N.Y. Comp. Codes R. & Regs. Tit. 18 § 487.11 - Environmental standards
(a) In
order to provide a safe, comfortable environment for residents, the operator
shall maintain the facility in a good state of repair and sanitation, and in
conformance with applicable State and local laws, regulations and
ordinances.
(b) An operator seeking
certification to operate an adult home, or an operator of a certified facility
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 shall be in compliance with the
regulations of the department and any applicable building construction and
safety codes.
(d) After January 1,
1984, a building newly constructed or converted for use as an adult home, or an
existing building rehabilitated or renovated for continued use as an adult home
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, shall be in compliance with
these regulations and the State Uniform Fire Prevention and Building Code
requirements for B-4 occupancy.
(e)
In an existing adult home certified 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 resident is capable of self-directed, unassisted
emergency evacuation.
(f)
Smoke and fire protection.
(1) A
supervised smoke detection system, which is listed by an acceptable testing
laboratory, shall 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, elevator
and hoistway 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.
(2) Notwithstanding paragraph (1) of this
subdivision, an unsupervised smoke detection system may continue to be used in
a facility certified prior to September 22, 1978, if all components are audible
throughout the building.
(3) There
shall be at least one clearly marked, manual, audible pull-box alarm on each
occupied floor and wing.
(4) An
automatic sprinkler system shall be installed throughout all buildings of 25 or
more beds.
(5) 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.
(6) At least one of the
required fire protection systems shall 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.
(7) Smoke barriers, including smoke-stop
doors of at least one hour fire-resistive rating, shall be installed at the
opening of any vertical shaft or stairway. In a stairway between two stories
the barrier may be constructed either at the top or bottom of the
stairway.
(8) Required smoke
barriers, including smoke-stop doors, shall be:
(i) smoketight;
(ii) equipped with a self-closing
device;
(iii) maintained in the
closed position unless electromagnetically or electronically connected to the
smoke detection systems; and
(iv)
open in the direction of exit.
(9) In a facility certified after September
22, 1978, smoke stops are required in all corridors 100 feet long.
(10) There shall be at least two means of
egress from each floor designated for public or resident use.
(11) The required means of egress shall:
(i) be remote from one another;
(ii) not pass through a bedroom or bathroom;
and
(iii) not be obstructed at any
time.
(12) Each required
exit door shall be:
(i) at least 6 feet 8
inches high;
(ii) open in the
direction of exit travel;
(iii)
equipped with panic (quick release) hardware;
(iv) equipped with a self-closing device;
and
(v) freely accessible at all
times.
(13) Any window
within 10 feet of an exterior fire stair shall be protected with wire glass,
explosion-proof plexiglass, or an exterior screen of half-inch 28-gauge wire
mesh.
(14) Illuminated exit signs
shall be installed at each required exit.
(15) When the exit is not visible,
illuminated directional exit signs shall be installed in all corridors to
indicate the location of each means of egress.
(16) Emergency lighting which is listed by an
acceptable testing laboratory and powered by battery or an automatic generator
shall be installed in all exit hallways, stairwells and public areas.
(17) 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 shall be:
(i) placed at accessible locations on each
floor and each wing;
(ii)
wall-hung; and
(iii) properly
charged and checked.
(18)
Evacuation procedures which set forth emergency stations, the duties of all
staff and residents, and directions for the rapid evacuation of the premises
shall be posted in a conspicuous place on each floor and wing.
(19) 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
testing laboratory;
(vii) cooking
appliances in resident's room; and
(viii) overloaded electrical
circuits.
(20) At least
one staff member on duty during each shift shall be familiar with the fire
alarm systems and procedures for resetting these systems.
(g)
Electrical systems.
(1) Electrical wiring and equipment shall be
maintained and protected to prevent it from becoming a fire hazard or a source
of ignition.
(2) Electrical wiring
and equipment shall be firmly secured to the surface on which it is
mounted.
(3) Overcurrent protection
devices shall be maintained in safe operating condition, shall not be locked or
fastened in the "on" position and shall be accessible.
(4) Electrical wiring and equipment shall be
grounded to provide protection against shock.
