N.Y. Comp. Codes R. & Regs. tit. 18 § 487.11

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

Section 487.11 - Environmental standards

(a) In order to provide a safe, comfortable environment for residents, the operator shall maintain the facility in a good state of repair and sanitation, and in conformance with applicable State and local laws, regulations and ordinances.

(b) An operator seeking certification to operate an adult home, or an operator of a certified facility planning renovation or remodeling, must:

(1) submit to the department, in duplicate, plans and specifications for construction, renovation or building addition; and

(2) proceed with implementation of such plans only after obtaining written approval of the department.

(c) Plans and specifications for construction, renovation or remodeling shall be in compliance with the regulations of the department and any applicable building construction and safety codes.

(d) After January 1, 1984, a building newly constructed or converted for use as an adult home, or an existing building rehabilitated or renovated for continued use as an adult home in which the cost of any alterations, additions or repairs made within any six-month period exceeds 50 percent of the cost of the replacement of the building at the beginning of that six-month period, shall be in compliance with these regulations and the State Uniform Fire Prevention and Building Code requirements for B-4 occupancy.

(e) In an existing adult home certified before September 22, 1978, residents may continue to occupy any portion of the third or higher floor in a building of frame or unprotected ordinary construction, or any portion of the seventh or higher floor in a building of protected ordinary construction:

(1) only until a change of operator occurs; and

(2) prior to a change of operator, only if the resident is capable of self-directed, unassisted emergency evacuation.

(f)Smoke and fire protection.

(1) A supervised smoke detection system, which is listed by an acceptable testing laboratory, shall be installed in the following locations:

(i) in each corridor at least every 40 feet on center, or less if required by the manufacturer;

(ii) at the top of all stairways, elevator and hoistway and other unsealed shafts; and

(iii) in attics, basements and open floor areas designated for public or resident use, at least one detector for each 1,000 square feet of open or unpartitioned space.

(2) Notwithstanding paragraph (1) of this subdivision, an unsupervised smoke detection system may continue to be used in a facility certified prior to September 22, 1978, if all components are audible throughout the building.

(3) There shall be at least one clearly marked, manual, audible pull-box alarm on each occupied floor and wing.

(4) An automatic sprinkler system shall be installed throughout all buildings of 25 or more beds.

(5) A building which is at least of noncombustible, protected construction and was certified as an adult home before September 22, 1978 does not need to have a sprinkler system installed.

(6) At least one of the required fire protection systems shall be connected directly to the local fire department or a central station, unless such a connection is not available. The operator must document that such connection is not available.

(7) Smoke barriers, including smoke-stop doors of at least one hour fire-resistive rating, shall be installed at the opening of any vertical shaft or stairway. In a stairway between two stories the barrier may be constructed either at the top or bottom of the stairway.

(8) Required smoke barriers, including smoke-stop doors, shall be:

(i) smoketight;

(ii) equipped with a self-closing device;

(iii) maintained in the closed position unless electromagnetically or electronically connected to the smoke detection systems; and

(iv) open in the direction of exit.

(9) In a facility certified after September 22, 1978, smoke stops are required in all corridors 100 feet long.

(10) There shall be at least two means of egress from each floor designated for public or resident use.

(11) The required means of egress shall:

(i) be remote from one another;

(ii) not pass through a bedroom or bathroom; and

(iii) not be obstructed at any time.

(12) Each required exit door shall be:

(i) at least 6 feet 8 inches high;

(ii) open in the direction of exit travel;

(iii) equipped with panic (quick release) hardware;

(iv) equipped with a self-closing device; and

(v) freely accessible at all times.

(13) Any window within 10 feet of an exterior fire stair shall be protected with wire glass, explosion-proof plexiglass, or an exterior screen of half-inch 28-gauge wire mesh.

(14) Illuminated exit signs shall be installed at each required exit.

