N.Y. Comp. Codes R. & Regs. tit. 18 § 454.9

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

Section 454.9 - Requirements for approving safe homes

The safe home network is responsible for approving safe homes and such approval is dependent upon a visit to the prospective safe home by the safe home network and the safe home provider meeting the following requirements:

(a) Each safe home provider must be at least 18 years old.

(b) Staff of the safe home network, who have qualifications to administer the safe home network or provide core emergency services as specified in section 452.12 of this Title, must conduct at least one face-to-face interview with each person over the age of 18 who is currently residing in the home of such prospective safe home to ascertain the following items including and not limited to:

(1) the person's understanding of the nature of domestic violence;

(2) the person's ability to be nonjudgmental;

(3) the person's attitude and, where possible, the attitude of any minor children in the household about establishing a safe home;

(4) the person's ability to maintain confidentiality as provided in section 452.10 of this Title;

(5) the hours of availability of the prospective safe home; and

(6) that each member of the safe home household is reported to be in good general health and that there are no health or other family problems that could negatively affect residents.

(c) Orientation/training. Prior to the placement of residents into the safe home the safe home provider must receive an orientation to the safe home network program. When the safe home provider has no previous experience or training in the field of domestic violence, appropriate training on domestic violence must also be provided.

(d) Safe homes must meet the following environmental standards:

(1) Safe homes must provide an atmosphere of privacy, support and understanding, and one which is safe and confidential.

(2) Safe homes must be maintained in a state of good repair and sanitation, be free of safety hazards and be in substantial compliance with all applicable local and State health and safety laws or regulations for one or two family dwellings or multiple family dwellings classified for permanent occupancy.

(3) Heating systems shall be capable of maintaining a minimum room temperature of 68 degrees Fahrenheit in all habitable rooms and maintained in good working order.

(4) Safe homes must provide a sleeping area for adult residents which is separate from the sleeping area of safe home household members.

(5) Children residing in safe homes may share a sleeping area with members of their own family or with other children in the safe home household.

(6) Each resident must be provided with clean bedding, basic toilet articles such as towels and washcloths and space for his/her personal possessions.

(7) There must be adequate bathing, toilet and lavatory facilities which must be kept in sanitary condition.

(8) No hazardous conditions must be permitted to exist in any part of the safe home. The following requirements must be complied with in order to eliminate hazardous conditions:

(i) hallways and corridors must not be used for storage of equipment or trash;

(ii) stairways must have sturdy and securely fastened handrails; and

(iii) all electrical cords and plugs must be in good condition with no exposed or frayed wiring.

(iv) In addition, the following safety requirements must be met by safe homes providing emergency shelter to residents who are children and safe home networks must not arrange to place a child in a safe home which does not meet the following requirements:

(a) all medications (prescription and over-the-counter) must be kept in a secured place and out of reach of children; and

(b) containers of chemical cleaning agents and other toxic material must be labeled, stored and secured in places - out of reach of children.

(9) Each safe home must be free from fire hazards and must be equipped with operational smoke detectors located in every sleeping room, on each floor and in the corridor adjacent to any sleeping rooms.

(10) Each safe home must be equipped with an ABC rated fire extinguisher in the kitchen, laundry room and furnace room.

(11) Carbon monoxide detector(s) must be installed and maintained on each level of the safe home that contain sleeping areas in accordance with the Uniform Code and manufacturer's installation instructions.

(12) Each safe home provider must have disaster and emergency procedures to be followed in the event of an emergency or disaster, such as a fire or a flood, which must be explained to new residents upon arrival.

(13) A telephone with emergency telephone numbers for fire, police and medical assistance posted nearby must be made available to residents.

(14) Wood or coal burning stoves, fireplaces, pellet stoves and permanently installed gas space heaters used at any time in the safe home must be approved by local authorities or an inspector qualified to approve fuel burning systems.

(15) While victims of domestic violence, are residing in the safe home, all firearms, shotguns, rifles, and ammunition must be securely stored and inaccessible to residents.

(i) Ammunition shall be stored in a safe storage depository as defined in (iii) in this section.

(ii) Firearms, shotguns and rifles shall be secured unloaded with an appropriate trigger locking device, or stored in a safe storage depository as defined in (iii) of this section.

(iii) A safe storage depository shall be a safe or other secure container which, when locked, is incapable of being opened without the key, combination or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon or ammunition contained therein.

(iv) Safe home providers shall give written notice to safe home network and residents on forms furnished by the Office or an approved equivalent, that a firearm, shotgun, rifle or ammunition is on the premises.

(e) Upon a determination by the safe home network that the safe home is in full compliance with all regulatory standards contained in this section, the network must issue a written approval to the safe home provider(s). Such approval, which is non-transferrable to another person or location, will be for a one year duration and must contain:

(1) a statement which clearly specifies: the name of the safe home provider, the location of the safe home, the date of approval, the non-transferrable status of the approval, the purpose of the approval which must be to provide temporary shelter to victims of domestic violence, and the maximum number of adults and children, if any, who can be admitted as residents of the safe home and authorized to receive emergency shelter in such home; and

(2) an agreement signed by the safe home network and the safe home provider which includes, but need not be limited to, the following responsibilities:

(i) safe home network responsibilities:

(a) to refer only residents appropriate for admission as specified in section 454.4 of this Part;

(b) to the extent possible, to arrange for the resident's transportation to the safe home;

(c) to reimburse safe home providers for temporary shelter and other needs met by the safe home provider subject to payment under the per diem rate

(d) to discharge residents from a safe home who the safe home provider finds to be disruptive to the safe home or a threat to the well-being of other individuals residing in the safe home;

(e) to develop a plan which addresses how damages to the safe home will be handled in the event any damage occurs which was caused by residents;

(f) to develop a plan for resolving conflicts between the safe home provider and residents;

(g) to inform the safe home provider that the Office has access to the safe home provider's name and the location of the safe homes;

(h) to maintain regular contact with the safe home provider whenever residents are being sheltered; and

(i) to have follow-up contact with the safe home provider within a week following a resident's departure; and

(ii) safe home responsibilities:

(a) to abide by the safe home network's rules;

(b) to inform the safe home network of any changes that affect the safe home household composition;

(c) to maintain, in a manner consistent with the records and reports and confidentiality provisions of sections 452.9(b) and 452.10 of this Title, the confidentiality of the purpose and location of the safe home and any residents they shelter;

(d) to provide emergency shelter to residents for only the length of time determined appropriate by the safe home network;

(e) to be available to communicate with the safe home network whenever residents are being sheltered;

(f) to notify the safe home network of any resident's unplanned departure from the safe home;

(g) to notify the safe home network immediately of any problems occurring while residents are being sheltered;

(h) to be available to the safe home network for a follow-up contact after the departure of a resident; and

(i) to explain to each new adult resident upon arrival the procedures to be followed in the event of a disaster and/or emergency.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 454.9

Adopted New York State Register April 1, 2020/Volume XLII, Issue 13, eff. 4/1/2020