N.Y. Comp. Codes R. & Regs. tit. 18 § 442.17

Current through Register Vol. 46, No. 41, October 9, 2024

Section 442.17 - Parenting facilities; special provisions

A facility for the care and maintenance of parenting youth and child of a parenting youth unit as defined in subdivision (s) of section 441.2 of this Title, shall be in compliance all applicable laws, ordinances, rules, regulations and codes relating to buildings fire protection and health and safety, and may be operated in compliance with the following standards, in lieu of those provided for in sections 442.6 and 442.7 of this Part or of any other sections of this Part which are inconsistent with this section. All other provisions of this Part shall otherwise be applicable to such facility, except the requirements contained in paragraphs (1) and (2) of subdivision (b) of section 442.4 of this Part.

(a)Plant and equipment.

(1) Occupancy by parenting youth and child of a parenting youth units shall not be permitted above the second floor of a building of wood frame construction, nor above the third floor in a building constructed of masonry exterior walls with wood frame floors.

(2) All buildings shall have smoke detectors and carbon monoxide detectors as defined in section 441.2 of this Title installed in compliance with all applicable laws, ordinances, rules, regulations and codes relating to buildings, fire protection and health and safety.

(3) Buildings partially constructed of wood exceeding three stories in height shall be sprinklered throughout.

(b)Sleeping accommodations.

A parenting youth and infant child of a parenting youth may occupy the same sleeping rooms or adjoining sleeping rooms if requested by the parenting youth and where it is determined to be in the best interest of the parenting youth and the child, children or infant of the parenting youth. Where a parenting youth and child of a parenting youth occupy the same sleeping room, they must have separate sleeping accommodations appropriate to their age and development state and consistent with safe sleep practices; provided, however, that each infant of a parenting youth shall have a separate crib. Staff members shall be provided with sleeping quarters separate from those provided for the parenting youth and child of parenting youth unit.

(c)Bathing and toilet facilities shall be provided as follows:

(1) Minimum requirements as to lavatories, tubs or showers:

Parenting youth and child of parenting	Lavatories	Tubs or showers
3-5	2	1
6-8	2	2
9-10	3	2

(2) At least one toilet shall be provided for every three parenting youth.

(3) Appropriate bathing and toileting equipment specific to the ages and developmental stages of any child of a parenting youth served by the facility must be provided and shall be kept in a safe and sanitary condition.

(d)Day room area.

A designated area with safe, age and developmentally appropriate equipment, educational items and toys shall be provided for use by any child of a parenting youth served by the program; such area shall be located within easy access to a direct exit from the floor, which floor shall be no more than one story above grade and in compliance with all applicable laws, ordinances, rules, regulations and codes relating to buildings, applicable fire code and fire protection and health and safety standards.

(e)Safety.

(1) parenting youth and staff shall be instructed at regular intervals in evacuation of the building.

(2) No child of a parenting youth shall be permitted to remain above the first floor unless attended by either their parent or a member of staff.

(f)Increased capacity.

(1) If a facility wishes to provide care and maintenance to more than 10 parenting youth and child of parenting youth unit as defined in subdivision (s) of section 427.2 of this Title, the facility must first submit a written request for an increase in capacity to the Office and receive the written approval from the Office.

(2) Approval of such a request is subject to both an assessment of the need for the Parenting facility to care for additional residents and the ability of the facility to maintain the health and safety standards set forth in this section and to meet such other requirements of this section and this Part, which the Office deems appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 442.17

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

Amended New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022