(5) Flexible cord shall 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,
ceiling, floors or floor coverings.
(h)
Safety procedures.
(1) Access to toilets or bathing areas shall
not be through another resident's bedroom.
(2) Access to resident bedrooms shall not be
through other bedrooms, bathrooms or kitchens.
(3) Chain locks, hasps, bars, padlocks and
similar devices shall 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 resident, 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 shall 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, telephones or other
systems audible to staff responsible for that floor or wing shall be available
for emergency communication between resident bedrooms and staff
stations.
(7) In a facility
certified after October 1, 1978, a centralized emergency call system shall be
installed. In facilities certified after September 1, 1984, the centralized
call system shall be installed in all resident bedrooms, toilet areas and
bathing areas.
(8) All corridors,
interior and exterior stairways shall have handrails on both sides.
(9) Grab-bars shall be provided for toilets
and in bathtubs and showers.
(10)
Bathtubs and showers shall have nonslip protections.
(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) 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, shall be shielded to prevent burns.
(13) Illumination shall 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, shall have
general lighting switches at the entrance to each room.
(15) Night lights shall be provided and
working in all hallways, stairways and bathrooms which are not
private.
(16) A hallway or corridor
shall not be used for storage.
(17)
Throw or scatter rugs shall not be permitted unless equipped with a nonslip
backing or secured to the floor.
(18) Polishes used on floors shall provide a
nonslip finish.
(19) The floor area
immediately adjacent to a shower or tub shall have a nonslip surface or a
nonslip mat.
(i)
Furnishings and equipment.
(1)
The operator shall 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 shall be decorated, painted and appropriately
furnished.
(3) All upholstery
materials, carpets and similar floor coverings, installed on or after October
1, 1978, shall be moisture- and soil-resistant, except on furniture provided by
the resident and the property of the resident.
(4) Each operator shall 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) 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 shall not be used.
(6) Beds with side rails or beds in excess of
36 inches high shall not be used, except in sick bays.
(7) Each resident shall be supplied with:
(i) two sheets;
(ii) pillowcase;
(iii) at least one blanket;
(iv) a bedspread;
(v) towels and washcloths;
(vi) soap; and
(vii) toilet tissue.
(8) Bed linens, blanket, spreads and towels
shall be:
(i) clean and washable;
(ii) free from rips and tears; and
(iii) available when charges are
necessary.
(9) A complete
change of bed linens, towels and washcloths shall be provided to each resident
at entry, at least once a week, and more often if needed.
(10) The operator shall maintain a bed linen
inventory equal to at least double the average daily census of the
facility.
(11) All windows in
resident-occupied areas shall be equipped with curtains, shades or
blinds.
(12) All operable windows
shall be equipped with screens.
(13) Light fixtures shall be
shaded.
(14) Dining areas shall 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 shall 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
shall 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).
(j)
Housekeeping.
(1) The operator shall maintain a clean and
comfortable environment.
(2) All
areas of the facility shall 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, shall be clean and free of odors.
(4) Blankets, bedspreads, pillows and other
furnishings shall be laundered as often as necessary for cleanliness and
freedom from odors.
(5) It shall be
the responsibility of the operator to launder the personal washable clothing of
residents at no additional charge. The operator may provide the facilities and
supplies for residents who choose to launder their own personal
clothing.
(k)
Maintenance.
(1) The operator of
each facility shall insure the continued maintenance of the facility.
(2) The building and grounds shall be
maintained in a clean, orderly condition and in good repair.
(3) All equipment and furnishings shall be
maintained in a clean, orderly condition and in good working order.
(4) Walls and ceiling coverings shall be free
of cracks or tears, peeling wallpaper or paint, missing or cracked
tiles.
(5) Floors and floor
coverings shall be free of cracks and missing or raised portions.
(6) Electrical systems, including appliances,
cords and switches, shall be maintained in good working order.
(7) Plumbing and plumbing fixtures shall be
maintained in good working order.
(8) Ventilation, air conditioning and air
changing systems shall be maintained in good working order.
(9) Heating systems shall be maintained in
good working order.
(10) The
facility building, grounds and other buildings on the premises shall be kept
free of breeding areas for flies, vermin and rodents.
