(i) Outside the City of New York. The code is published by the New York State Department of State, 41 State Street, Albany, NY 12231-0001; or is available for review during business hours and by appointment at the following locations:

(ii) In the City of New York. The code is published by the City Record, 2208 Municipal Building, New York, NY 10007; or is available for review during business hours and by appointment at the following locations:

(i) Where the facility is located in a one- or two-family dwelling (see section 635-99.1 of this Part), either:

(ii) Multiple dwelling. Classification R-2, in all other instances.

(i) Residential occupancy group. Classification J-3 where any home is located in a one- or two-family dwelling;

(ii) Residential occupancy group. Classification J-2 in all other instances.

(i) a certificate of occupancy, or equivalent, which documents the building's compliance; or

(ii) if the applicant is unable to obtain such a certificate, a signed report from a New York State licensed architect or engineer that describes the home's compliance and any effect noncompliance could have on the health, safety and welfare of the occupants.

(i) No bed shall be located in an attic, stair hall, hallway, or room commonly used for other than bedroom purposes.

(ii) 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 residing in the home has not been compromised.

(iii) The home must have and maintain active telephone service.

(iv) The family care provider or the operator of the IRA shall notify OPWDD immediately of the anticipated or actual termination of any service vital to the continued safe operation of the home or IRA or the health of persons receiving services. This shall include but not be limited to the following services: telephone, electric, gas, fuel, water, septic tank, heat, air conditioning, smoke or heat detection equipment or sprinkler systems. All situations which, in the reasonable opinion of the family care provider or the operator of the IRA, are of minor or merely inconvenient, inconsequential nature to persons receiving services, and which can be remedied in a short-term, timely fashion, need not be reported. The family care provider or the operator of the IRA is to promptly apply remedial measures to correct the circumstances described above.

(v) Detection and alarm devices.

(vi) Fire extinguishers shall be portable and in accordance with the requirements of NFPA 10, and approved and labeled by the Underwriters Laboratories.

(vii) Steam pipes and steam radiators with which people receiving services may come in contact within the home or IRA shall be shielded. Hot water radiators that present a burn hazard to individuals (see section 635-99.1 of this Part) shall also be shielded.

(viii) The family care home or the IRA shall be of sufficient size to provide adequate and proper living accommodations for all residents of the household, including the individuals receiving services who reside in the home or the IRA.

(ix) Each individual shall have a separate bed and adequate storage provision for clothing and other personal possessions.

(x) No individual is to share a bedroom with more than one other person.

(xi) Food supplied to individuals shall be of good quality, properly prepared, and served in sufficient quantities and frequency to meet the dietary and nutritional needs of the individuals.

(xii) Toilet rooms and bathrooms shall provide personal privacy.

(xiii) Safe, continuous and unobstructed exits shall be maintained from the interior of the home or IRA 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.

(xiv) All ramps, doors, handrails, elevator controls, telephones and similar devices installed for use by individuals with physical disabilities are in an operable/useable condition.

(xv) Any hazardous conditions that present a threat to an individual's safety or welfare are repaired in a timely manner.

(xvi) The maintenance and/or cleaning of any heating, air conditioning and/or air filtration equipment has been performed on an annual basis. Such equipment shall be properly maintained and in working order.

(xvii) At least one fire extinguisher is located in an accessible place in or near the kitchen area. Extinguishers are tested and recharged in accordance with the recommendations of the manufacturer and the NFPA.

(xviii) Other fire protection equipment is maintained in accordance with the recommendations of the manufacturer.

(xix) The home or IRA shall be clean and well maintained.

(xx) In homes or IRAs with private water sources 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 the chemical and bacteriological quality standards for potable water established by the health authority having jurisdiction.

(i) equipped with appropriate non-combustible receptacles for ashes, tobacco, and other smoking remnants; and

(ii) properly maintained, with routine emptying of disposal receptacles and removal of potential fire hazards (e.g., cigarette butts and paper products).