Village of Montebello, NY Article V Nursing Homes

§ 89-26 Applicability.

For the purpose of these regulations, nursing homes, rest homes and boarding homes for the aged are those buildings primarily used for the lodging and boarding of three or more persons who are in need of skilled nursing care or who, by reason of age, illness, disease, injury, convalescence or physical or mental infirmity, are unable to provide for their own needs and safety; or any home, institution, hotel, or other residential facilities or accommodations that holds itself out, advertises, or otherwise, in any form or manner represents that it is a facility for the aging, senior citizens or elderly citizens or which is in fact a home, institution, hotel, facility or accommodation wherein the guests, tenants, patrons or other inhabitants are of an average of 60 years or more, shall be deemed a private proprietary home for adults.

§ 89-27 Compliance required.

A. All institutional buildings for the care of our ill and aged, whether old or new construction, in addition to the requirements of other governmental agencies, must comply with the following minimum requirements:

(1) Buildings shall be structurally sound and maintained in general good order and condition.

(2) Two or more approved exits shall be provided from each occupied floor and basement and located as remote from each other as practicable, as directed by the Bureau of Fire Prevention.

(3) Exit doors shall have no locks preventing opening from the inside and, when deemed necessary by the Bureau of Fire Prevention, shall open outward and be equipped with panic hardware. There shall be no obstructions at any exit door.

(4) Exits shall be equipped with signs of eight-inch letters, lighted at all times by a keyless socket, and where not visible from all occupied portions of the building, additional similarly lighted directional signs shall be provided.

(5) Where fire escapes are provided as a means of egress, they shall be constructed of incombustible material, approved by the Bureau of Fire Prevention, maintained free of rust and disrepair, free of snow and, wherever practicable, shall be erected at a right angle to the building.

(6) All glazed openings under or adjacent to fire passageways or fire escapes shall be protected with one-fourth-inch wire glass to effect a minimum degree of safety for exterior means of egress.

(7) All halls and stairways, including those to the cellar and attic, shall be enclosed with approved, fire-resistive partitions and with self-closing, rated fire doors.

(8) Fire doors must be closed at all times. The use of fusible link devices is not permitted.

(9) Where the layout of hallways is circuitous or is of such lengths as to justify, in the opinion of the Bureau of Fire Prevention, a fire-retarded dividing partition, the same shall be installed.

(10) Corridor fire cutoff doors must be kept closed at all times, unless held open by an automatic release device approved by the Bureau of Fire Prevention. Automatic release devices consist of, but are not limited to, those which are activated by a smoke detection system, heat detection system, sprinkler alarm, fire alarm pull box or power failure.

(11) In all converted existing buildings of Type 3, 4, or 5 construction, New York State Uniform Fire Prevention and Building Code, the basement or cellar ceiling shall be fire retarded with wire lath and cement plaster, half-inch fire board with sealed seams or other approved surface fire retardant providing a minimum of one hour's resistance to fire.[1]

(a) Fire-retardant materials, either brushed or sprayed, must be an approved Class A fire-retardant coating, as defined in Pamphlet No. 7-033, Chapter 2, of the Standards of the National Fire Protection Association.

(b) Any such fire-retardant material shall have a flame spread and smoke development classification of not more than 25, as defined in such standards.

(c) Where fire-retarding materials are used, a notarized statement shall be furnished to the Bureau of Fire Prevention by the owner or administrative head, said statement confirming that the fire-retarding material has been applied in conformance with the manufacturer's specifications.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(12) All vertical openings shall be effectively firestopped.

(13) Heating shall be supplied only by central plants which shall be equipped with standard safety valves and controls and shall be regularly serviced and maintained in good operating condition.

(14) No electrical appliance producing heat shall be used, except pressing irons, which shall be equipped with a signal light which will remain lit when current is on, toasters and such other appliances as may be approved for use with service quarters.

(15) No space heater of any type shall be used.

(16) Certificates of approval of the New York Board of Fire Underwriters or other authorized agency covering all electrical wiring and fixtures shall be obtained, posted and renewed whenever new or additional electrical work is done.

(17) Only lamp cords bearing Underwriters' Laboratories labels, not exceeding eight feet in length, shall be used, and such cords shall be replaced when worn or damaged.

(18) No lighting, other than electric, shall be provided.

(19) Automatic emergency lighting shall be installed in all existing structures to provide adequate light in halls, corridors, stairs, dining rooms, recreation rooms, chapels and such other areas and for such other services as may be required by the Bureau of Fire Prevention.

(20) In all new buildings or future converted structures, automatic emergency generators shall be installed, as directed by the Bureau of Fire Prevention, and shall adequately provide power to supply emergency lighting and for such other services as may be required by the Bureau of Fire Prevention.

(21) Kitchens.

(a) Kitchens and serving pantries must be cut off from the remainder of the premises with fire-resistive walls and ceilings of a two-hour minimum rating in new construction or a one-hour minimum rating for existing construction.

(b) Door openings between kitchens and/or pantries and the dining rooms they serve shall be protected by Underwriters' Laboratories labels Class B, self-closing fire doors and assemblies in new construction or Class C in existing construction.

(c) Serving counter openings must be protected by automatic two-hour rated, self-closing doors in new construction or one-hour rated in existing construction.

(d) If kitchens and pantries are protected by an automatic sprinkler system, fire-resistance rating of walls and ceilings may be reduced to one hour, and doors to Class C in new construction.

