N.Y. Comp. Codes R. & Regs. tit. 14, § 589.15 – Determination of self-preservation.

(a) The evacuation capacity of recipients is a function of both the ability of the recipients to evacuate and the assistance provided by staff. Determination of satisfactory ability to evacuate should be made prior to admission to a residential program. Such a determination may be reached by review of the applicant’s history and a face-to-face interview which shows a capacity to evacuate equivalent to that of the general public. When uncertainty exists, a time drill may be used for a more objective measurement.
(b) Subsequent to admission; for a crisis residence, timed drills should be used to regularly evaluate the level of evacuation capability of program recipients. Translation of drill times to evacuation capability may be determined as:
1. (1) three minutes or less, prompt;
2. (2) over three minutes but not in excess of 13 minutes, slow;
3. (3) evacuation capability is based on the time of day or night when evacuation of the facility would be the most difficult (i.e., sleeping residents or fewer staff present). Recipients needing assistance in evacuating should be assisted by staff to the extent that assistance would be available at the time of day or night in an actual emergency.
(c) Fire exit drills shall be conducted in a crisis residence at least monthly at varying times of the day and night. Some drills may be announced in advance to the recipients. The drills shall involve the actual evacuation of all residents to an assembly point as specified in the emergency plan and shall provide residents with experience in exiting through all exits. Actual exiting from windows shall not be necessary to meet the requirements of this section. Opening the window and signaling for help shall be an acceptable alternative. Records should indicate the time to evacuate, date and times of day, location of simulated fire origin, the escape paths used and comments relating to residents who did not evacuate within the required time.
(d) Recipients and prospective individuals shall only reside in or be admitted to a type of residential program appropriate to the individual's evacuation capability.
1. (1) If a recipient or prospective individual is clearly capable of prompt evacuation, that individual may be admitted to or remain in any residential program of a type appropriate to their functional level.
2. (2) If a recipient or prospective individual fails to demonstrate a capability for prompt evacuation during a fire drill, the matter should be completely documented in the fire drill log and in the recipient’s record. Immediate steps should be taken to relocate the recipient to a location within the residence which will allow for easier egress for such time as is necessary until another fire drill can be conducted (no more than 14 days) and the recipient’s behavior observed again.
3. (3) If any recipient or prospective individual would be excluded from a residential program because of inability to evacuate within the time limits above, an evaluation shall be conducted as described in the most current recognized edition of the National Fire Protection Association 101A, Alternative Approaches to Life Safety. Said codes are published by the National Fire Protection Association, One Batterymarch Park, Quincy, MA 02269 and are available for review at the Department of State, Division of Administrative Rules, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231 and the Office of Mental Health, Bureau of Inspection and Certification, 44 Holland Avenue, Albany, NY 12229. If the resultant E-score yields an evacuation difficulty level of prompt, the applicant or resident shall not be excluded for failure to evacuate within the required time limit. If the resultant E-score yields an evacuation difficulty level of slow, the applicant or resident shall not be excluded solely for failure to evacuate within the required time frame from a facility that is constructed to meet the slow evacuator standards of the current recognized edition of the Life Safety Code.