OMH-32-11-00008-P Carbon Monoxide Detector Use in Residential Programs

8/10/11 N.Y. St. Reg. OMH-32-11-00008-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 32

August 10, 2011

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. OMH-32-11-00008-P

Carbon Monoxide Detector Use in Residential Programs

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

Proposed Action:

This is a consensus rule making to amend Parts 594 and 595 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, sections 7.09 and 31.04

Subject:

Carbon monoxide detector use in residential programs.

Purpose:

To conform to non-discretionary statutory requirements regarding the use of carbon monoxide detectors in OMH-licensed housing.

Text of proposed rule:

A new paragraph (4) is added to section 594.16(a) of Title 14 NYCRR and the existing paragraph (4) is renumbered as paragraph (5) to read as follows:

(4) Each type of residence housing children and adolescents shall provide carbon monoxide detectors, as per the Residential Code of New York State, the Fire Code of New York State, Subdivision 5-a of Section 378 of the New York Executive Law ("Amanda's Law") and Local Law #7 for residences in New York City, as applicable.

(i) Carbon Monoxide detectors shall be installed in locations as required by applicable law and according to manufacturer's directions and specifications.

(ii) Carbon monoxide detectors shall be battery operated, plug-in type or hardwired, in accordance with applicable law.

(iii) Inspections and tests of carbon monoxide detectors shall be made in accordance with manufacturer's directions and specifications. Written documentation of such testing shall be maintained for review.

[(4)](5) Residences must possess a valid certificate of occupancy or other documentation, which, in the opinion of the Office of Mental Health, satisfies the intent of a certificate of occupancy.

A new subparagraph (iii) of Section 595.15(a)(2) of Title 14 NYCRR is added to read as follows:

(iii) Residential programs, or portions of residential programs located in buildings not fully controlled by the sponsoring agency or other Office of Mental Health-approved entity are required to provide carbon monoxide detectors, as per the Residential Code of New York State, the Fire Code of New York State, Subdivision 5-a of Section 378 of the New York Executive Law ("Amanda's Law") and Local Law #7 for residences in New York City, as applicable.

(a) Carbon Monoxide detectors shall be installed in locations as required by applicable law and according to manufacturer's directions and specifications.

(b) Carbon monoxide detectors shall be battery operated, plug-in type or hardwired, in accordance with applicable law.

(c) Inspections and tests of carbon monoxide detectors shall be made in accordance with manufacturer's directions and specifications. Written documentation of such testing shall be maintained for review.

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

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

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

This rule making is filed as a Consensus rule on the grounds that its purpose is to update safety standards which apply to residential programs for adults diagnosed with mental illness and licensed pursuant to Article 31 of the Mental Hygiene Law, and Office of Mental Health-licensed housing programs for children and adolescents with serious emotional disturbance. It is believed that no one is likely to object to these changes as they are technical in nature and conform to non-discretionary statutory requirements.

The rule making amends 14 NYCRR Part 594 and 595 by including standards regarding the use of carbon monoxide detectors in residential programs licensed by the Office of Mental Health. Subdivision 5-a of Section 378 of the Executive Law ("Amanda's Law" - Chapter 367 of the Laws of 2009) establishes the criteria for the use and placement of carbon monoxide detectors. In addition, the rulemaking includes standards that are consistent with the Residential Code of New York State, the Fire Code of New York State and Local Law #7 for residences in New York City.

Statutory Authority: Sections 7.09 and 31.04 of the Mental Hygiene Law grant the Commissioner of the Office of Mental Health the authority and responsibility to adopt regulations that are necessary and proper to implement matters under his/her jurisdiction and to set standards of quality and adequacy of facilities, equipment, personnel, services, records, and programs for the rendition of services for persons diagnosed with mental illness, pursuant to an operating certificate.

Job Impact Statement

A Job Impact statement is not being submitted with this notice because it is evident from the subject matter of the amendments that they will have no impact on jobs and employment opportunities. The rule merely serves to update existing regulations regarding the use of carbon monoxide detectors in OMH-licensed housing programs for children and adolescents with serious emotional disturbance and residential programs for adults with mental illness that are licensed pursuant to Article 31 of the Mental Hygiene Law. These amendments conform to non-discretionary statutory requirements and will have no impact upon jobs or employment.