N.Y. Comp. Codes R. & Regs. tit. 18 § 414.5

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

Section 414.5 - Safety

(a) Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety hazard.

(1) The program must take suitable precautions to prevent the following:

(i) serious injury of a child while in care at the program or being transported by the program;

(ii) death of a child while in care at the program or being transported by the program.

(b) The program must submit a written emergency plan and emergency evacuation diagram using forms furnished by the office or an approved equivalent form. Primary emphasis must be placed on the safe and timely evacuation and relocation of children. The plan must account for the variety of needs of children, including those with disabilities.

(1) The plan, as submitted with the application or changed thereafter, must be reviewed with the parents of the children in the program and all staff that work in the program.

(2) The emergency evacuation diagram, as approved by the office, must be posted in a conspicuous place in every room used by the school age child care program.

(3) The emergency plan must include the following:

(i) how children and staff will be made aware of an emergency;

(ii) a designation of primary and secondary evacuation routes;

(iii) methods of evacuation, including where children and staff will meet after evacuating the building, and how attendance will be taken;

(iv) a plan for the safe evacuation of children from the premises, for each shift of care (morning and afternoon);

(v) the designation of primary and secondary emergency relocation sites to be used in the case of an emergency, which prohibits re-entry to the child care premises, and how the health, safety and emotional needs of children will be met in the event it becomes necessary to evacuate to another location;

(vi) a strategy for sheltering in place, and how the health, safety and emotional needs of children will be met in the event it becomes necessary to shelter-in-place;

(vii) notification of authorities and the children's parents;

(viii) roles of staff; and

(ix) procedures related to the reunification of children and caretakers.

(4) Each program must hold two shelter-in-place drills annually during which procedures and supplies are reviewed. Parents must be made aware of this drill in advance.

(5) The program must maintain on file a record of each shelter-in-place drill conducted, using forms provided by the office or approved equivalents.

(6) Parents must be made aware of the primary and secondary relocation sites and any changes to the plan in advance. In the case that a program is directed to a different location by emergency services, the program must notify parents and the office as soon as possible. In the event that relocation is required, a written notice must be placed on the main entry to the child care space unless an immediate threat precludes the program from doing so.

(7) Each program must have on site a variety of supplies including food, water, first aid and other safety equipment to allow for the protection of the health and safety of children in the event parents are unable to pick up children due to a local disaster. The plan must take into account a child's needs for an overnight stay. Food supplies must be non-perishable and of sufficient quantity for all children for an overnight stay. Programs that serve food daily and have a food supply stored on site for their daily operation or are co-located at a site with a cafeteria, pantry or eatery of some kind are not required to store emergency food or water supplies if they can show that they have access to and permission to use those foods in a declared emergency.

(c) Portable electric heaters or other portable heating devices, regardless of the type of fuel used, may not be used in school-age child care programs.

(d) Whenever the heating system is in use, pipes and radiators accessible to children must have barriers or covers to protect children from injury, unless rooms are only used for sedentary activities such as homework, arts and crafts. Radiators and pipes accessible to children, located in rooms used for physical activity and active play must have barriers or covers to protect children from injury whenever the heating system is in use.

(e) Porches, decks and stairs must have railings with a barrier extending to the floor or ground to prevent children from falling. Acceptable types of barriers include, but are not limited to, banisters, intermediate rails, and heavy screening.

(f) Barriers must exist to prevent children from gaining access to unsafe areas. Such areas include, but are not limited to, swimming pools, drainage ditches, wells, ponds, or other bodies of open water, holes, wood and coal burning stoves, fireplaces, pellet stoves, permanently installed gas space heaters, or any other unsafe area.

(g) The use of pools that have not received a Department of Health permit to operate, spa pools and all fill-and-drain wading pools are prohibited.

(1) No child shall participate in aquatic activities including, fishing, boating, swimming or any other activity on a body of water without a certified lifeguard present.

(i) The certified lifeguard can be either a staff person of the program, or an employee of the venue.

(ii) If provided by the school age child care program, the certified lifeguard must be certified for the body of water they are supervising children in or near.

(2) No child shall participate in activities at or near a body of water, without a staff person who is certified in cardio-pulmonary resuscitation and first aid present.

(3) Only those swimming pools and bathing beaches that have a valid permit to operate issued from the local health department having jurisdiction for the bathing facility or those operated by a government agency may be used.

(4) The program shall develop and implement a method to keep track of the location and maintain safety for all children during swimming and other off-site activities. The program shall establish and follow a written plan which details the system of supervising and checking swimmers. This includes a plan for children who are non-swimmers. In addition, a plan for a lost swimmer must be established.

(5) All staff attending the aquatic activity must review the aquatic activity plan before departing for the activity.

