1. (1) All residential programs shall be safe and suitable for the comfort and care of the resident. Residences shall be maintained in a good state of repair and sanitation.

2. (2) Code requirements.

   1. (i) Residential programs comprising the entire residential occupancy of a building, or programs in which the sponsoring agency or other Office of Mental Health approved entity otherwise controls the entirety of the building, shall meet the provisions of the appropriate chapter and section of the most current recognized edition of the National Fire Prevention Association (NFPA)—101 Life Safety Code (LSC) as noted in clauses (a)-(c) of this subparagraph. 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.

      1. (a) Newly constructed residences shall be governed by the appropriate chapter for new construction of the Life Safety Code. New residential programs which house 16 or few persons (excluding staff) shall specifically meet the provisions of the chapter on small facilities. New residences housing more than 16 residences shall specifically meet the provisions of the chapter on large facilities.
      2. (b) Existing buildings which are converted to use as residential programs shall be governed by the appropriate chapter for existing construction of the Life Safety Code. Existing residences housing 16 or fewer persons (excluding staff) shall specifically meet the provisions of the chapter on small facilities. Existing residences housing more than 16 residents shall specifically meet the provisions of the chapter on large facilities.
      3. (c) The applicable standards of the appropriate chapters of the LSC shall be based upon the anticipated evacuation capability of the residents to be housed.

   2. (ii) Residential programs, or portions of residential programs, located in buildings not fully controlled by the sponsoring agency or other Office of Mental Health approved entity are required to provide a smoke detection system satisfactory to the Office of Mental Health. A plan showing the proposed system must be submitted for review and approval.

      1. (a) Smoke detectors are required outside of each sleeping area in the immediate vicinity of the bedrooms, on each additional story of the living unit, including basements; and smoke or heat detectors in those areas separated by a door from the above required detectors.
      2. (b) Smoke and heat detectors may be powered by batteries, provided that the batteries are monitored. A distinctive trouble signal must be given before the battery is incapable of operating the device.
      3. (c) Tests or inspections, as recommended by the manufacturer, shall be made not less than once a month for other than battery-powered detectors and not less than once a week for battery-powered detectors. A record of these tests shall be maintained for review.

   3. (iii) Residential programs, or portions of residential programs located in buildings not fully controlled by the sponsoring agency or other Office of Mental Health-approved entity are required to provide carbon monoxide detectors, as per the Residential Code of New York State, the Fire Code of New York State, subdivision 5-a of section 378 of the New York Executive Law ("Amanda's Law") and Local Law No. 7 for residences in New York City, as applicable.

      1. (a) Carbon monoxide detectors shall be installed in locations as required by applicable law and according to manufacturer's directions and specifications.
      2. (b) Carbon monoxide detectors shall be battery operated, plug-in type or hardwired, in accordance with applicable law.
      3. (c) Inspections and tests of carbon monoxide detectors shall be made in accordance with manufacturer's directions and specifications. Written documentation of such testing shall be maintained for review.
3. (3) Residences must possess a valid certificate of occupancy or other documentation, which, in the opinion of the Office of Mental Health, satisfies the intent of a certificate of occupancy.

4. (4) All residential programs shall observe the following precautions:

   1. (i) A sufficient number of fire extinguishers, approved by the Underwriters Laboratories, shall be installed in accessible places on each floor. Fire extinguishers shall be tested and recharged in accordance with manufacturers' recommendations.
   2. (ii) Staff and residents shall be trained in the use of firefighting equipment, and in the means of rapidly evacuating the building.

   3. (iii) The following items are prohibited:

      1. (a) devices for heating, cooking, or lighting which use kerosene, gasoline, or alcohol;
      2. (b) portable propane devices for heating, cooking, or lighting; and
      3. (c) portable electric hot plates for cooking.

   4. (iv) The following items are allowed only with the explicit approval of the Office of Mental Health and with a description of the device in detail, including its safety features, potential hazards and proposed procedures for maintenance and operation:

      1. (a) electric space heaters;
      2. (b) wood or coal burning stoves for heating; and

      3. (c) fireplaces.

         (b) Design and space requirements.

5. (1) All residential programs shall:

   1. (i) Provide not less than 145 square feet of living space per resident. Living space shall include:

      1. (a) single bedrooms of at least 90 square feet and/or multiple bedrooms providing at least 75 square feet per resident, exclusive of closets. No more than two persons shall share a bedroom without the specific approval of the Office of Mental Health; and
      2. (b) support space of at least 55 square feet per person. Support space may include living rooms, dining rooms, lounge areas, kitchens and other such spaces as are accessible to residents and used in program activities. Bedroom space in excess of the required minimum may be credited toward meeting support space requirements.

   2. (ii) Be eligible, with the approval of the Office of Mental Health, for the following waivers, the total of which shall not exceed 10 square feet per resident:

      1. (a) up to 15 percent of bedroom space for one and two resident bedrooms; and
      2. (b) up to 10 percent of support space in congregate type residences; or
      3. (c) up to five percent of support space in service enriched single room occupancy residences.
   3. (iii) Insure that bedrooms and all required support space meet the requirements for habitable space as defined in the applicable building code.
   4. (iv) Provide a minimum of one toilet and one lavatory for each five residents and a minimum of one tub or shower for each eight residents or part thereof.

   5. (v) Provide the following equipment:

      1. (a) for each resident, a suitable, comfortable, bed and an adequate supply of clean linen. Cots shall not be used. High hospital-type beds shall not be used except for persons requiring them;
      2. (b) a chair, lamp, dresser, closet or wardrobe and, if possible, a desk or table for each resident, and curtains, shades, or blinds for each window.
   6. (vi) Maintain common areas in good condition and appropriately furnished.

6. (2) Each service enriched single room occupancy program:

   1. (i) shall meet all of the requirements of paragraph (1) of this subdivision;
   2. (ii) shall not exceed 100 bedrooms; and

   3. (iii) shall provide either:

      1. (a) common areas for food preparation and dining;
      2. (b) at least one kitchen/kitchenette for each six residents, or part thereof; or
      3. (c) at least one meal per day per resident prepared external to the premises; and

   4. (iv) shall provide access to cooking facilities for each resident's personal use. At least one kitchen/kitchenette shall be provided and accessible to each 12 residents, or part thereof. The Office of Mental Health may waive this requirement if an existing structure is being used and it would be too costly to renovate the facility to meet this requirement. In such cases, the applicant must submit a plan that provides residents with some access to cooking facilities for personal use.

      (c) Handicapped accessibility.

7. (1) Design and construction of new buildings and the alteration of existing buildings shall be in accordance with the requirements of Part 551 of this Title.
8. (2) Whenever one or more persons with physical disabilities reside in a residential program, the program activities shall, to the maximum extent feasible, occur in areas of the building which are accessible to such persons.

9. (d) Waiver from the provisions of this section may be granted by the Office of Mental Health upon its determination that approval of such a waiver will not adversely affect the habitability or safety of the program. Such determination will be based upon a review of the following criteria:

   1. (1) compensatory or other existing features which have the effect of reducing the impact of the proposed waiver;
   2. (2) the service needs of the population or individual served;
   3. (3) the operating history of the program and/or sponsoring agency requesting the waiver; or
   4. (4) the cost of meeting the requirements.

(a) Safety.