N.Y. Comp. Codes R. & Regs. tit. 18 § 488.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 488.11 - Environmental standards

(a)Capacity.

(1) The capacity of an enriched housing program located in a building with individual or shared apartments must not exceed the capacity that can be accommodated in 25 percent of the total number of units in the building.

(2) The capacity of an enriched housing program located in a building in which residents share all space other than bedrooms must not exceed seven residents.

(3) If the operator is a public agency, the capacity at any one site must not exceed 16 residents.

(b) Enriched housing programs must:

(1) be integrated within the community and readily accessible to medical and appropriate commercial and community service facilities; and

(2) not be located within existing adult care, health-related, skilled nursing or medical facilities, single room occupancy buildings (SROs), or hotels.

(c)Occupancy groups.

(1) A building in which an enriched housing program is located must be in compliance with the requirements of the Uniform Fire Prevention and Building Code for the B-1 occupancy group, including any requirements specified for community residences, or for the B-3 occupancy group.

(2) If in New York City, a building in which an enriched housing program is located must be in compliance with the City Building and Fire Protection Codes for the J-2 occupancy group.

(d)

(1) The operator must ensure that the building or buildings in which the enriched housing program is located and which is owned or managed by the operator is in a good state of repair and sanitation and in conformance with applicable State and local laws, regulations and ordinances.

(2) If the operator does not own or manage the building in which the enriched housing program is located, the operator:

(i) must make efforts to ensure that the building is in a good state of repair and sanitation and in conformance with applicable State and local laws, regulations and ordinances;

(ii) must initiate action to correct any deficiencies in the building which affect the building's state of repair and sanitation or which are in violation of applicable State and local laws, regulations and ordinances, and must document such action; and

(iii) may be required to relocate the enriched housing program if the deficiencies or violations remain uncorrected.

(e)Safety procedures.

(1) Hasps, bars, padlocks and similar devices must not be used in any resident area in a way which would inhibit access to an exit or the free movement of residents.

(2) Doors in residents' sleeping rooms or apartments may be secured by the resident provided such doors can be unlocked from the outside and keys are available to staff at all times.

(3) Storage of cleaning agents, bleaches, insecticides, or any other poisonous, dangerous or flammable materials must be kept separate from food storage and in a manner that assures resident protection.

(4) Heating pipes and radiators, with which residents may come in contact, must be shielded to prevent burns.

(5) Night lights must be provided and working in all hallways, stairways and bathrooms which are not private.

(6) A hallway or corridor must not be used for storage.

(7) Throw or scatter rugs must not be permitted unless equipped with a nonslip backing or secured to the floor.

(8) Polishes used on floors must provide a nonslip finish.

(9) The water temperature at faucets for bathing, showering, and hand-washing must be capable of attaining a temperature of 95 degrees Fahrenheit (35 degrees Celsius) but must not attain a temperature in excess of 110 degrees Fahrenheit (43 degrees Celsius) where controllable by the operator.

(10) Grab bars must be provided for toilets and in tubs and showers.

(11) Bathtubs and showers must have nonslip protections.

(12) The floor area immediately adjacent to a shower or tub must have a nonslip mat.

(13) The following are fire hazards and are prohibited:

(i) smoking in other than designated areas;

(ii) portable electric space heaters;

(iii) accumulation of combustible materials in any part of the building;

(iv) storage of flammable or combustible liquids in anything other than closed containers listed by an acceptable testing laboratory;

(v) storage of pressurized oxygen containers; and

(vi) cooking appliances in residents' bedrooms.

(14) All staff members must be familiar with the fire alarm systems and, where appropriate, with procedures for testing and resetting these systems.

(f)Furnishings and equipment.

(1) The operator must assure that furnishings and equipment used by residents support daily activities, are appropriate to function, and do not endanger the residents' health, safety, and well-being.

(2) All resident areas must be decorated, painted and appropriately furnished.

(3) Basic furniture and household items, appropriate to size and function, and intended for common use must be provided or arranged for by the operator.

(4) When not supplied by the resident, the operator must provide each resident with the following minimum household equipment:

(i) a standard, single bed in good repair, a chair, a lamp;

(ii) lockable storage facilities for personal articles and medication which cannot be removed at will if the individual room or apartment is not equipped with a lock;

(iii) individual dresser and closet space for the storage of resident clothing;

(iv) dishes, glasses, utensils, table;

(v) household linens including, at a minimum, a pillow, a pillowcase, two sheets, blankets, a bedspread, towels and washcloths;

(vi) household supplies and equipment including soap and toilet tissue.

(5) All occupants must have access to radios and television sets either in their individual dwellings or in shared areas.

(6) Each dwelling unit must contain at least one telephone.