(15) When the exit is not visible, illuminated directional exit signs shall be installed in all corridors to indicate the location of each means of egress.

(16) Emergency lighting which is listed by an acceptable testing laboratory and powered by battery or an automatic generator shall be installed in all exit hallways, stairwells and public areas.

(17) Fire extinguishers which meet National Fire Protection Association standards and which are appropriate for the type of fire which may occur at the site of installation shall be:

(i) placed at accessible locations on each floor and each wing;

(ii) wall-hung; and

(iii) properly charged and checked.

(18) Evacuation procedures which set forth emergency stations, the duties of all staff and residents, and directions for the rapid evacuation of the premises shall be posted in a conspicuous place on each floor and wing.

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

(i) smoking in other than designated areas;

(ii) portable electric space heaters;

(iii) self-contained, fuel-burning space heaters;

(iv) nonmetal containers for furnace ashes;

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

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

(vii) cooking appliances in resident's room; and

(viii) overloaded electrical circuits.

(20) At least one staff member on duty during each shift shall be familiar with the fire alarm systems and procedures for resetting these systems.

(g)Electrical systems.

(1) Electrical wiring and equipment shall be maintained and protected to prevent it from becoming a fire hazard or a source of ignition.

(2) Electrical wiring and equipment shall be firmly secured to the surface on which it is mounted.

(3) Overcurrent protection devices shall be maintained in safe operating condition, shall not be locked or fastened in the "on" position and shall be accessible.

(4) Electrical wiring and equipment shall be grounded to provide protection against shock.

(5) Flexible cord shall not be run through holes in walls, ceilings or floors; through doorways, windows or similar openings; attached to building surfaces; or concealed behind or under walls, ceiling, floors or floor coverings.

(h)Safety procedures.

(1) Access to toilets or bathing areas shall not be through another resident's bedroom.

(2) Access to resident bedrooms shall not be through other bedrooms, bathrooms or kitchens.

(3) Chain locks, hasps, bars, padlocks and similar devices shall not be used in any resident area in a way which would inhibit access to an exit or the free movement of residents.

(4) Doors in residents' sleeping rooms may be secured by the resident, provided such doors can be unlocked from the outside and keys are carried by staff assigned to the floor or wing at all times.

(5) Residents shall not have access to storage areas used for medications, cleaning agents, bleaches, insecticides or any other poisonous, dangerous or flammable materials.

(6) In a facility certified before October 1, 1978, signal bells, handbells, telephones or other systems audible to staff responsible for that floor or wing shall be available for emergency communication between resident bedrooms and staff stations.

(7) In a facility certified after October 1, 1978, a centralized emergency call system shall be installed. In facilities certified after September 1, 1984, the centralized call system shall be installed in all resident bedrooms, toilet areas and bathing areas.

(8) All corridors, interior and exterior stairways shall have handrails on both sides.

(9) Grab-bars shall be provided for toilets and in bathtubs and showers.

(10) Bathtubs and showers shall have nonslip protections.

(11) 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) must not attain a temperature in excess of 110 degrees Fahrenheit (43 degrees Celsius).

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

(13) Illumination shall be present at the entrance to each resident bedroom.

(14) In a facility certified after September 22, 1978, all rooms in resident-occupied areas, including bedrooms, shall have general lighting switches at the entrance to each room.

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

(16) A hallway or corridor shall not be used for storage.

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

(18) Polishes used on floors shall provide a nonslip finish.

(19) The floor area immediately adjacent to a shower or tub shall have a nonslip surface or a nonslip mat.

(i)Furnishings and equipment.

(1) The operator shall provide furnishings and equipment which do not endanger resident health, safety and well-being, and which support daily activities and are appropriate to function.

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

(3) All upholstery materials, carpets and similar floor coverings, installed on or after October 1, 1978, shall be moisture- and soil-resistant, except on furniture provided by the resident and the property of the resident.

