(b) Facilities certified or recertified prior to August 1, 2007 shall by virtue of such certification or recertification, be presumed to have demonstrated compliance with the safety and welfare requirements for purposes of certification by OPWDD. If a requirement in this Subpart is more rigorous than what was previously required of existing facility (e.g., number of individuals per bedroom) and if the strict application of the provisions of this Subpart would result in unreasonable hardship upon the facility, then based on the facility's previous compliance, the facility is to be considered in compliance with this section. However, any changes, modifications or upgrading of the facility that are made shall be in compliance with the requirements of this section.

1. (1) Habitable space shall be provided with natural light.
2. (2) The use of portable or temporary space heaters as the sole source of heat is prohibited. However, exceptions for cause for temporary supplemental use may be granted where the commissioner has determined that the safety and welfare of the persons receiving services in the facility have not been compromised.
3. (3) General plumbing systems shall be maintained in good, safe, sanitary and serviceable condition.
4. (4) Water shall conform to the chemical and bacteriological quality standards for potable water established by the health authority having jurisdiction. For facilities having a private water source for drinking or cooking purposes, the facility shall test the private water source on at least an annual basis to ensure that the water conforms to such established standards.
5. (5) Private sewage disposal systems (e.g., septic systems) shall conform to the regulations of the authority having jurisdiction.

6. (6) The facility must have and maintain active telephone service.

   1. (i) Cellular and/or landline services must be used to meet this requirement.
   2. (ii) If cellular telephone service is not available at a location at all times, landline telephone service is required.
   3. (iii) Landline telephone service, where provided, must consist of one or more of the following types of land based transmission: cable, microwave, fiber optic, or copper wire.
   4. (iv) Landline telephone service must remain in working order and function during power outages or be backed up by immediately available cellular service.
7. (7) The facility shall notify OPWDD immediately of anticipated or actual termination of any service vital to the continued safe operation of the facility or the health of persons receiving services and personnel, including, but not limited to the following services: telephone, electric, gas, fuel, water, septic tank, heat, air conditioning, contract food services, contract laundry services, smoke detection equipment or heat detection equipment or sprinkler systems. All situations which, in the reasonable opinion of the agency, are of a minor or merely inconvenient inconsequential nature to persons receiving services in the facility, and which can be remedied in a short term, timely fashion, need not be reported. The facility is to promptly apply remedial measures to correct the circumstances described above.

8. (8) Smoking is prohibited inside all residential, day program, and clinic facilities that are operated or certified by OPWDD (except supportive CRs and IRAs), but may be permitted on the grounds of facilities, in accordance with section 633.23 of this Title. When smoking is permitted in designated outdoor smoking areas, these areas must be:

   1. (i) equipped with appropriate non-combustible disposal receptacles for ashes, tobacco, and other smoking remnants; and
   2. (ii) properly maintained, with routine emptying of disposal receptacles and removal of potential fire hazards (e.g., cigarette butts and paper products).

(c) Physical plant requirements.

(d) For the purpose of obtaining an initial operating certificate on or after August 1, 2007 all supervised community residences, intermediate care facilities for persons with developmental disabilities, private schools, and supervised IRAs housing nine or more persons, in addition to the requirements of subdivision (a) of this section, shall comply with the following requirements:

1. (1) The maximum number of beds in any bedroom of these residential facilities shall be two. However, exceptions for cause may be granted by the commissioner. Facilities certified prior to May 1, 1990, may continue their existing bedroom capacity configuration.
2. (2) Bedrooms shall provide at least 70 square feet per person, exclusive of closets, in multiple sleeping rooms; and not less than 80 square feet, exclusive of closets, in single bedrooms.

(e) For the purpose of obtaining an operating certificate, all supervised community residences, IRAs housing nine or more persons and intermediate care facilities for persons with developmental disabilities, in addition to the requirements of subdivisions (a), (b) and (c) of this section, shall comply with the following requirements:

1. (1) Automatic detection and alarm devices.

