City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Rochester City Council 11-28-1950 as revision of original adopted 3-2-1945. Amendments noted where applicable.]
GENERAL REFERENCES
Enforcement procedures — See Ch. 52.
[Amended 6-26-1962; 5-11-1976 by Ord. No. 76-169]
A. 
No person, firm, association or corporation shall, after March 1, 1951, operate or maintain a private proprietary hospital, private sanitorium, nursing home, convalescent home, home for the aged or for chronic patients or other private proprietary institution wherein over three human beings are receiving or may receive medical attention and/or nursing care and/or custodial supervision unless the person operating such private hospital, sanitorium, nursing home, convalescent home, home for the aged or for chronic patients or other private proprietary institution shall have procured a license to operate such a home at a specific address from the Commissioner.
[Amended 2-10-1981 by Ord. No. 81-45]
B. 
Any person, firm, association or corporation maintaining or operating any of the places of the type above set forth at the time this chapter takes effect shall apply for such a license between January 1, 1951, and March 1, 1951.
C. 
Notwithstanding the foregoing provisions, no institution subject to the other provisions of this chapter shall be required to obtain a license hereunder, provided that the following conditions are met:
(1) 
Such institution must be inspected at least annually, pursuant to state law, by the New York State Department of Health.
(2) 
Such institution must present a certified copy of its most current yearly rating certificate issued by said Health Department, certifying that such institution complies with the state law and the rules and regulations of the Health Department relating to the operation of such an institution.
[Amended 8-22-1958; 6-26-1962; 1-23-1968 by Ord. No. 68-18]
A. 
Application for licenses shall be made at the Permit Office. Such applications shall be in writing, shall contain such information as the Commissioner may require and shall be verified by the applicant.
[Amended 2-10-1981 by Ord. No. 81-45; 11-10-1992 by Ord. No. 92-403]
B. 
In addition to the information required in the application, the Commissioner shall have the right and authority to require such other pertinent information as may be necessary for the safety, health and morals of the public.
C. 
Upon receipt of such application, the Permit Office shall forward the same to the Commissioner. The Commissioner shall refer such application to the Monroe County Health Director, who shall make an investigation to determine the fitness and qualifications of the applicant to operate such home and cause an inspection of the premises set forth in the application to be made. If the Monroe County Health Director certifies to the Commissioner that, in his or her opinion, the person is fit and qualified to operate such a home, and the premises are satisfactory to him or her, the Commissioner shall refer such application to the Director of Buildings and the Fire Prevention Bureau. Inspection of the premises shall be made by the said Director of Buildings and the Fire Prevention Bureau who shall certify to the Commissioner whether the premises are safe and proper for the operation of such a home.
[Amended 11-10-1992 by Ord. No. 92-403; 2-14-2006 by Ord. No. 2006-22]
[Amended 8-22-1958; 6-26-1962; 1-23-1968 by Ord. No. 68-18; 2-10-1981 by Ord. No. 81-45; 11-10-1992 by Ord. No. 92-403; 2-14-2006 by Ord. No. 2006-22]
The Commissioner, upon receipt of certificates of approval from the Monroe County Health Director, the Director of Buildings and the Fire Marshal, shall issue a license if, in his or her judgment, public health, safety and welfare are not endangered by the operation of an institution on said premises.
[Amended 6-26-1962]
A. 
The Commissioner, at any time a subsequent inspection of the premises indicates that public health, safety and welfare are not secure by reason of the violation of the rules and regulations of the Commissioner promulgated pursuant to the terms of this chapter, or for any other cause, shall, after a hearing, have power to suspend or revoke the license herein provided for.
[Amended 1-23-1968 by Ord. No. 68-18; 2-10-1981 by Ord. No. 81-45]
B. 
All licenses, unless sooner revoked, shall expire on the last day of February after the date of issuance and applications for new licenses shall be made in the same manner as for the original license.
The annual fees for licenses shall be as follows:
Approved Beds
Fee
3 to 10
$20
11 to 20
$25
Over 20
$25
plus $ 1 for each additional bed
[Amended 6-26-1962; 1-23-1968 by Ord. No. 68-18; 2-10-1981 by Ord. No. 81-45]
The license issued by the Commissioner shall be posted in a conspicuous place in the building to which the license applies. Each license shall state thereon the type of care for which license was issued, whether nursing home or supervised boarding home.
[Amended 8-22-1958; 1-23-1968 by Ord. No. 68-18; 2-10-1981 by Ord. No. 81-45; 2-14-2006 by Ord. No. 2006-22]
The Commissioner and members of his or her staff and the Monroe County Health Director and his or her authorized representatives may enter upon any premises for which a license is sought or for which a license has been issued at any time for the purpose of inspection and examination.
[Amended 6-26-1962; 1-23-1968 by Ord. No. 68-18]
A. 
The Commissioner is hereby authorized to make necessary rules and regulations to carry out the purpose of this chapter, to protect the public health, safety and welfare, a copy of which rules and regulations shall be delivered to the applicant upon making application for license. The applicant shall sign a receipt for such rules, which receipt shall be a part of his or her application.
[Amended 2-10-1981 by Ord. No. 81-45; 2-14-2006 by Ord. No. 2006-22]
B. 
A copy of any new rules made by the Commissioner shall be mailed by first-class mail with delivery confirmation to each person licensed hereunder, and a copy of any special rules or regulations which are deemed necessary in individual cases shall be delivered either personally or by registered mail to the person and persons affected thereby.
[Amended 6-16-2009 by Ord. No. 2009-176]
[Amended 9-28-1965; 7-22-1969 by Ord. No. 69-329]
A violation of this chapter shall be punishable by a fine not exceeding $150 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment, or by a penalty not less than $25 nor more than $500, to be recovered by the City of Rochester in a civil action.
[Added 9-28-1965; amended 1-23-1968 by Ord. No. 68-18; 2-10-1981 by Ord. No. 81-45; 2-24-1981 by Ord. No. 81-55; 11-10-1992 by Ord. No. 92-403; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179]
For the purposes of this chapter, the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of Neighborhood and Business Development of the City of Rochester, or his or her legally designated representative.
DIRECTOR OF BUILDINGS AND ZONING or DIRECTOR
The Director of the Bureau of Buildings within the Department of Neighborhood and Business Development of the City of Rochester.