(7) All windows in resident-occupied areas must be equipped with curtains, shades or blinds.

(8) All operable windows must be equipped with screens.

(9) Light fixtures must be shaded.

(g)Maintenance.

(1) The operator of each enriched housing program must make certain of the continued maintenance of buildings and grounds in which programs are located or, in buildings not owned or under the control of the operator, document efforts to obtain adequate building maintenance.

(2) The building and grounds must be maintained in a clean, orderly condition and in good repair.

(3) All equipment and furnishings used by the enriched housing program must be maintained in a clean, orderly condition and in good working order.

(4) Walls and ceiling coverings must be free of cracks or tears, peeling wallpaper or paint, missing or cracked tiles.

(5) Floors and floor coverings must be free of cracks and missing or raised portions.

(6) Electrical systems, including appliances, cords and switches must be maintained in good working order.

(7) Plumbing and plumbing fixtures must be maintained in good working order.

(8) Ventilation, air conditioning, and air changing systems must be maintained in good working order.

(9) Heating systems must be maintained in good working order.

(10) The building, grounds, and other buildings on the premises must be kept free of breeding areas for flies, vermin and rodents.

(11) Entrances, exits, steps and outside walkways must be kept free from ice, snow and other hazards.

(12) Windows and screens must be kept clean and in good repair.

(13) Sprinkler systems must be maintained in good repair and working order.

(14) Smoke and fire protection equipment, including fire extinguishers, must be maintained in accordance with manufacturer's specifications.

(15) To ensure safe, proper operating conditions, the following systems and equipment must be inspected or tested as required by local codes:

(i) smoke detection systems;

(ii) fire alarm system;

(iii) sprinkler system; and

(iv) fire extinguishers.

(16) All inspection certificates required by State or local authorities for buildings, grounds and equipment must be available for review by the department and residents.

(h)Space requirements for enriched housing programs.

(1) Every enriched housing program must have common space for congregate meals and activities.

(2) Dining rooms and leisure areas must be available for use by residents at appropriate times to provide periods of social and diversional individual and group activities.

(3) Space provided for dining and leisure must be sufficient to accommodate all residents.

(4) Space must be provided for administrative activities and records.

(5) Suitable equipment for storing, preparing and serving foods in a sanitary manner must be in good operating condition in each individual or shared dwelling unit. This equipment must include a cooking stove or range with oven, a refrigerator with freezer of appropriate size and sufficient capacity for the number of occupants, a kitchen sink with hot and cold running water, which drains into an approved private or public system, and cabinets for storage of chinaware, food, and cleaning supplies. There must be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage of garbage. Where required for the purpose of preparing and/or serving common meals, communal dining areas with sufficient space, a pleasant atmosphere, and sanitary conditions must be available within shared dwelling units or otherwise within the building.

(6) Individual and shared dwelling units must contain living, dining and sleeping areas which provide adequate space and comfortable, homelike surroundings. Adequate closet space for storing personal effects must be provided.

(7) Residents must have access to outdoor areas.

(8) Space must be provided for storage of equipment and supplies.

(9) The operator must maintain public areas suitable for posting required notice documents and other written materials which are visible to and accessible to residents, staff and visitors.

(10) Baths and toilet facilities.

Each individual dwelling unit or shared dwelling unit must contain full bathroom facilities, including a toilet, lavatory, and a shower or tub. In shared residences, these should be sufficient in number so that each lavatory, toilet, shower or tub is not shared by more than three residents.

(11) Living units shall be lockable by the resident via an appropriate locking mechanism, with only the resident and appropriate staff having access.

(12) Bedrooms.

(i) Each resident, except those desiring to share a bedroom, must have a single bedroom.

(ii) Single bedrooms must have a minimum floor area of 85 square feet, exclusive of foyer, wardrobe, closets, lockers and toilet rooms.

(iii) Double bedrooms must have a minimum floor area of 140 square feet, exclusive of foyer, wardrobe, closets, lockers and toilet rooms.

(i)Heating/cooling.

(1) The temperature in resident bedrooms and common areas must be, at a minimum, 72 degrees Fahrenheit (20 degrees Celsius) unless the operator can demonstrate that the building is in compliance with local heating requirements which are lower and that the operator does not have control of the building.

(2) When the outside temperature exceeds 85 degrees Fahrenheit (30 degrees Celsius) the operator must:

(i) take measures to maintain a comfortable environment;

(ii) monitor resident exposure and reactions to heat;

(iii) arrange for health care, if needed; and

(iv) arrange for the temporary relocation of residents, if needed.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 488.11

Amended New York State Register February 10, 2016/Volume XXXVIII, Issue 06, eff. 2/10/2016

Amended New York State Register November 15, 2023/Volume XLV, Issue 46, eff. 11/15/2023