(4) Each operator shall furnish each resident with the following minimum bedroom equipment:

(i) a standard single bed, well constructed, in good repair, and equipped with:

(a) clean springs maintained in good condition;

(b) a clean, comfortable, well-constructed mattress, standard in size for the bed; and

(c) a clean comfortable pillow of average bed size.

(ii) a chair;

(iii) a table;

(iv) a lamp;

(v) lockable storage facilities, which cannot be removed at will, for personal articles and medications;

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

(vii) a hinged entry door.

(5) Rollaway beds, metal cots or folding beds shall not be used.

(6) Beds with side rails or beds in excess of 36 inches high shall not be used, except in sick bays.

(7) Each resident shall be supplied with:

(i) two sheets;

(ii) pillowcase;

(iii) at least one blanket;

(iv) a bedspread;

(v) towels and washcloths;

(vi) soap; and

(vii) toilet tissue.

(8) Bed linens, blanket, spreads and towels shall be:

(i) clean and washable;

(ii) free from rips and tears; and

(iii) available when charges are necessary.

(9) A complete change of bed linens, towels and washcloths shall be provided to each resident at entry, at least once a week, and more often if needed.

(10) The operator shall maintain a bed linen inventory equal to at least double the average daily census of the facility.

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

(12) All operable windows shall be equipped with screens.

(13) Light fixtures shall be shaded.

(14) Dining areas shall be furnished with dining tables and chairs appropriate to the size and function of the facility.

(15) Living rooms, sitting rooms, lounges and recreation areas shall be furnished with tables, chairs, lighting fixtures and other equipment appropriate to the size and function of the specific area and of the facility.

(16) The food preparation and service area shall be provided with sufficient and suitable space and equipment to maintain efficient and sanitary operation of all required functions, in compliance with the New York State Sanitary Code (10 NYCRR Part 14).

(j)Housekeeping.

(1) The operator shall maintain a clean and comfortable environment.

(2) All areas of the facility shall be free of vermin and rodents.

(3) All areas of the facility, including but not limited to the floors, walls, windows, doors, ceilings, fixtures, equipment and furnishings, shall be clean and free of odors.

(4) Blankets, bedspreads, pillows and other furnishings shall be laundered as often as necessary for cleanliness and freedom from odors.

(5) It shall be the responsibility of the operator to launder the personal washable clothing of residents at no additional charge. The operator may provide the facilities and supplies for residents who choose to launder their own personal clothing.

(k)Maintenance.

(1) The operator of each facility shall insure the continued maintenance of the facility.

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

(3) All equipment and furnishings shall be maintained in a clean, orderly condition and in good working order.

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

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

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

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

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

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

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

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

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

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

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

(15) To ensure safe, proper operating conditions, the following systems and equipment must be inspected or tested by a service company at least once every 12 months, or more frequently if required by local codes:

(i) smoke detection systems;

(ii) fire alarm system;

(iii) sprinkler system;

(iv) fire extinguishers;

(v) heating system;

(vi) elevators;

(vii) water supply, if other than a municipal system.

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

(17) In a facility of 25 beds or more certified after September 22, 1978, at least one janitor's closet shall be required. It shall be adequately ventilated to the outside and equipped with a water supply and a janitor's sink.

(l)Space requirements for adult homes.

(1) Space in a facility must be used exclusively for the purposes set forth in this Part. An operator may request prior permission, in writing, to utilize space for other activities. The operator must demonstrate that the proposed use is not incompatible with the facility program, will not be detrimental to residents, and complies with applicable local codes. A request to use resident bedrooms for another purpose must include a request for an equal reduction in the certified capacity of the facility.

(2) Every facility shall have space for dining and separate space for leisure.

(3) Space leased for administration, sleeping or passage shall not be considered as dining or leisure space.

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

(5) Space provided for dining shall be at least 15 square feet per certified bed.

(6) Space provided for leisure shall be at least 20 square feet per certified bed.

