New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-7 - Environmental Requirements › Section 635-7.3 - Safety and welfare requirements for all facilities (except for family care homes and individualized residential alternatives [IRAs] housing eight or fewer persons)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  residential (except for family care homes and IRAs for eight or fewer persons,
				  see section
				  635-7.4 
				  of this Subpart) and nonresidential facilities certified on or after August 1,
				  2007 shall comply with all the general requirements of this Subpart for the
				  purposes of obtaining an initial operating certificate.
(b) Facilities certified or recertified prior
				  to August 1, 2007 shall by virtue of such certification or recertification, be
				  presumed to have demonstrated compliance with the safety and welfare
				  requirements for purposes of certification by OPWDD. If a requirement in this
				  Subpart is more rigorous than what was previously required of existing facility
				  (
e.g.,
number of individuals per bedroom) and if the strict
				  application of the provisions of this Subpart would result in unreasonable
				  hardship upon the facility, then based on the facility's previous compliance,
				  the facility is to be considered in compliance with this section. However, any
				  changes, modifications or upgrading of the facility that are made shall be in
				  compliance with the requirements of this section.
(c)
Physical plant requirements.
(1) Habitable space shall be provided with
				  natural light.
(2) The use of
				  portable or temporary space heaters as the sole source of heat is prohibited.
				  However, exceptions for cause for temporary supplemental use may be granted
				  where the commissioner has determined that the safety and welfare of the
				  persons receiving services in the facility have not been compromised.
(3) General plumbing systems shall be
				  maintained in good, safe, sanitary and serviceable condition.
(4) Water shall conform to the chemical and
				  bacteriological quality standards for potable water established by the health
				  authority having jurisdiction. For facilities having a private water source for
				  drinking or cooking purposes, the facility shall test the private water source
				  on at least an annual basis to ensure that the water conforms to such
				  established standards.
(5) Private
				  sewage disposal systems (
e.g.,
septic systems) shall conform
				  to the regulations of the authority having jurisdiction.
(6) The facility must have and maintain
				  active telephone service.
(i) Cellular and/or
				  landline services must be used to meet th is requirement.
(ii) If cellular telephone service is not
				  available at a location at all times, landline telephone service is
				  required.
(iii) Landline telephone
				  service, where provided, must consist of one or more of the following types of
				  land based transmission: cable, microwave, fiber optic, or copper
				  wire.
(iv) Landline telephone
				  service must remain in working order and function during power outages or be
				  backed up by immediately available cellular service.
(7) The facility shall notify OPWDD
				  immediately of anticipated or actual termination of any service vital to the
				  continued safe operation of the facility or the health of persons receiving
				  services and personnel, including, but not limited to the following services:
				  telephone, electric, gas, fuel, water, septic tank, heat, air conditioning,
				  contract food services, contract laundry services, smoke detection equipment or
				  heat detection equipment or sprinkler systems. All situations which, in the
				  reasonable opinion of the agency, are of a minor or merely inconvenient
				  inconsequential nature to persons receiving services in the facility, and which
				  can be remedied in a short term, timely fashion, need not be reported. The
				  facility is to promptly apply remedial measures to correct the circumstances
				  described above.
(8) Smoking is
				  prohibited inside all residential, day program, and clinic facilities that are
				  operated or certified by OPWDD (except supportive CRs and IRAs), but may be
				  permitted on the grounds of facilities, in accordance with section
				  633.23 
				  of this Title. When smoking is permitted in designated outdoor smoking areas,
				  these areas must be:
(i) equipped with
				  appropriate non-combustible disposal receptacles for ashes, tobacco, and other
				  smoking remnants; and
(ii) properly
				  maintained, with routine emptying of disposal receptacles and removal of
				  potential fire hazards (
e.g.
, cigarette butts and paper
				  products).