   1. (i) All required heat and smoke-detecting services shall be interconnected as necessary to ensure that activation of anyone device will sound an alarm that is audible throughout the facility. Heat-detecting devices shall be either the rate-of-rise or fixed self-restorative type.
   2. (ii) A smoke detector shall be installed in each bedroom.
   3. (iii) A smoke detector shall be installed in each corridor adjacent to sleeping rooms. In corridors or adjacent open areas such as living rooms, dining rooms or recreation rooms, smoke detectors shall be installed at a maximum of 30 feet on center and no more than 15 feet from a wall.
   4. (iv) A smoke detector shall be installed at the head of each open stairway located within the facility; or a smoke detector shall be installed within six feet of the bottom opening of a stairway that is enclosed at the top.
   5. (v) At least one smoke detector shall be installed in basements (see section 635-99.1 of this Part) and at least one heat detector installed in accessible and usable attics at a ratio of one detector for each 1,000 square feet of floor space. Additional detectors may be required for those basements and attics subdivided by partitions.
   6. (vi) A heat detector shall be installed in kitchens.
   7. (vii) A heat detector shall be installed in storage rooms and near a furnace, boiler or any heat producing equipment located within the facility.
2. (2) An area shall be set aside and furnished specifically for dining, allowing a minimum of 15 square feet per individual residing at the facility; except that 27 square feet per individual who is nonambulatory shall be provided where such person(s) are to be admitted. Said area may be of a multi-purpose use nature, but if so, it shall not be furnished, configured or utilized in any manner which compromises its primary function as dining space.
3. (3) Space for staff work areas shall be provided in the facility. The location and amount of space shall be determined by the types of services offered by the facility and the characteristics of the individuals who reside at the facility. Each facility that provides sleeping quarters for staff shall also have space for at least one staff work area.
4. (4) Habitable space for lounge, communal living or other nonprogram space shall be provided in the facility of at least 25 square feet per person.
5. (5) A separate source of hot water or a booster heater or a valve system shall be provided for dishwashers and other appliances requiring temperatures in excess of 110 degrees Fahrenheit, except in areas utilized to train individuals in the use and control of hot water.
6. (6) The sole use of thermostatically controlled mixing valves shall be unacceptable for achieving the correct water temperature, unless the facility is located in a building where the facility does not have control over the water supply.
7. (7) Shower mixing valves shall be of the pressure balance type.
8. (8) Steam pipes and steam radiators, with which individuals may come in contact within the facility, shall be shielded. Hot water radiators that present a burn hazard to individuals shall also be shielded.

(f) For the purposes of obtaining an operating certificate, all nonresidential facilities, in addition to the requirements of subdivisions (a), (b) and (c) of this section, shall comply with the following requirements:

1. (1) Occupied space shall have a minimum height of eight feet, measured from finished floor to finished ceiling.
2. (2) Paint shops, storage and service rooms, or spaces where flammable materials are stored or used shall be enclosed by construction having a fire-resistance rating of at least two hours.

(h) All facilities, except family care homes and IRAs for eight or fewer persons, shall comply with the following requirements:

1. (1) Toilet rooms and bathrooms shall provide personal privacy.
2. (2) Safe, continuous and unobstructed exits are maintained from the interior of a facility to the exterior at a street or to a yard, courtyard or passageway leading to an open public area. A landlocked courtyard must have unrestricted access to a location which is at least 30 feet away from the building.
3. (3) All ramps, doors, handrails, elevator controls, telephones and similar devices installed for use by individuals with physical disabilities, are in an operable/usable condition.
4. (4) At least one fire extinguisher equal to Class-1-A-5BC, 2.5 pound unit, approved and labeled by the Underwriters Laboratories, is located in an accessible place on each floor. Extinguishers are tested and recharged in accordance with the recommendations of the manufacturer and the NFPA.
5. (5) The maintenance and/or cleaning of any heating, air conditioning and/or air filtration equipment, and fire protection equipment, shall be performed on a regular basis and in accordance with the recommendations of the manufacturer.
6. (6) Cleaning and maintenance of the physical plant shall be performed on a regular basis.
7. (7) Any hazardous conditions that present a threat to an individual's safety or welfare shall be repaired in a timely fashion.
8. (8) When required by other State agencies, the facility shall keep records that document compliance with the sanitation, health and environmental safety codes of New York State or the City of New York.
9. (9) Door stops, wedges or other nonautomatic releasing hold-open devices are not used on openings in fire walls, fire separations and smoke barriers.
10. (10) Heating, ventilation and air conditioning equipment is operable, as appropriate.

11. (11) There is a communication system which ensures the following:

    1. (i) the prompt contacting of on-duty personnel; and
    2. (ii) the prompt notification of responsible personnel in the event of an emergency.

(i) In addition to the requirements of subdivision (h) of this section, all supervised community residences, IRAs housing nine or more persons and all intermediate care facilities for persons with developmental disabilities shall also comply with the following requirements:

1. (1) There is documentation that all heat and smoke-detecting alarm devices have been tested quarterly.
2. (2) The temperature of the hot water at all faucets accessible to persons residing in the facility does not exceed 110 degrees Fahrenheit except in areas utilized to train individuals in the use and control of hot water.
3. (3) There are insect screens on all windows used for ventilation.

(j) In addition to the requirements of subdivision (h) of this section, supportive community residences shall also comply with the following requirements:

1. (1) The exit and directional signs (where required by the Uniform Code or the Building Code of the City of New York) are kept illuminated at all times the facility is occupied.
2. (2) There are insect screens on all windows used for ventilation.