N.Y. Comp. Codes R. & Regs. tit. 18 § 414.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 414.3 - Building and equipment

(a) Each applicant must submit to the office a diagram of the proposed school-age child care program at the time of application for registration.

(1) The diagram must be labeled with the planned occupancy or use of all areas of the building and all outside areas to be used or occupied by the school-age child care program. The diagram must show: room dimensions; the age group(s) using each room; the size of the group(s) using each room; kitchens and bathrooms for children and staff; exits; alternate means of egress; plumbing fixtures such as toilets, sinks and drinking fountains; and the outdoor play area showing its relationship to the building.

(2) Whenever change(s), addition(s) or expansion(s) are proposed which will affect, or reasonably may be expected to affect, those portions of the building designated for the care of children or for their egress in case of an emergency, the program must receive written approval from the office prior to initiating such change(s), addition(s), or expansion(s).

(b) Areas that will be used by the children must be well-lighted and well-ventilated. Heating, ventilation and lighting equipment must be adequate for the protection of the health of the children.

(c) Before any change is made, the office must be notified and must approve the re-designation of a classroom to a different age group of children.

(d) A temperature of at least 68°F must be maintained in all rooms to be occupied by children.

(e) Children who require a rest period must be provided with clean, safe and sanitary individual sleeping arrangements.

(f) Toxic paints or finishes must not be used on room surfaces, furniture or any other equipment, materials or furnishings which may be used by children or are within their reach.

(g) Peeling or damaged paint or plaster must be repaired.

(h) Concrete floors used by the children must be covered with appropriate material.

(i) Readily accessible outdoor play space which is adequate for active play must be provided. Outdoor space may include public parks, school yards or public play areas. A written diagram outlining how children will safely travel to and from this location must be developed and approved by the office.

(j)Toilet facilities and wash basins.

(1) Convenient, adequate and sanitary toilet facilities must be provided for the children in a separate, properly ventilated room readily accessible to children.

(2) Toilets must be in private stalls or have other provisions that ensure privacy.

(3) One sanitary toilet and one wash basin must be available for every group of 20 children, or part thereof.

(k) Adequate and safe water supply and sewage facilities must be provided and must comply with State and local laws. Hot and cold running water must be available and accessible at all times.

(l) All buildings used for school-age child care programs must remain in compliance with the applicable provisions of the Fire Code and Building Code of New York State or other applicable fire and building codes when the Fire Code and Building Code of New York State is not applicable.

(1) Any part of any building used as a school age child care program shall meet the requirements applicable under the Fire Code and Building Code of New York State or other applicable fire and building codes as appropriate to the ages of the children in care.

(2) Buildings, systems and equipment must be kept in good repair and operate as designed.

(m) The building number of the day care program shall be conspicuously displayed and visible from the street.

(n) Children must be accommodated in rooms having a minimum of 35 square feet for each child, unless the room is used solely for activities where children will be seated while working on a particular activity or skill, then the room shall have a minimum of 20 square feet for each child.

(1) Areas used for staff lounges, storage spaces, halls, bathrooms, kitchens and offices may not be used in calculating the 35 square feet per child requirement.

(2) When determining total program capacity, there must be 35 square feet per child available. Areas used for large motor activity may only be counted toward the 35 feet per child if this space is available and dedicated for the sole use of the program during program hours.

(o) There must be a separate quiet area, which can be adequately supervised, for children who become ill or who develop symptoms of illness.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 414.3

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020