(h) Public swimming pools and adjacent areas used by the children must be constructed, maintained, staffed and used in accordance with chapter 1, subpart 6-1, of the New York State Sanitary Code, and in such a manner as will safeguard the lives and health of children.

(i) When swimming is included as part of the program activities each child shall have a signed statement of permission from the parent to participate.

(j) All field trips with an itinerary that includes an activity where emergency medical care is not readily available and/or an activity such as, but not limited to, wilderness hiking, rock climbing, horseback riding, bicycling, must be accompanied by a staff who possess a current first aid certificate and cardio pulmonary resuscitation (CPR) certification.

(k) If off-site events are part of the program's activities, the school age child care program must develop and share with its program staff written plans that cover field trip events. The safety plan must at least include requirements set in subdivision (g) of this section and sections 414.6 and 414.8(o) of this Part.

(l)Animals and pets.

(1) Any animal present at the program must present no evidence of disease or parasite and pose no threat.

(2) All animals present at the program that require a license must be licensed.

(3) All required vaccinations must be kept current.

(4) The license and record of vaccinations must be available to the office when requested.

(5) The program must immediately notify the parents of children in care and the office when an animal present at the program harms any person, including a child in care.

(6) The provisions of this subdivision apply to all animals present at the program regardless of who owns the animal.

(7) The program must provide parents with a written description of all animals present at the program prior to a child's enrollment in the program.

(8) Within 24 hours that an animal is first kept on the premises of a child care program, the program must provide written notice to the office and parents of children in care that such animal is being kept on the premises.

(m)Communication.

(1) The school age child care program must have immediate access to a minimum of one working landline telephone for general use and emergencies. A working mobile phone(s) is permitted for the purpose of promoting children's safety and ensuring the orderly operation of the program, but its use does not remove the requirement for a designated on-site landline telephone.

(2) 911 and the poison control phone number must be posted conspicuously on or next to all stationary telephones designated for the school age child care program's use.

(3) Devices used for purposes of caller identification or call blocking shall not be used to block in-coming calls from parents of children in care, representatives of the office or agents of the State or local government during the hours of operation of the child day care program.

(n) Materials and play equipment.

(1) Materials and play equipment used by the children must be sturdy and free from rough edges and sharp corners.

(2) Play equipment must be installed and used in accordance with the manufacturer's specifications and instructions, be in good repair, and be placed in a safe location.

(3) Play equipment must be used in a safe manner.

(4) Play equipment and apparatus may be used only by the children for whom it is developmentally appropriate.

(5) All programs that substantially modify, or install new, outside play equipment must do so in accordance with the U.S. Consumer Product Safety Commission's Public Playground Safety Handbook.

(o) Clear interior or exterior glass doorways must be marked clearly to avoid accidental impact.

(p) Glass in outside windows less than 32 inches above the floor level must be of safety grade or otherwise protected by use of barriers to avoid accidental impact.

(q) Windows above the first floor that are accessible to children and present a fall hazard must be protected by permanent barriers or restrictive locking devices to prevent a window from opening fully thus preventing children from falling out the windows.

(r) An operable flashlight or battery powered lantern must be kept in the child care area. Such equipment must be properly maintained for use in the event of a power failure.

(s)Door latches, locks and covers.

(1) Every closet door latch in rooms used by the program, must be constructed to enable children to open the door from inside the closet.

(2) Every bathroom door lock must be designed to permit opening of the locked door from the outside in an emergency. The opening device must be readily accessible to the staff.

(3) Egress doors from the program must be able to be opened from inside without using a key.

(t) Operating carbon monoxide detectors and alarms must be located in accordance with applicable laws.

(u) The use of trampolines by day care children is prohibited, except for small one person exercise trampolines.

(v) All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

(w) Cleaning materials must be stored in their original containers unless the product's use or the program's health care plan indicates that the product be mixed with water before use. In this case, the container used for subsequent use of the mixed product must state the name of the cleaning material contained within. Cleaning materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

(x) Firearms, shotguns and rifles are prohibited at the child care program, except that nothing in this section shall be construed to prohibit a police officer or peace officer, as those terms are defined in section 1.20 of the Criminal Procedure Law, or a security guard, as defined in section 89-f of the General Business Law, from possessing a firearm, shotgun or rifle on the premises for the protection of the child care program. Each child care program shall post signs providing notification of such prohibition that read: "No firearms, shotguns or rifles are permitted on these premises." Such signs, not less than 81/2 inches by 11 inches, shall be posted in a prominent manner and within reasonable distance of each entrance of the child care program. Such signs shall be distributed by the Office of Children and Family Services.

(y) Staff and volunteers must take suitable precautions to prevent children from receiving burns caused by contact with hot liquids.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 414.5

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