(7) In a facility with 25 or more beds, leisure areas shall not be confined to a single room.

(8) If an operator is unable to satisfy the requirements for dining and leisure space set forth in paragraphs (2), (5) and (6) of this subdivision, the operator may make written request for an exception. At a minimum, the operator shall be required to provide at least 12 square feet per certified bed for dining, and 15 square feet per certified bed for leisure. Actual space requirements will be conditioned by physical layout and subject to onsite review and written department approval.

(9) Space shall be provided for administrative activities and records.

(10) Space shall be provided for storage of equipment and supplies.

(11) The operator shall maintain areas suitable for posting required notices, documents and other written materials in public locations visible to, and accessible to, residents, staff and visitors.

(12) The operator shall provide space for residents to meet privately with staff of the facility, visitors or other service providers.

(13) Baths and toilet facilities.

(i) There shall be a minimum of one toilet and one lavatory for each six residents, and a minimum of one tub or shower for each 10 residents.

(ii) All toilet and bathing areas shall be vented by means of natural or mechanical ventilation to the outside air.

(iii) All toilet and bathing areas shall be adequately lighted.

(iv) All toilet and bathing areas shall be properly enclosed and separated by ceiling-high partitions and doors.

(14) Bedrooms.

(i) All bedrooms shall be:

(a) above grade level;

(b) adequately lighted;

(c) adequately ventilated; and

(d) lockable by the resident via an appropriate locking mechanism, with only the resident and appropriate staff having access.

(ii) Light and ventilation for bedrooms shall be by means of windows in an outside wall.

(iii) Bedrooms shall open directly into a route of egress.

(iv) Bedrooms may not be used as a passageway, corridor or access to other bedrooms.

(v) In a facility certified after September 22, 1978, bedrooms shall be limited to single or double occupancy.

(vi) Single bedrooms shall have a minimum floor area of 100 square feet, exclusive of foyer, wardrobe, closets, lockers and toilet rooms.

(vii) Double bedrooms shall have a minimum floor area of 160 square feet, exclusive of foyer, wardrobe, closets, lockers and toilet rooms.

(viii) Notwithstanding subparagraph (vi) of this paragraph, any single bedroom in use and approved by the department or the board of social welfare as of September 22, 1978 which:

(a) provides a minimum of 85 square feet, exclusive of entrance way and closet space, and is equipped as required by paragraph (i)(4) of this section, may continue to be used;

(b) has less than 85 square feet, exclusive of entrance way and closet space, shall no longer be used as a bedroom after a change of operator occurs.

(ix) Notwithstanding subparagraph (vii) of this paragraph, any double bedroom in use and approved by the department or the board of social welfare as of September 22, 1978 which:

(a) provides a minimum of 70 square feet per resident exclusive of entrance way and closet, provides a minimum of 3 feet between beds and is equipped as required by paragraph (i)(4) of this section may continue to be used;

(b) has less than 70 square feet per resident, exclusive of entrance way and closet space, shall no longer be used as a double bedroom after a change of operator occurs.

(x) Not more than two residents shall share a bedroom; however, if a bedroom was used for more than two residents as of September 22, 1978, and such use was approved by the department or the board of social welfare, such bedroom may continue to be used under the conditions set forth in subparagraph (ix) of this paragraph.

(15) All facilities shall, with the cooperation of the telephone company, have at least one telephone available for outside calls for every 40 residents or portion thereof. The operator may impose equivalent charges for use.

(m)Heating.

(1) The facility shall have a permanently installed heating system capable of maintaining required temperatures.

(2) When the outside temperature is 65 degrees Fahrenheit (18 degrees Celsius) or less, the inside temperature in resident bedrooms and common areas shall be, at a minimum, 68 degrees Fahrenheit (20 degrees Celsius).

(3) When the outside temperature exceeds 85 degrees Fahrenheit (30 degrees Celsius) the operator shall:

(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 § 487.11

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