N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.10 - Excess capacity admissions
(a) An
operator shall not admit or retain a number of persons in excess of the
capacity specified in the operational plan approved by the office.
(b) Notwithstanding subdivision (a) of this
section, a social services district may authorize an operator to provide
short-term emergency shelter to a number of persons in excess of the capacity
specified in the operational plan approved by the office. When the operational
plan is approved, or at the request of a currently certified facility, the
office shall establish a limit on the number of persons that may be admitted to
a given shelter in emergency situations. This emergency capacity shall be
predicated on the physical layout of the facility and the conditions set forth
in subdivision (c) of this section.
(c) A social services district may authorize
an operator to provide shelter to a number of persons in excess of the
specified capacity if the following conditions are met:
(1) snow emergencies or inclement winter
weather as defined in section
304.1
of this Title, or other circumstances creating an emergency need for additional
shelter space;
(2) the operator is
able to meet the food and shelter needs of all persons in residence;
(3) the operator assigns staff sufficient to
meet census-based staffing requirements set forth in this Part;
(4) the facility remains in compliance with
applicable local building, fire protection, health and sanitation codes;
and
(5) the number of persons
admitted to a given shelter does not exceed the authorized emergency
limit.
(d) Where a
social services district authorizes an operator to provide shelter to a number
of persons in excess of the capacity specified in the operational plan approved
by the office, the social services district shall inform the office by e-mail
or telephone as soon as is practicable, but by no later than the end of the
next business day. The office may allow the operator to continue to operate
above the capacity specified in the operational plan for a reasonable
period.
Notes
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