New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 594 - Operation Of Licensed Housing Programs For Children And Adolescents With Serious Emotional Disturbances › Section 594.16 - Premises

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Safety.
(1) Each residence housing children and
				adolescents shall be safe and suitable for the comfort and care of the
				residents. They shall be maintained in a good state of repair and
				sanitation.
(2) Each residence
				housing children and adolescents 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 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.
(3) Each type of
				residence housing children and adolescents shall conform to the appropriate
				section of the most current recognized edition of the National Fire Protection
				Association (NFPA) 101 Life Safety Code (LSC) as noted below. 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.
(i) Teaching family homes and community
				residences shall meet the requirements of the appropriate chapter LSC for one-
				and two-family dwellings.
(a) Smoke detectors
				are required outside of each sleeping area in the immediate vicinity of the
				bedrooms and 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) With the
				approval of the Office of Mental Health, detectors may be battery-powered,
				provided that they emit a distinctive trouble signal 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.
(ii) Crisis residences for
				children and adolescents shall conform to the requirements of the appropriate
				chapter(s) of LSC for new or existing residential board and care occupancies as
				appropriate. In addition:
(a) Smoke detectors
				are required outside of each sleeping area in the immediate vicinity of the
				bedrooms and 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) Tests or
				inspections, as recommended by the manufacturer, shall be made no 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.
(c) An automatic
				sprinkler system complying with NFPA 13D, Standard for the Installation of
				Sprinkler Systems in One- and Two-Family Dwellings, is required. 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.
(4) Each type of residence housing
				children and adolescents shall 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.
(i) Carbon monoxide detectors shall be
				installed in locations as required by applicable law and according to
				manufacturer's directions and specifications.
(ii) Carbon monoxide detectors shall be
				battery operated, plug-in type or hardwired, in accordance with applicable
				law.
(iii) 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.
(5) 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.