N.Y. Comp. Codes R. & Regs. tit. 18 § 417.3

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

Section 417.3 - Building and equipment

(a) Each applicant must submit to the office at the time of application for registration, a diagram of the proposed family day care home showing: all rooms in the home, including the rooms which will be used for day care and the purposes for which such rooms will be used; the number and location of exits and alternate means of egress; and the outdoor play areas available to the children in care. An updated diagram must be submitted to the office immediately upon making any change that impacts the child care program.

(1) Child care can only be provided in the areas of the family day care home that have been included in the diagram and approved as child care space.

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

(c) When care is provided, there must be sufficient light in the rooms where children are sleeping to allow supervision of and the safe movement and egress for the children.

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

(e) A firm clean crib, cot, bed or washable padded mat of age-appropriate size and construction must be provided for all children requiring a rest period.

(f) All cribs must be in compliance with the safety standards established by the Consumer Product Safety Commission. Stackable cribs are prohibited.

(g) 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.

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

(i) Concrete floors in areas identified as program space must be covered with appropriate material.

(j) The home must have adequate indoor space for the comfort of the children and to accommodate a variety of activities for the number of children in care.

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

(l) A bathroom not more than one floor level away from the program area must be accessible to children.

(m) All toilets and potty chairs must be located in rooms separate from those used for cooking, playing, sleeping or eating.

(n) 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.

(o) All residences used for family day care homes must remain in compliance with the applicable provisions of the Fire and Building Code of New York State, or other applicable fire and building codes when the Fire and Building Code of New York State is not applicable.

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

N.Y. Comp. Codes R. & Regs. Tit. 18 § 417.3

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