9 NYCRR Part 7439 - Executive Department

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Source version current through Mar 31, 2022

All 8 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7439.1 - Policy

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of this Part, the Office of Children and Family Services (OCFS) shall develop written policies and procedures that govern sanitation in each secure facility. The written policies and procedures shall be reviewed annually and updated as needed.

(b)OCFS shall require that each secure facility is maintained in a sanitary manner.

9 NYCRR 7439.2 - Definitions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

As used in this Part, the term living area shall mean an area in which the residents sleep, shower and participate in program and leisure activities.

9 NYCRR 7439.3 - General facility sanitation

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each OCFS secure facility shall develop written housekeeping procedures for all areas of the facility’s physical plant which shall provide for daily housekeeping and regular maintenance by assigning specific duties and responsibilities requiring that all areas of a facility are maintained in a sanitary manner.

(b)The facility director or designee shall require that residents confined in an OCFS secure facility maintain their living area in a sanitary manner.

9 NYCRR 7439.4 - Facility sanitation equipment

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)OCFS shall require that each secure facility maintain a sufficient inventory of sanitation equipment.

(b)All facility sanitation equipment shall be maintained in good condition and stored in a safe and secure manner.

9 NYCRR 7439.5 - Food service sanitation

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)OCFS shall require that the food service areas in each secure facility, including equipment and utensils, are maintained in a safe, secure and sanitary manner.

(b)OCFS shall specify the sanitary procedures which are to be employed in the food service areas of each secure facility.

(c)OCFS shall require that all persons working in the food service area of a secure facility conform to hygienic practices consistent with the State Sanitary Code.

9 NYCRR 7439.6 - Insect and rodent control

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

OCFS shall require each secure facility to develop and implement procedures designed to eliminate insect and rodent infestation. Consistent with such procedures:

(a)the facility director, or person acting in that capacity may prohibit or establish limitations regarding the accumulation of food items in rooms or living areas; and

(b)any pesticide applied in the facility shall be used consistent with the manufacturer’s recommendations and any applicable laws or regulations.

9 NYCRR 7439.7 - Sanitation inspections

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)OCFS shall require weekly sanitation inspections of all secure facility areas by a designated staff member. The results of each inspection shall be recorded in writing.

(b)Each OCFS secure facility shall be inspected annually by State or local sanitation and health officials to ensure compliance with all applicable laws and regulations. The results of each inspection shall be recorded in writing, together with a summary of any action taken to address any deficiencies, and maintained on file at the facility. There shall be documentation that deficiencies have been corrected. Such inspections conducted pursuant to this subdivision shall be designed to require compliance with the requirements of this Part and with the applicable provisions of the State’s Sanitary Code, set forth in Chapter I of Title 10 NYCRR.

(c)OCFS shall require that the secure facility’s potable water source, whether owned or operated by the public water department or by the secure facility, is certified in compliance with applicable laws and regulations.

9 NYCRR 7439.8 - Waste disposal

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

OCFS shall require that each secure facility provide for waste disposal which protects the health and safety of residents and staff and complies with all applicable laws, codes, rules and regulations.

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