18 CRR-NY 442.17NY-CRR
18 CRR-NY 442.17
18 CRR-NY 442.17
442.17 Mother and baby facilities; special provisions.
A facility for the care and maintenance of not more than 10 mothers, who themselves are children as defined in section 441.2 of this Title, and 10 babies of such mothers, may be operated in compliance with the following standards, in lieu of those provided for in sections 442.6 and 442.7 of this Part or of any other sections of this Part which are inconsistent with this section. All other provisions of this Part shall otherwise be applicable to such facility, except the requirements contained in paragraphs (1) and (2) of subdivision (b) of section 442.4 of this Part that the facility must be in substantial compliance with the State Building Construction Code.
(a) Each facility which shall accept and care for newborn infants, those up to 28 day of age, or below the weight of five and one-half pounds, shall comply with the provisions of the rules of the Department of Health, relating to the care of such infants (Part 722 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York), in addition to such other provisions established by or under the Public Health Law for institutions for children.
(b) Plant and equipment.
(1) occupancy by mothers and babies shall not be permitted above the second floor of a building of wood frame construction, nor above the third floor in a building constructed of masonry exterior walls with wood frame floors.
(2) All buildings shall have smoke detectors in exit corridors, stairways, attics and basements.
(3) Buildings partially constructed of wood exceeding three stories in height shall be sprinklered throughout.
(c) Sleeping accommodations.
(1) A mother and her baby may occupy the same sleeping rooms or adjoining sleeping rooms.
(2) The minimum floor area of a single sleeping room occupied by a mother shall not be less than 80 square feet, and by a baby not less than 40 square feet.
(3) The minimum floor area of a multiple sleeping room for a mother shall not be less than 60 square feet and for baby not less than 40 square feet.
(4) No more than three mothers and no more than three babies shall occupy any sleeping room.
(5) The minimum horizontal dimension for a sleeping room shall be eight feet, except that for a single sleeping room occupied by a baby such dimension may be seven feet.
(6) Each mother or baby shall have a separate bed or crib which shall be at least two feet distant from any other bed or crib.
(7) Staff members shall be provided with sleeping quarters separate from those provided for the mothers and babies.
(d) Bathing and toilet facilities shall be provided as follows:
(1) Minimum requirements as to lavatories, tubs or showers:
| Mothers and children | Lavatories | Tubs or showers |
|---|---|---|
| 3–5 | 2 | 1 |
| 6–8 | 2 | 2 |
| 9–10 | 3 | 2 |
(2) At least one toilet shall be provided for every three mothers.
(3) Bathinettes, toilet training equipment and other necessities for infant bathings and toilet shall be provided.
(e) Day room or nursery.
A day room, or nursery, shall be provided for the babies; such day room or nursery shall be located within easy access to a direct exit from the floor, which floor shall be no more than one store above grade.
(f) Safety.
(1) Mothers and staff shall be instructed at regular intervals in evacuation of building.
(2) No infant shall be permitted to remain above the first floor unless attended by either its mother or a member of staff.
(g) Increased capacity.
(1) If a facility wishes to provide care and maintenance to more than 10 mothers and 10 babies of such mothers, the facility must first submit a written request for an increase in capacity to the appropriate office of the department, and receive the department's written approval.
(2) Approval of such a request is subject to both an assessment of the need for the mother and baby facility to care for additional residents and the ability of the facility to maintain the health and safety standards set forth in this section and to meet such other requirements of this section and this Part which the department deems appropriate.
18 CRR-NY 442.17
Current through July 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.