in the kitchen, a 135° (f) rate-of-rise thermal detector must be installed and connected to a working alarm.

(2) Notwithstanding paragraph (1) of this subdivision, an unsupervised smoke detection system may continue to be used in a facility certified by the State Board of Social Welfare or the Department of Social Services prior to September 22, 1978 if all components are audible throughout the building.

(3) Smoke detection alarms are required in all sleeping rooms.

(4) There must be at least one clearly marked, manual, audible pull box alarm on each occupied floor and wing.

(5) An automatic sprinkler system must be installed throughout all buildings of 25 or more beds.

(6) A building which is at least of noncombustible, protected construction and was certified as an adult home before September 22, 1978 does not need to have a sprinkler system installed.

(7) At least one of the required fire protection systems must be connected directly to the local fire department or a central station unless such a connection is not available. The operator must document that such connection is not available.

(8) Smoke barriers including smoke-stop doors of at least one hour fire resistive rating must be installed at the opening of any vertical shafts or stairways. In a stairway between two stories the barrier may be constructed either at the top or bottom of the stairway.

(9) Required smoke barriers, including smoke-stop doors, must be:

(i) smoke tight;

(ii) equipped with a self-closing device;

(iii) maintained in the closed position unless electro-magnetically or electronically connected to the smoke detection systems; and

(iv) open in the direction of exit.

(10) In a facility certified by the department after September 22, 1978, smoke stops are required in all corridors 100 feet long.

(11) There must be at least two means of egress from each floor designated for public or resident use.

(12) The required means of egress must:

(i) be remote from one another;

(ii) not pass through a bedroom or bathroom; and

(iii) not be obstructed at any time.

(13) Each required exit door must be:

(i) at least six feet, eight inches high;

(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.

(14) Any window within 10 feet of an exterior fire stairs must be protected with wire glass, explosion-proof plexiglass, or an exterior screen of 1/2-inch 28 gauge wire mesh.

(15) Illuminated exit signs must be installed at each required exit.

(16) When the exit is not visible, illuminated directional exit signs must be installed in all corridors to indicate the location of each means of egress.

(17) Emergency lighting which is listed by an acceptable testing laboratory and powered by battery or an automatic generator must be installed in all exit hallways, stairwells and public areas.

(18) 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 must be:

(i) placed at accessible locations on each floor and each wing;

(ii) wall hung; and

(iii) properly charged and checked.

(19) Evacuation procedures which set forth emergency stations, the duties of all staff and residents, and directions for the rapid evacuation of the premises must be posted in a conspicuous place on each floor and wing.

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

(i) smoking in other than designated areas;

(ii) portable electric space heaters;

(iii) self-contained, fuel-burning space heaters;

(iv) nonmetal containers for furnace ashes;

(v) accumulation of combustible materials in any part of the building;

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

(vii) cooking appliances in resident's room; and

(viii) overloaded electrical circuits.

(21) At least one staff member on duty during each shift must be familiar with the fire alarm systems and procedures for resetting these systems.

(h) Electrical systems.

(1) Electrical wiring and equipment must be maintained and protected to prevent them from becoming fire hazards or sources of ignition.

(2) Electrical wiring and equipment must be firmly secured to the surface on which they are mounted.

(3) Overcurrent protection devices must be maintained in safe operating condition, must not be locked or fastened in the "on" position and must be accessible.

(4) Electrical wiring and equipment must be grounded to provide protection against shock.

(5) Flexible cord must not be run through holes in walls, ceilings, or floors, through doorways, windows or similar openings; attached to building surfaces; or concealed behind or under walls, ceilings, floors or floor coverings.

(i) Safety procedures.

(1) Access to toilets or bathing areas must not be through another resident's bedroom.

(2) Access to resident bedrooms must not be through other bedrooms, bathrooms, or kitchens.

(3) Chainlocks, hasps, bars, padlocks and similar devices must not be used in any resident area in a way which would inhibit access to an exit or the free movement of residents.

(4) Doors in residents' sleeping rooms may be secured by the residents provided such doors can be unlocked from the outside and keys are carried by staff assigned to the floor or wing at all times.

(5) Residents may not have access to storage areas used for medications, cleaning agents, bleaches, insecticides, or any other poisonous, dangerous, or flammable materials.

(6) In a facility certified before October 1, 1978, signal bells, handbells, telephone or other systems audible to staff responsible for that floor or wing must be available for emergency communication between resident bedrooms and staff stations.

(7) In a facility initially certified after October 1, 1978, a centralized emergency call system must be installed. In a facility initially certified after the effective date of this section, the centralized call system must be installed in all resident bedrooms, toilet areas and bathing areas.

(8) Grab bars must be provided in bathtubs and showers.

(9) Bathtubs and showers must have nonslip protections.

(10) The floor area immediately adjacent to a shower or tub must have a nonslip surface or a nonslip mat.

(11) The water temperature at faucets for bathing, showering, and hand-washing must be capable of attaining a temperature of 95 degrees Fahrenheit (35 degrees Celsius) but must not attain a temperature in excess of 110 degrees Fahrenheit (43 degrees Celsius).

