1. (1) In addition to the facilities in the community residence class known as supervised community residences and supportive community residences, there shall be a class of facility known as an individualized residential alternative.
2. (2) A facility in this class housing nine or more persons shall meet the physical plant, Life Safety Code and environmental requirements for supervised community residences listed in sections 635-7.1, 635-7.2 and 635-7.3 of this Title.
3. (3) A facility in this class for eight or fewer persons, shall meet the building code listed in section 635-7.1(h)(1)(ii) of this Title or for New York City in section 635-7.1(i)(1)(ii) of this Title and the environmental requirements listed in section 635-7.4(b)(3) of this Title. Additionally, if the occupants of such facility cannot be evacuated to either a point of safety or the exterior in three minutes or less, the facility shall meet the Life Safety Code requirements listed in section 635-7.2(a)(1)(iii) of this Title.
4. (4) An individualized residential alternative shall meet the requirements of this Part as set forth in sections 686.1, 686.2, 686.3, 686.4, 686.5, 686.9, 686.15(a)(1)-(3) (as appropriate) and 686.16 of this Part.
5. (5) Each facility in this class shall ensure the provision of, or provide as its minimum responsibility, protective oversight (see glossary) appropriate to the person's needs.

6. (6) A facility receiving an operating certificate as an individualized residential alternative, shall develop a site specific written plan for protective oversight. The plan shall include provisions for ensuring:

   1. (i) The assessment of each person's need for the amount and type of supervision necessary including both staff and/or technology as appropriate to the person and circumstance.
   2. (ii) The use of appropriately trained substitute personnel when the primary assigned personnel are unavailable.
   3. (iii) The establishment of qualifications and training requirements of those responsible for supervision.
   4. (iv) The establishment of a process whereby the person's continuing need for the originally recommended amount and type of protective oversight can be periodically reviewed, and modified as necessary.

7. (7) For the purposes of compliance with site selection requirements, the provisions of section 41.34 of the Mental Hygiene Law shall apply to a facility certified as an individualized residential alternative as follows:

   1. (i) Facilities of 4-14 beds where on-site supervision is provided.

   2. (ii) Facilities of 1-3 beds where on-site 24-hour per day supervision is provided.

      (b) Standards of certification.

8. (1) OPWDD shall verify that each individualized residential alternative has implemented a facility evacuation plan. OPWDD shall verify that staff and persons residing in the facility are trained and evaluated regarding their performance of said plan.
9. (2) For individualized residential alternatives of eight or fewer beds, OPWDD shall verify that each person's individualized services plan (see glossary) contains a current evaluation of the fire evacuation capacity of the person based on actual performance. OPWDD shall verify the accuracy of the information in each person's individualized services plan relative to fire evacuation performance.
10. (3) OPWDD shall verify that each person has a plan for protective oversight, based on an analysis of the person's need for same, and that such need has periodically, but at least annually, been reviewed, revised as appropriate, and integrated, as appropriate, with other services received.

11. (4) OPWDD shall verify that persons living in the facility are receiving appropriate protective oversight in accordance with the following:

    1. (i) any parties with supervision responsibilities have received training appropriate to the protective oversight needs of the persons in the facility including, but not limited to, first aid;
    2. (ii) any parties with supervision responsibilities are aware of the specifics of each person's plan for protective oversight; and
    3. (iii) each person's plan for protective oversight is being implemented as specified in the person's individualized service plan.
12. (5) OPWDD shall verify, in facilities of eight beds or less that the alarms of fire detectors installed pursuant to section 635-7.4(b)(3)(v) of this Title are clearly audible in sleeping areas with intervening doors closed.

(a) Principles of compliance.