N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.6

Current through Register Vol. 46, No. 53, December 31, 2024

Section 180-3.6 - Physical Plant Requirements

(a) Physical Plant Requirements. A specialized secure detention facility shall be designed in such a manner as to promote a pleasant, comfortable and secure atmosphere for youth.

(b) The facility shall be designed to minimize the risk of suicide and self-harm, and with the following minimum design and security requirements for required spaces:

(1) Office and Reception Facilities. A specialized secure detention facility shall provide:

(i) onsite office space adequate to permit the efficient, businesslike operation of the program and related services, and for private interviews, consultations and conferences. Space and equipment shall be provided for the safekeeping and privacy of essential records and the temporary storage of the youth's personal belongings;

(ii) reception space for the orderly intake, orientation and release of youth and for visitors to youth; and

(iii) a public lobby or waiting area should be separate and secure from the operation of the facility.

(2) Dining Rooms. Dining rooms shall be adequate to serve the youth under care. A minimum of 15 square feet of floor space per person, to accommodate the planned seating capacity, shall be provided.

(3) Kitchen, Food Storage, Storerooms, Pantries.

(i) Compliance with health and safety regulations. A specialized secure detention facility shall comply with all requirements relating to kitchen operations and food handling and storage, fire protection, safety, sanitation and health, as set forth by the state, and county or local health and fire departments.

(4) Laundry. When a laundry is maintained within the premises of a specialized secure detention facility, adequate and secure space for soiled clothing storage, clean laundry storage and laundry supply storage shall be provided. Laundry equipment should be rated, sized, and of sufficient quantities to meet the facility's needs.

(5) Sanitation.

(i) Compliance with state and local requirements. A specialized secure detention facility shall be inspected annually by local sanitation and health officials to ensure compliance with all applicable laws and regulations. The results of each inspection shall be recorded in writing, together with a summary of any action taken to address any deficiencies, and maintained on file at the facility. There shall be documentation that deficiencies have been corrected. Such inspections conducted pursuant to this subdivision shall be designed to require compliance with the requirements of this Subpart and with the applicable provisions of the state's sanitary code, set forth in Chapter I of Title 10 NYCRR.

(ii) Water supply and sewage facilities. Adequate and safe water supply and sewage facilities shall be provided and shall comply with all applicable state and local laws.

(iii) Cleaning materials and implements shall be inventoried. Cleaning materials shall be properly labeled. Cleaning materials and implements shall be maintained in a locked secure cabinet to prevent unauthorized access by youth.

(6) Heating, Cooling, Plumbing, Electrical, Mechanical Ventilation Systems and Equipment.

(i) Heating, cooling, plumbing, electrical, mechanical ventilation systems and equipment shall be maintained in a good, safe, sanitary, and serviceable condition and in compliance with all applicable requirements related thereto.

(ii) Heating, cooling and ventilation systems should be designed and maintained to control odors and provide temperatures within a comfortable zone.

(7) Emergency/Back-Up Power.

Emergency or back-up power equipment shall be provided for purposes of maintaining essential operations, security and safety in the event of loss of the normal power supply. Emergency power shall have automatic switchover capability and supply sufficient electricity for heating and ventilation systems, as well as including, but not limited to providing power for entrance lights, exit signs, lighting, fire alarm, refrigeration, and any electrically-operated locks or electronic monitoring systems.

(8) Sleeping Accommodations.

(i) There shall be only single rooms. Single sleeping rooms for youth shall contain not less than 70 square feet of floor area and shall have a minimum horizontal dimension of seven feet. Walls shall be at least seven feet in height. All walls shall be reinforced with such materials as approved by OCFS to discourage breakage. A specialized secure detention facility that does not have reinforced walls in youth rooms shall submit a plan to OCFS for approval for constructing reinforced walls. For any new construction or substantial remodeling of existing facilities, all youth room walls shall be constructed of durable materials and reinforced, as approved by OCFS.

(ii) Youth's sleeping accommodations shall not be permitted in spaces where the floor is located below ground level or where natural light and ventilation is lacking.

(iii) A specialized secure detention facility shall provide youth with a bed properly equipped, and with sufficient and conveniently located clothing storage space for their own private use. Mattresses shall be constructed of fire-retardant material. When issued, mattress covers should be constructed of materials both water-resistant and easily sanitized. Mattresses must be of firm quality and replaced when necessary to maintain adequate support and comfort.

(iv) Bedding shall be changed once a week and more often when necessary. Youth' beds shall be equipped with waterproof materials when necessary. Blankets shall be provided and washed as needed.

(9) Bathing and Toilet Facilities.

(i) Number of toilets, showers and sinks for multiple use. Toilets, showers, and sinks shall be convenient to youth's sleeping quarters when rooms are not individually equipped with toilets, showers or sinks. There shall be a minimum of one toilet and one sink to serve every six youth, and one tub or shower to serve every eight youth.

(ii) Number of toilets, showers and sinks for single use. Bedrooms equipped with toilets, showers, or sinks shall have appropriately located floor drains and shall have shutoff valves, exterior to the bedrooms and conveniently accessible, for supply and drainage pipelines.

(iii) Toilets, sinks, and sanitary drinking fountains shall be provided convenient to all indoor and outdoor program areas so that toilets and drinking water are accessible to youth.

(iv) All toilets shall be functioning and separated by screening or partitions on all sides for privacy. There shall be no communal showers. Privacy screening or partitions for all shower sides must be provided where youth may shower at the same time. All sinks and showers shall provide hot and cold or tempered water.

