New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter X - Assisted Living Residences › Part 1001 - Assisted Living Residences › Section 1001.13 - Structural and environmental standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An operator of an assisted living
				residence must comply with the following standards in addition to the
				applicable standards contained in 18 NYCRR sections 487.11, 488.11 and, if
				applicable, 494.7, as well as any other regulation applicable to assisted
				living residences, adult homes or enriched housing programs adopted subsequent
				to the date of adoption of this section.
(b) Existing structures.
(1) Buildings which have both Part 1 and
				architectural approval pursuant to 18 NYCRR section 485.6 and for which
				construction commenced prior to the date of adoption of this Part, and for
				which certificates of occupancy have been issued, or for which occupancy has
				been locally approved but which are not yet occupied on such date, or were
				licensed as an adult home or enriched housing program prior to such date, will
				be considered existing structures. The department reserves the right to
				re-examine the adequacy of life and fire safety features in existing licensed
				structures should it be determined that codes, rules and regulations that were
				applicable to the structure at the time of licensure are not met.
(2) An existing building that is not
				currently licensed as an enriched housing program or adult home and is seeking
				to be licensed as an ALR, enhanced ALR or special needs ALR shall meet all
				applicable structural and environmental requirements currently in effect for
				either an enriched housing program or an adult home, as applicable.
(3) In situations where a certificate of
				occupancy reflecting currently applied occupancy group designation for an
				enriched housing program or an adult home is not available or attainable from
				the local authority having jurisdiction, but there is a valid certificate of
				occupancy in place for the building, the department will accept an architect's
				or engineer's letter of certification signed by a registered architect (RA) or
				professional engineer (PE) certifying that the building under consideration
				meets all applicable codes, rules and regulations.
(4) In addition to meeting the requirements
				set forth in paragraph (2) of this subdivision, a building used by the operator
				of an ALR, enhanced ALR or special needs ALR must comply with the following
				fire safety features.
(i) An automatic
				sprinkler system throughout the building.
(a)
				An ALR with five to 16 beds shall have a NFPA 13R or NFPA 13 automatic
				sprinkler system installed.
(b) An
				ALR with 17 or more beds, and an enhanced ALR or special needs ALR of any size,
				shall have a NFPA 13 automatic sprinkler system installed.
(ii) A supervised smoke-detection system
				throughout the building, including all bedrooms.
(iii) Fire protection systems directly
				connected to the local fire department, or to a 24-hour attended central
				station.
(iv) Handrails on both
				sides of all resident-use corridors and stairways.
(v) A centralized emergency call-system in
				all bedrooms easily reachable from bedside and in all resident-use toilet and
				bathing areas, easily reachable from each fixture.
(5) A building used by the operator of an
				enhanced ALR or special needs ALR must, in addition, comply with the following
				sixth safety feature:
(i) Buildings with a
				capacity of 17 or more residents shall have smoke barriers to divide each floor
				into at least two smoke compartments, neither of which shall have corridors
				exceeding 100 feet in length. For the purposes of this Part, a smoke barrier
				means a continuous fire-rated partition or wall, extending from one exterior
				wall to another exterior wall, with all openings (doorways, etc.) protected
				with fire-rated and smoke-tight doors equipped with appropriate
				hardware.