New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 595 - Operation Of Residential Programs For Adults › Section 595.15 - Premises

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Safety.
(1) All residential programs shall be safe
				and suitable for the comfort and care of the resident. Residences shall be
				maintained in a good state of repair and sanitation.
(2) Code requirements.
(i) Residential programs comprising the
				entire residential occupancy of a building, or programs in which the sponsoring
				agency or other Office of Mental Health approved entity otherwise controls the
				entirety of the building, shall meet the provisions of the appropriate chapter
				and section of the most current recognized edition of the National Fire
				Prevention Association (NFPA)--101 Life Safety Code (LSC) as noted in clauses
				(a)-(c) of this subparagraph. Said codes are published by the National Fire
				Protection Association, One Batterymarch Park, Quincy, MA 02269 and are
				available for review at the Department of State, Division of Administrative
				Rules, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231 and the
				Office of Mental Health, Bureau of Inspection and Certification, 44 Holland
				Avenue, Albany, NY 12229.
(a) Newly
				constructed residences shall be governed by the appropriate chapter for new
				construction of the Life Safety Code. New residential programs which house 16
				or few persons (excluding staff) shall specifically meet the provisions of the
				chapter on small facilities. New residences housing more than 16 residences
				shall specifically meet the provisions of the chapter on large
				facilities.
(b) Existing buildings
				which are converted to use as residential programs shall be governed by the
				appropriate chapter for existing construction of the Life Safety Code. Existing
				residences housing 16 or fewer persons (excluding staff) shall specifically
				meet the provisions of the chapter on small facilities. Existing residences
				housing more than 16 residents shall specifically meet the provisions of the
				chapter on large facilities.
(c)
				The applicable standards of the appropriate chapters of the LSC shall be based
				upon the anticipated evacuation capability of the residents to be
				housed.
(ii) Residential
				programs, or portions of residential programs, located in buildings not fully
				controlled by the sponsoring agency or other Office of Mental Health approved
				entity are required to provide a smoke detection system satisfactory to the
				Office of Mental Health. A plan showing the proposed system must be submitted
				for review and approval.
(a) Smoke detectors
				are required outside of each sleeping area in the immediate vicinity of the
				bedrooms, on each additional story of the living unit, including basements; and
				smoke or heat detectors in those areas separated by a door from the above
				required detectors.
(b) Smoke and
				heat detectors may be powered by batteries, provided that the batteries are
				monitored. A distinctive trouble signal must be given before the battery is
				incapable of operating the device.
(c) Tests or inspections, as recommended by
				the manufacturer, shall be made not less than once a month for other than
				battery-powered detectors and not less than once a week for battery-powered
				detectors. A record of these tests shall be maintained for review.
(iii) Residential programs, or
				portions of residential programs located in buildings not fully controlled by
				the sponsoring agency or other Office of Mental Health-approved entity are
				required to provide carbon monoxide detectors, as per the Residential Code of
				New York State, the Fire Code of New York State, subdivision 5-a of section 378
				of the New York Executive Law ("Amanda's Law") and Local Law No. 7 for
				residences in New York City, as applicable.
(a) Carbon monoxide detectors shall be
				installed in locations as required by applicable law and according to
				manufacturer's directions and specifications.
(b) Carbon monoxide detectors shall be
				battery operated, plug-in type or hardwired, in accordance with applicable
				law.
(c) Inspections and tests of
				carbon monoxide detectors shall be made in accordance with manufacturer's
				directions and specifications. Written documentation of such testing shall be
				maintained for review.
(3) Residences must possess a valid
				certificate of occupancy or other documentation, which, in the opinion of the
				Office of Mental Health, satisfies the intent of a certificate of
				occupancy.
(4) All residential
				programs shall observe the following precautions:
(i) A sufficient number of fire
				extinguishers, approved by the Underwriters Laboratories, shall be installed in
				accessible places on each floor. Fire extinguishers shall be tested and
				recharged in accordance with manufacturers' recommendations.
(ii) Staff and residents shall be trained in
				the use of firefighting equipment, and in the means of rapidly evacuating the
				building.
(iii) The following items
				are prohibited:
(a) devices for heating,
				cooking, or lighting which use kerosene, gasoline, or alcohol;
(b) portable propane devices for heating,
				cooking, or lighting; and
(c)
				portable electric hot plates for cooking.
(iv) The following items are allowed only
				with the explicit approval of the Office of Mental Health and with a
				description of the device in detail, including its safety features, potential
				hazards and proposed procedures for maintenance and operation:
(a) electric space heaters;
(b) wood or coal burning stoves for heating;
				and
(c) fireplaces.