(12) Heating pipes and radiators with which residents may come in contact must be shielded to prevent burns.

(13) Illumination must be present at the entrance to each resident bedroom.

(14) In a facility certified after September 22, 1978, all rooms in resident-occupied areas including bedrooms, must have general lighting switches at the entrance to each room.

(15) Night lights must be provided and working in all hallways, stairways and bathrooms which are not private.

(16) A hallway or corridor must not be used for storage.

(17) Throw or scatter rugs must not be permitted unless equipped with a nonslip backing or secured to the floor.

(18) Polishes used on floors must provide a nonslip finish.

(j) Furnishings and equipment.

(1) The operator must provide furnishings and equipment which do not endanger resident health, safety, and well-being and which support daily activities and are appropriate to function.

(2) All resident areas must be decorated, painted, and appropriately furnished.

(3) All upholstery materials, carpets, and similar floor covering, installed on or after October 1, 1978 must be moisture- and soil-resistent, except for property of the resident.

(4) Each operator must furnish each resident with the following minimum bedroom equipment:

(i) a standard, single bed, well-constructed, in good repair, and equipped with:

(a) clean springs maintained in good condition;

(b) a clean, comfortable, well-constructed mattress, standard in size for the bed; and

(c) a clean, comfortable pillow of average bed size.

(ii) a chair;

(iii) a table;

(iv) a lamp;

(v) lockable storage facilities which cannot be removed at will for personal articles and medications;

(vi) an individual dresser and closet space for the storage of resident clothing; and

(vii) a hinged entry door.

(5) Rollaway beds, metal cots, or folding beds may not be used.

(6) Beds with side rails or beds in excess of 36 inches high may not be used.

(7) Each resident must be supplied with:

(i) two sheets;

(ii) a pillowcase;

(iii) at least one blanket;

(iv) a bedspread;

(v) towels and washcloths;

(vi) soap; and

(vii) toilet tissue.

(8) Bed linens, blankets, spreads and towels must be:

(i) clean and washable;

(ii) free from rips and tears; and

(iii) available when changes are necessary.

(9) A complete change of bed linens, towels and washcloths must be provided to each resident at entry, and at least once a week or more often if needed.

(10) The operator must maintain a bed linen inventory equal to at least double the average daily census of the facility.

(11) All windows in resident-occupied areas must be equipped with curtains, shades or blinds.

(12) All operable windows must be equipped with screens.

(13) Light fixtures must be protected to reduce glare.

(14) Dining areas must be furnished with dining tables and chairs appropriate to the size and function of the facility.

(15) Living rooms, sitting rooms, lounges and recreation areas must be furnished with tables, chairs, lighting fixtures and other equipment appropriate to the size and function of the specific area and of the facility.

(16) The food preparation and service area must be provided with sufficient and suitable space and equipment to maintain efficient and sanitary operation of all required functions, in compliance with the New York State Sanitary Code (10 NYCRR Part 14).

(k) Housekeeping.

(1) The operator must maintain a clean and comfortable environment.

(2) All areas of the facility must be free of vermin and rodents.

(3) All areas of the facility, including but not limited to the floors, walls, windows, doors, ceilings, fixtures, equipment and furnishings, must be clean and free of odors.

(4) Blankets, bedspreads, pillows and other furnishings must be laundered as often as necessary for cleanliness and freedom from odors.

(5) Operators must provide sufficient laundry facilities on-site to permit residents to launder their own personal washable clothing. If accommodation of all the residents' needs for laundering and drying facilities, machines, and supplies is not available on-premises or within a reasonable distance off- premises, the operator must provide evidence of such to the department and present a plan for assuming the responsibility for laundering the personal washable clothing of the residents at no charge to the residents. Such a plan must be approved by the department.

(l) Maintenance.

(1) The operator of each facility must ensure the continued maintenance of the facility.

(2) The building and grounds must be maintained in a clean, orderly condition and in good repair.

(3) All equipment and furnishings must be maintained in a clean, orderly condition and in good working order.

(4) Wall and ceiling coverings must be free of cracks or tears, peeling wallpaper or paint, and missing or cracked tiles.

(5) Floors and floor coverings must be free of cracks and missing or raised portions.

(6) Electrical systems, including appliances, cords, and switches, must be maintained in good working order.

(7) Plumbing and plumbing fixtures must be maintained in good working order.

(8) Ventilation, air conditioning, and air changing systems must be maintained in good working order.

(9) Heating systems must be maintained in good working order.

(10) The facility building, grounds, and other buildings on the premises must be kept free of breeding areas for flies, vermin, and rodents.

(11) Entrances, exits, steps and outside walkways must be kept free from ice, snow and other hazards.

(12) Windows and screens must be kept clean and in good repair.

(13) Sprinkler systems must be maintained in good repair and working order.

(14) Smoke and fire protection equipment, including fire extinguishers, must be maintained in accord with manufacturer's specifications.

