OMH-35-12-00001-A Operation of Hospitals for Persons with Mental Illness

12/5/12 N.Y. St. Reg. OMH-35-12-00001-A

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 49

December 05, 2012

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

NOTICE OF ADOPTION

 

I.D No. OMH-35-12-00001-A

Filing No. 1170

Filing Date. Nov. 20, 2012

Effective Date. Dec. 05, 2012

Operation of Hospitals for Persons with Mental Illness

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of section 582.8 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, sections 7.09 and 31.04

Subject:

Operation of Hospitals for Persons with Mental Illness.

Purpose:

To add provisions regarding fire safety and smoking within buildings.

Text of final rule:

A new subdivision (e) is added to Section 582.8 of Title 14 NYCRR and the existing subdivision (e) is re-lettered as (f).

(e) Fire safety

(1) Training. Facilities shall provide fire safety training to all staff. Fire safety training shall address topics including, but not limited to:

(i) fire prevention;

(ii) discovering a fire;

(iii) operating the fire alarm system;

(iv) use of firefighting equipment; and

(v) building evacuation, including fire drill protocols that identify staff roles and locations where patients must assemble (i.e., assembly points).

(2) Fire Drills. On a quarterly basis, facilities shall conduct fire drills in each building that houses patients. At least 50 percent of such drills must be unannounced.

(i) For each quarter, each such building must have a minimum of one practice fire drill per shift.

(ii) Facilities must direct all staff members on all shifts to participate in fire drills.

(iii) Drills must be scheduled at varying times during a shift.

(iv) Use of alternative exits must be practiced during fire drills.

(v) Whenever practicable, drills shall involve the actual evacuation of patients to an assembly point as specified in the fire drill protocols. Consistent with Life Safety Code standards, in larger facilities that are subdivided into separate smoke compartments to limit the spread of fire and smoke and move patients without leaving the building or changing floors, evacuation may include relocation of patients to such compartments.

(vi) Properly documented actual or false alarms may be used for up to 50 percent of required drills for each shift, if all elements of the facility’s fire plan were implemented.

(vii) Facilities must document and maintain records regarding fire drill performance which include an evaluation of the results of the fire drill, any corrective action that may be required, and completion of steps taken to achieve such corrective action.

(3) Tests and Inspections. Facilities must routinely test and inspect all fire safety equipment according to applicable codes, regulations and manufacturer’s recommendations.

(i) All tests and inspections, and the dates conducted, shall be documented.

(ii) Facilities shall immediately correct, and document correction of, any deficiency noted during inspection and testing.

(4) Prohibited items.

(i) The following items are prohibited from use within any buildings on the grounds of the facility:

(a) devices for heating, cooking, or lighting which use kerosene, gasoline, wood, or alcohol;

(b) portable electric hot plates; and

(c) barbeque grills, which may only be used outside the building if located further than 30 feet away of any building structure, including overhangs, canopies or awnings.

(ii) The use of portable space heating devices is prohibited in patient sleeping and treatment areas of the facility, as well as in facility administrative offices. Use of a portable space heating device in any other building on the grounds of a facility shall be in accordance with guidelines of the Office, provided that:

(a) the unit has an Underwriters Laboratories (UL) certification mark;

(b) the unit is thermostat-controlled and has a tip-over cutoff device;

(c) the unit is plugged directly into a wall receptacle (no extension cords);

(d) combustible materials are not stored around or near the unit;

(e) at least a three-foot clearance around the unit is maintained; and

(f) the unit is not placed underneath a desk, furniture or other combustible items.

(5) Smoking. Facilities must not permit smoking within any buildings on the grounds of the facility. If smoking is permitted on the grounds of the facility, it shall be contained to a specific location(s) equipped with an approved non-combustible ash receptacle. Smoking shall not be permitted within 30 feet of any building structure, including overhangs, canopies or awnings.

Final rule as compared with last published rule:

Nonsubstantive changes were made in section 582.8(e)(2) and (4).

Text of rule and any required statements and analyses may be obtained from:

Sue Watson, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, [phone], email: [e-mail]

Revised Regulatory Impact Statement

A revised Regulatory Impact Statement is not submitted with this notice because the changes being made to the final version of the rule making are non-substantive. The changes serve to clarify the frequency and percentage of unannounced fire drills and the acceptable use of portable space heaters. The final rule allows for the use of portable space heating devices under certain circumstances, but their use shall remain prohibited in patient sleeping and treatment areas.

Revised Regulatory Flexibility Analysis

A revised Regulatory Flexibility Analysis for Small Businesses and Local Governments is not submitted with this notice because the changes being made to the final version of the rule making are non-substantive. The changes serve to clarify the frequency and percentage of unannounced fire drills and the acceptable use of portable space heaters. The final rule allows for the use of portable space heating devices under certain circumstances, but their use shall remain prohibited in patient sleeping and treatment areas.

Revised Rural Area Flexibility Analysis

A revised Rural Area Flexibility Analysis is not submitted with this notice because the changes being made to the final version of the rule making are non-substantive. The changes serve to clarify the frequency and percentage of unannounced fire drills and the acceptable use of portable space heaters. The final rule allows for the use of portable space heating devices under certain circumstances, but their use shall remain prohibited in patient sleeping and treatment areas.

Revised Job Impact Statement

A revised Job Impact Statement is not submitted with this notice because the changes being made to the final version of the rule making are non-substantive. The changes serve to clarify the frequency and percentage of unannounced fire drills and the acceptable use of portable space heaters. The final rule allows for the use of portable space heating devices under certain circumstances, but their use shall remain prohibited in patient sleeping and treatment areas.

Assessment of Public Comment

The agency received one letter of comment regarding the proposed rule making amending 14 NYCRR Part 582, “Operation of Hospitals for Persons with Mental Illness.” The commenter expressed the belief that the fire safety provisions added to Part 582 should ultimately result in safer facilities. The comment letter included the following two issues:

Issue: The commenter felt that clarification is needed regarding the frequency of unannounced fire drills and the percentage of unplanned fire drills.

Response: The Office agrees and has amended the regulation. The final regulation clarifies that at least 50 percent of fire drills must be unannounced. Further, the regulation also clarifies that properly documented actual or false alarms may be used for up to 50 percent of the required drills for each shift, assuming all elements of the facility’s fire plan were implemented.

Issue: The commenter expressed concern with the prohibition on the use of portable space heating devices. The commenter felt the language as written was overbroad in that it would prevent the use of portable heaters in buildings not housing patients, such as garages, storage buildings, guard/parking attendant booths and similar detached outbuildings.

Response: The Office agrees and has amended the regulation to allow for the use of portable space heating devices in buildings on the grounds of facilities that do not include patient sleeping and treatment areas. The use of portable space heaters must be in accordance with guidelines of the Office and meet the safety criteria listed in Section 582.8(e)(4)(ii) of Title 14 NYCRR.