(11) Entrances, exits, steps and outside
walkways shall be kept free from ice, snow and other hazards.
(12) Windows and screens shall be kept clean
and in good repair.
(13) Sprinkler
systems shall be maintained in good repair and working order.
(14) Smoke and fire protection equipment,
including fire extinguishers, shall 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 system;
(iii) sprinkler
system;
(iv) fire
extinguishers;
(v) heating
system;
(vi) elevators;
(vii) water supply, if other than a municipal
system.
(16) All
inspection certificates required by State or local authorities for buildings,
grounds and equipment shall be available for review.
(17) In a facility of 25 beds or more
certified after September 22, 1978, at least one janitor's closet shall be
required. It shall be adequately ventilated to the outside and equipped with a
water supply and a janitor's sink.
(l)
Space requirements for adult
homes.
(1) Space in a facility must be
used exclusively for the purposes set forth in this Part. An operator may
request prior permission, in writing, to utilize space for other activities.
The operator must demonstrate that the proposed use is not incompatible with
the facility 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 shall
have space for dining and separate space for leisure.
(3) Space leased for administration, sleeping
or passage shall not be considered as dining or leisure space.
(4) Dining rooms and leisure areas shall be
available for use by residents at appropriate times to provide periods of
social and diversional individual and group activities.
(5) Space provided for dining shall be at
least 15 square feet per certified bed.
(6) Space provided for leisure shall be at
least 20 square feet per certified bed.
(7) In a facility with 25 or more beds,
leisure areas shall 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 paragraphs (2), (5) and
(6) of this subdivision, the operator may make written request for an
exception. At a minimum, the operator shall be 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 onsite review and written department approval.
(9) Space shall be provided for
administrative activities and records.
(10) Space shall be provided for storage of
equipment and supplies.
(11) The
operator shall maintain areas suitable for posting required notices, documents
and other written materials in public locations visible to, and accessible to,
residents, staff and visitors.
(12)
The operator shall provide space for residents to meet privately with staff of
the facility, visitors or other service providers.
(13) Baths and toilet facilities.
(i) There shall 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 shall be vented by means of natural or mechanical ventilation
to the outside air.
(iii) All
toilet and bathing areas shall be adequately lighted.
(iv) All toilet and bathing areas shall be
properly enclosed and separated by ceiling-high partitions and doors.
(14) Bedrooms.
(i) All bedrooms shall 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 shall be by means of windows in an outside
wall.
(iii) Bedrooms shall open
directly into a 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 shall be limited to single or double occupancy.
(vi) Single bedrooms shall have a minimum
floor area of 100 square feet, exclusive of foyer, wardrobe, closets, lockers
and toilet rooms.
(vii) Double
bedrooms shall have a minimum floor area of 160 square feet, exclusive of
foyer, wardrobe, closets, lockers and toilet rooms.
(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:
(a) provides a minimum of 85 square feet,
exclusive of entrance way and closet space, and is equipped as required by
paragraph (i)(4) of this section, may continue to be used;
(b) has less than 85 square feet, exclusive
of entrance way and closet space, shall no longer be used as a bedroom after a
change of operator occurs.
(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:
(a) provides a minimum of 70 square feet per
resident exclusive of entrance way and closet, provides a minimum of 3 feet
between beds and is equipped as required by paragraph (i)(4) of this section
may continue to be used;
(b) has
less than 70 square feet per resident, exclusive of entrance way and closet
space, shall no longer be used as a double bedroom after a change of operator
occurs.
(x) Not more
than two residents shall 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 shall, with the cooperation of the telephone company, have at least
one telephone available for outside calls for every 40 residents or portion
thereof. The operator may impose equivalent charges for
use.
(m)
Heating.
(1) The facility shall
have a permanently installed heating system capable of maintaining required
temperatures.
(2) When the outside
temperature is 65 degrees Fahrenheit (18 degrees Celsius) or less, the inside
temperature in resident bedrooms and common areas shall be, at a minimum, 68
degrees Fahrenheit (20 degrees Celsius).
(3) When the outside temperature exceeds 85
degrees Fahrenheit (30 degrees Celsius) the operator shall:
(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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.