(15) To ensure safe, proper operating conditions, the following systems and equipment must be inspected or tested by a service company at least once every 12 months or more frequently if required by local codes:

(i) smoke detection systems;

(ii) fire alarm systems;

(iii) sprinkler systems;

(iv) fire extinguishers;

(v) heating systems;

(vi) elevators; and

(vii) water supply, if other than a municipal system.

(16) All inspection certificates required by State or local authorities for buildings, grounds and equipment must be available for review.

(17) In a facility of 25 beds or more, certified after September 22, 1978, at least one janitor's closet is required and must be adequately ventilated to the outside and equipped with a water supply and a janitor's sink.

(m) Space requirements for residences for adults.

(1) Space in a facility must be used exclusively for the purposes set forth in this Part. An operator may request prior permission from the department, in writing, to utilize space for other activities. The operator must demonstrate that the proposed use is not incompatible with the program, will not be detrimental to residents and complies with applicable local codes. A request to use resident bedrooms for another purpose must include a request for an equal reduction in the certified capacity of the facility.

(2) Every facility must have space for dining and a separate space for leisure activities.

(3) Space used for administration, sleeping or passage must not be used for dining or leisure activities.

(4) Dining rooms and leisure areas must be available for use by residents at appropriate times to provide periods of social and individual and group recreational activities.

(5) Space provided for dining must be at least 15 square feet per certified bed.

(6) Space provided for leisure must be at least 20 square feet per certified bed.

(7) In a facility with 25 or more beds, leisure areas must not be confined to a single room.

(8) If an operator is unable to satisfy the requirements for dining and leisure space set forth in paragraph (2), (5) or (6) of this subdivision, the operator may make a written request to the department for an exception. At a minimum, the operator is required to provide at least 12 square feet per certified bed for dining, and 15 square feet per certified bed for leisure. Actual space requirements will be conditioned by physical layout and subject to on-site review and written department approval.

(9) Space must be provided for administrative activities and records.

(10) Space must be provided for storage of equipment and supplies.

(11) The operator must maintain areas suitable for posting required notice documents and other written materials in public locations visible to, and accessible to, residents, staff and visitors.

(12) The operator must provide space for residents to meet privately with staff of the facility, visitors or other service providers.

(13) Baths and toilet facilities.

(i) There must be a minimum of one toilet and one lavatory for each six residents and a minimum of one tub or shower for each 10 residents.

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

(iii) All toilet and bathing areas must be adequately lighted.

(iv) All toilet and bathing areas must be properly enclosed and separated by ceiling high partitions and doors.

(14) Bedrooms.

(i) All bedrooms must be:

(a) above grade level;

(b) adequately lighted;

(c) adequately ventilated; and

(d) lockable by the resident via an appropriate locking mechanism, with only the resident and appropriate staff having access.

(ii) Light and ventilation for bedrooms must be by means of windows in an outside wall.

(iii) Bedrooms must open directly into the route of egress.

(iv) Bedrooms may not be used as a passageway, corridor or access to other bedrooms.

(v) In a facility certified after September 22, 1978, bedrooms must be limited to single or double occupancy.

(vi) Single bedrooms must have a minimum floor area of 100 square feet exclusive of foyer, wardrobe, closets, lockers, toilet rooms, and bathrooms.

(vii) Double bedrooms must have a minimum floor area of 160 square feet exclusive of foyer, wardrobe, closets, lockers, toilet rooms, and bathrooms.

(viii) Notwithstanding subparagraph (vi) of this paragraph, any single bedroom in use and approved by the department or the Board of Social Welfare as of September 22, 1978, which provides a minimum of 85 square feet, exclusive of entrance way and closet space and equipped as required by subdivision (j)(4) of this Part may continue to be used.

(ix) Notwithstanding subparagraph (vii) of this paragraph any double bedroom in use and approved by the department or the Board of Social Welfare as of September 22, 1978, which provides a minimum of 70 square feet per resident, exclusive of entrance way and closet, provides a minimum of three feet between beds and equipped as required by subdivision (j)(4) of this Part, may continue to be used.

(x) Not more than two residents may share a bedroom; however, if a bedroom was used for more than two residents as of September 22, 1978, and such use was approved by the department or the Board of Social Welfare, such bedroom may continue to be used under the conditions set forth in subparagraph (ix) of this paragraph.

(15) All facilities must have at least one telephone available for outside calls for every 40 residents or portion thereof. The operator may impose equivalent charges for use.

(n) Heating.

(1) The facility must have a permanently installed heating system capable of maintaining required temperatures.

(2) When the outside temperature is 65° F (18° C) or less, the inside temperature in resident bedrooms and common areas must be, at a minimum, 68° F (20° C).

(3) When the outaide temperature exceeds 85° F (30° C) the operator must:

(i) take measures to maintain a comfortable environment;

(ii) monitor resident exposure and reactions to heat;

(iii) arrange for health care, if needed; and

(iv) arrange for the temporary relocation of residents, if needed.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 490.11

Amended New York State Register November 15, 2023/Volume XLV, Issue 46, eff. 11/15/2023