N.Y. Comp. Codes R. & Regs. tit. 18, § 453.5
(a) General requirements.
(2) Staff/resident ratios.
(iii) During the nonbusiness sleeping hours, the following minimum number of staff must be on duty and onsite at all times:
| Range of number of residents in the facility | Minimum number of staff |
|---|---|
| 1-40 | 1 staff person |
| 41-80 | 2 staff persons |
| 81-120 | 3 staff persons |
| 121 and over | For each additional increment of 40 residents over 120, one additional staff person must be added upon entering into the next range of the number or residents. |
(v) During the nonbusiness waking hours the following minimum number of staff must be on duty and onsite at all times except where otherwise indicated:
| Range of number of residents in the facility | Minimum number of staff |
|---|---|
| 1-15 | 1 staff person |
| 16-20 | 1 staff person plus one staff person on call, or 2 staff persons |
| 21-35 | 2 staff persons |
| 36-50 | 3 staff persons |
| 51-65 | 4 staff persons |
| 66 and over | For each additional increment of 20 residents over 66, one additional staff person must be added upon entering the next range of the number of residents |
(vi) For all other hours, in accordance with the program and services provided pursuant to this Part, the following minimum number of staff must be on duty:
| Range of number of residents in the facility | Minimum number of staff |
|---|---|
| 1-10 | 1 employee onsite. For each additional increment of 10 residents, one additional on-duty staff person must be added upon entering the next range of the number of residents. |