N.Y. Comp. Codes R. & Regs. tit. 18 § 416.5

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

Section 416.5 - Safety

(a) Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health 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; and

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

(b) The licensee must submit a written Emergency Plan and Emergency Evacuation Diagram using the forms furnished by the office or an approved equivalent form. Primary emphasis must be placed on the safe and timely evacuation and relocation of all 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 caregivers that work in the program.

(2) The emergency evacuation diagram must be posted in a visible location.

(3) The emergency plan must include the following:

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

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

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

(iv) a plan for the safe evacuation of children from the premises for each shift of care provided (day, evening, night);

(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 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) a plan for notification of 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 licensee 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 OCFS 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.

(c) Portable electric heaters or other portable heating devices, regardless of the type of fuel used, may not be used in rooms accessible to the children.

(d) Radiators and pipes located in rooms occupied by children must be covered to protect the children from injury when the heating system is in use.

(e) Porches, decks or stairs with more than two steps 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, balusters, intermediate rails, and heavy screening.

(f)Barriers.

(1) Barriers must exist to prevent children from gaining access to any swimming pool, drainage ditches, wells, ponds or other bodies of open water located on or adjacent to the property where the day care program is located. Such barriers must be of adequate height and appropriately secured to prevent children from gaining access to such areas.

(2) Barriers must exist to prevent children from gaining access to unsafe, dangerous or hazardous areas or devices. Such areas and devices include, but are not limited to, holes, pits, wood, pellet and coal burning stoves, fireplaces and permanently installed gas space heaters.

(g)Pools and spas.

(1) The use of spa pools, hot tubs and fill-and-drain wading pools is prohibited.

(2) The use of non-public and residential pools is prohibited except in those instances where the program can demonstrate the ability to operate and adequately supervise the use of a non-public or residential pool in a clean, safe and sanitary manner.

(3) To use a non-public or residential pool, a program must:

(i) provide to the office documentation demonstrating that there will be adequate supervision of all children in care while children use the pool, in accordance with the requirements of section 416.8 of this Part;

(ii) submit documentation acceptable to the office demonstrating that consistent, safe and adequate water quality of the pool will be maintained; and

(iii) submit a written pool safety plan acceptable to the office that sets forth adequate safety standards for use of the pool.

(4) The program must obtain prior written permission from the parent for his or her child to use the pool. Permission notes must include the following:

(i) name and age of the child;

(ii) address where the pool is located;

(iii) the depth of the pool at its deepest point;

(iv) dates or months the child is permitted to swim in the pool; and

(v) signature of parent and date signed.

(5) A trained person as described in section 416.8(n) of this Part must be present at the pool whenever the pool is in use by day care children.

(6) Programs using non-public or residential swimming pools shall maintain a current and accurate record detailing the pool maintenance.

(7) Only a program's pool at the group family day care site and public 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 NYS agency may be used.

(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) Protective caps, covers or permanently installed obstructive devices must be used on all electrical outlets that are accessible to children.

(j) All matches, lighters, medicines, drugs, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers, and 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.

(k) 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.

(l)Animals and pets.

(1) Any animal present at the day care home 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 kept on the premises 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 kept on the premises 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) A working telephone must be available for use by all caregivers at all times children are in care.

(2) The phone used at the group family day care must remain in a designated visible location during all hours that children are in care.

(3) The phone used at the group family day care must have a ringtone that remains audible throughout day care hours of operation.

(4) All caregivers must be able to operate the phone used at the day care program.

(5) 911 and the poison control phone number must be posted conspicuously on or next to the telephone.

(6) Devices used for purposes of 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 in good repair, and be placed in a safe location.

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

(4) Play equipment must be used specifically for its intended purpose. Such equipment and apparatus may be used only by the children for whom it is developmentally appropriate.

(5) There must be a cushioned surface under all outside play equipment that present a fall hazard. Surfacing may not include concrete, asphalt, grass or hard compacted dirt.

(o) Clear interior or exterior glass doors 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, other than those identified for emergency evacuation, that are accessible to children and which present a fall hazard must be protected by permanent barriers or restrictive locking devices which prevent a window from opening fully and prevent children from falling out of 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 that is accessible to children 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.

(3) Egress doors from the residence must be able to be opened from the inside without using a key. Child protective doorknob covers may not be used on egress doors.

(t) The following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for children to swallow.

(u)High chairs.

(1) High chairs, when used, must have a sturdy and stable base and be used only by children who are able to sit up independently.

(2) A safety strap must be fastened around children who are seated in high chairs.

(v) Operating carbon monoxide detectors must be used in all group family day care homes when required, and located in areas of the home in accordance with applicable laws.

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

(x) While day care is being provided in the home, firearms, shotguns, rifles and ammunition must be securely stored and inaccessible to children.

(1) Ammunition shall be stored in a safe storage depository, as defined in paragraph (x)(3) of this section.

(2) Firearms, shotguns and rifles shall be secured unloaded with an appropriate trigger locking device, or stored in a safe storage depository, as defined in paragraph (x)(3) of this section.

(3) A safe storage depository shall be a safe or other secure container which, when locked, is incapable of being opened without the key, combination or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon or ammunition contained therein.

(4) Properly stored firearms, shotguns, rifles and ammunition may be accessed and loaded in an emergency situation.

(5) Child care programs shall give written notice to parents and the office, on forms furnished by the office or an approved equivalent, that a firearm, shotgun, rifle or ammunition is on the premises.

(y) All window and door blind cords, ropes, wires and other strangulation hazards must be secured and inaccessible to children.

(z) Caregivers 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 § 416.5

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