(e) View panels will be permitted in fire doors, provided that they are protected by one-fourth-inch clear wire glass of no more than 100 square inches in area.

(22) Range hoods.

(a) Hoods equal to the length and breadth of the ranges and cooking equipment shall be provided. They shall be not more than seven feet above the floor and shall not be within 18 inches of any combustible material. They shall be provided with filters.

(b) Hoods shall be provided with mechanical exhaust ducts, which shall be connected to an independent chimney or stack, insulated from contact with combustible material and terminating above the roof.

(c) Exhaust ducts must be provided with an adequate number of access doors for easy inspection and cleaning.

(d) Hoods, ducts, chimneys and stacks must be cleaned as often as may be necessary, but not less than twice a year. A record shall be kept available for the inspector, showing date of cleaning and by whom cleaned.

(e) Hoods, ducts, chimneys and stacks shall be equipped with an approved automatic fire-extinguishing system. Where deep fryers are used, they shall also be so protected. Automatic extinguishing systems must be also provided with a manual device for activating same. All systems must meet the requirements of the New York Rating Organization, in addition to the requirements of the Bureau of Fire Prevention.

(f) Gas for cooking equipment shall be provided with an automatic shutoff device activated by the extinguishing system. Such shutoff device must be designed so that it can only be reset manually. Such automatic shutoff devices shall also be provided for deep fat fryers, but not for the electric range.

(g) Electric wiring under hoods shall be in conduit, and all fixtures shall be of a vaporproof type.

(h) Plans for automatic extinguishing systems and shutoff devices must be submitted to the Bureau of Fire Prevention for approval prior to installation.

(23) Smoking shall be permitted only under strict supervision.

(24) At least one attendant shall be maintained, awake and alert at all hours of the day and night, who shall make regular and frequent rounds of the building to ensure the prompt detection of fire.

(25) Capacity shall be limited to the number of patients, inmates or guests determined by the Bureau of Fire Prevention.

(26) An ambulatory patient shall be considered as one who, without aid, is physically and mentally capable of walking a normal path to safety, including the ascent and descent of stairs.

(27) Ambulatory patients may be on all floors above grade if the building is of Type 1 or 2 construction, as defined in the New York State Uniform Fire Prevention and Building Code, and built expressly for the purpose of being operated as a nursing home, rest home or boarding home for the aged. In buildings of Type 3, 4 or 5 construction, as defined in the State Uniform Fire Prevention and Building Code, ambulatory patients or guests may be on the first or second floor only.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(28) Non-ambulant and helpless patients are restricted to the first floor only, unless the building is Type 1 or Type 2 construction.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(29) Halls, aisles, stairways and areas adjacent to exits shall be free of obstruction at all times.

(30) Storage must be maintained neat and orderly and must be confined to essential materials. Where same constitutes a hazard, in the opinion of the Bureau of Fire Prevention, a fire-resistive enclosure must be provided.

(31) There shall be no storage of flammable liquids in the building, except those needed for patient treatment stored in such places and in such quantities as may be authorized by the Bureau of Fire Prevention.

(32) Oxygen storage rooms must be of fire resistive construction with adequate ventilation directly to the exterior. All lighting fixtures and switches must be of the approved explosion-proof type for those locations.

(33) No gasoline power mowers, tractors or other gasoline driven equipment shall be stored in any part of a nursing home, rest home or boarding home for the aged.

(34) All curtains and drapes must be flameproofed and a certificate furnished to the Bureau of Fire Prevention.

(35) Fire alarm pull stations shall be installed throughout the buildings with annunciator panels in areas of twenty-four-hour supervision and shall have a reasonable and distinctive signal audible throughout the building. Said system must be supervised closed circuit and provided with a trouble bell to be located in an area of twenty-four-hour supervision.

(36) Fire alarm and detection systems shall be provided with emergency standby power.

(37) Coded fire alarm systems shall be provided where deemed necessary by the Bureau of Fire Prevention.

(38) Gas meters and regulating equipment must be located on the exterior of the building.

(39) The telephone number of the Fire Department shall be prominently posted over all telephones and all personnel instructed to immediately call the Fire Department upon discovery of smoke or fire, regardless of the apparent extent or significance.

(40) Fire extinguishers, as may be required by the Bureau of Fire Prevention, shall be provided, properly hung and maintained as directed.

(41) All extinguishers shall be serviced annually and bear a tag showing the date and name of the person rendering the service.

(42) Tests of systems.

(a) Plans shall be formulated for the protection of the occupants in the event of fire and for their evacuation in an emergency, and all employees shall be instructed as to their duties under such plan. A log book shall be maintained containing certified monthly recordings of the following tests:

[1] Personnel fire drill. (All tours must participate, and they shall be assigned specific duties or post to be affected in the event of fire.)

[2] Emergency lighting and generator.

[3] Fire detection system.

[4] Fire alarm system.

[5] Staff instruction with fire extinguisher.

(b) All of the tests may be made on the same date but must be certified by separate signed entries. Failure to comply will constitute a violation upon the owner.

(43) Wherever unusual or extraordinary conditions exist, which constitute a fire hazard endangering occupants, such conditions shall be corrected in a manner satisfactory to the Bureau of Fire Prevention.

(44) All new or renovation work shall have noncombustible wall and ceiling surfaces. All existing combustible wall and ceiling surfaces must be fire retarded to the specifications of Subsection A(11).

(45) Plans for all new or renovation work shall be submitted to the Office of the Bureau of Fire Prevention for approval prior to construction, and other agencies which may have jurisdiction.