(v) For any construction or substantial remodeling of existing facilities, toilets and sinks shall be designed and constructed of materials of such durability and strength to minimize breakage or removal. There shall be no communal showers authorized in any construction or substantial remodeling of existing facilities. All plumbing fixtures shall be designed to discourage fixation of ligatures.

(vi) Youth's hygiene articles. Youth shall be provided with their own toothbrush, toothpaste, soap, comb, towel and washcloth. Each youth's towel and washcloth shall be kept in a separate space and shall be changed at least twice a week and more often when necessary.

(vii) Menstrual products of adequate nature and sufficient quantity shall be made available to female youth as needed.

(viii) Staff facilities. Bathrooms, toilets and coat closets for staff shall be separate from those of the youth and shall be appropriately secured and located.

(10) Recreation and Lounge Facilities.

(i) Indoor recreation and lounge facilities. A specialized secure detention facility shall provide resources for a balanced program of indoor recreation for all genders; and for lounge facilities and sufficient seating to accommodate its full capacity of youth at any given time. Such resources shall permit a range of activities from organized group and individual games through quiet, informal recreation and shall include appropriate equipment, furnishings, storage, toilets and similar service features. Lounge areas shall have a minimum of 25 square feet per youth.

(ii) Outdoor recreation. A specialized secure detention facility shall provide resources for a balanced program of outdoor recreation for all genders to adequately accommodate its full capacity of youth at any given time. Outdoor recreation areas shall provide a minimum of one acre of securely fenced, as further defined in this regulation, properly drained, recreation space for 20-bed and smaller detention facilities and proportionally larger areas for higher capacity facilities to meet the requirements of this section. Outdoor recreation shall have areas shaded from heat. The outdoor space may be sectioned off for use by multiple groups simultaneously. Such facilities shall permit a range of activities from vigorous organized games through informal recreation and shall include supportive equipment, appropriate ground cover for type of recreational activity, shaded areas, storage, lighting, access to toilets, water and similar service features.

(11) School Facilities.

(i) Academic and vocational classrooms shall be provided to permit formal instruction for the full capacity of youth. Classrooms shall provide a minimum of 40 square feet per pupil in new construction.

(ii) The maximum group size for school classes shall be twelve (12) students.

(12) Health Facilities.

(i) Rooms for medical examinations. A room or rooms shall be provided for medical examinations, nurse's office, first aid and other treatment. The room or rooms shall be adequately furnished and equipped to fulfill these functions, and shall be used for no other purposes.

(ii) Youth with minor illnesses or medical conditions. Youth with minor illnesses or medical conditions that require separation but do not require hospital care shall be cared for in a room that is in an area that has been designated for such purpose. Such an area shall be located within or as close to the health office as is practicable to allow for adequate medical monitoring of the youth.

(iii) First aid supplies, as recommended by the staff physician, shall be appropriately secured and monitored and shall be readily available for use.

(iv) All drugs, medicines and instruments shall be kept in a suitable locked cabinet, inventoried and accessible only to the medical staff.

(v) A specialized secure detention facility shall have containers for the safe and secure disposal of biohazardous waste and materials as required by applicable federal and state laws.

(13) Storage rooms and closets. Housekeeping service closets shall be provided within, or convenient to, each youth's living unit, program areas and food service spaces.

(14) Screening and Fencing.

(i) A specialized secure detention facility shall maintain perimeter fencing with adequate lighting of the entire grounds to provide security against youth egress. For any new construction or substantial remodeling of existing facilities, perimeter fencing of the entire grounds shall be constructed and maintained that is a minimum of eight (8) feet in height with two (2) feet of razor wire or its equivalent. The footing of any newly constructed fence shall be sufficiently secure to preclude tunneling or caching of contraband. All fencing shall effectively, securely and humanely detain the youth within the program and living areas and shall provide privacy as needed.

(ii) A specialized secure detention facility shall have a secure vehicular sally port of sufficient size to permit secure entry and egress of large vehicles, such as trucks and ambulances, for the secure transfer of youth to and from transport vehicles to the holding area entrance. Such sally port shall be constructed to permit entry and egress while maintaining the perimeter. All construction or substantial remodeling of existing facilities shall have sally ports with double fencing.

(iii) Appropriate window screening to protect against insects and appropriate window glazing or films for privacy and heat and glare reduction shall be provided throughout the building as needed. Such window screening and window glazing shall effectively, securely and humanely detain the youth within the program and living areas and shall provide privacy, as needed.

(15) Communications and Monitoring.

(i) Telephones. Each separate living unit shall have 24-hour telephone service, or an intercom system connected to an outside telephone service.

(ii) There shall be an electrical signal system between the youth care workers' station and rooms in youth sleeping areas that permits a youth to alert staff of their need for assistance from within a locked room.

(iii) There shall be an intercommunications or emergency signal system readily available and operable to permit staff members to summon aid immediately to supervisory areas, teaching stations, interview rooms and similar spaces wherever supervisory assistance may not be readily available.

(iv) Video monitoring systems shall be required to aid in providing effective monitoring and promoting safety and security of all staff and youth. Cameras shall be positioned to monitor hallways, corridors, stairwells, recreation areas, outside perimeter areas, entrances and exits to the facility, all common areas, and any other area as required by OCFS. Cameras, for reasons of privacy, shall not be located in any shower/toilet areas, bedroom, or clothing changing area. Monitors shall be placed to prevent viewing by unauthorized persons.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.6

Adopted New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018