N.Y. Comp. Codes R. & Regs. tit. 18 § 417.4

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

Section 417.4 - Fire protection

(a) Suitable precautions must be taken to eliminate all conditions which may contribute to or create a fire hazard.

(b)Evacuation drills.

(1) Evacuation drills must be conducted at least monthly during the hours of operation of the family day care home.

(2) When conducting evacuation drills, the exit route must be varied to ensure that all approved means of egress are practiced. If one of the exit routes leads to a window or fire escape, the drill must include taking the children to the window or fire escape and explaining what would be expected of them should an actual fire occur that requires they use this exit route. Exiting through the window or on to the fire escape during a drill is not required.

(3) When multiple shifts of care are provided, such drills must be conducted monthly during each shift of care.

(4) The registrant must maintain on file a record of each evacuation drill conducted, using forms provided by the office or approved equivalents.

(c) There must be an operational smoke detector on each floor of the home.

(d) In addition to a smoke detector on each floor, there must be a smoke detector located either within rooms where children nap, or in adjoining rooms. In the case of rooms used for napping or sleeping which have doors, a smoke detector is required inside that room.

(e) Where smoke detectors operate from electric power within the home, such detectors must have a battery powered back-up energy source, or battery powered smoke detectors must be used as a back-up system.

(f) Multi-purpose fire extinguishers of a type approved for use in residences must be maintained in good working condition and placed in the kitchen and outside the furnace room. A family day care program located in a multiple family dwelling is not required to place or maintain a fire extinguisher outside the furnace room of such dwelling. The caregivers must know how to use the fire extinguishers placed in such home. Fire extinguishers with gauges must show a full charge. Fire extinguishers with seals must have unbroken seals.

(g) Children must be located on the same floor of the family day care home as a caregiver at all times, except as specified in section 417.8 of this Part. Children must not be located above the second floor of a single family dwelling.

(h) Children may be cared for only on such floors as are provided with readily accessible alternate means of egress which are remote from each other.

(1) Care can only be provided on floors with two means of egress. When care is provided on the first floor, and the second floor is without a second means of egress, the second floor may only be used for bathroom purposes provided that there is a window on the second floor that has the minimum net clear opening height dimension of at least 24 inches and a minimum net clear opening width dimension of at least 24 inches, and an adequate size through which all children and adults can be evacuated or a window that complies with the Fire and Building Code of New York State, or other applicable code if the Fire and Building Code of New York State is not applicable in that jurisdiction, as a means of egress.

(2) When care is provided primarily on the second floor of a family day care home, both means of egress from the second floor must be stairways. One stairway must be an interior stairway whose pathway is unobstructed and leads directly to an unobstructed egress that is visible from the landing of the stairway and the other stairway must either be an interior stairway whose pathway is unobstructed and leads directly to an unobstructed egress that is visible from the landing of the stairway or be exterior to the house and lead directly to the ground.

(3) Where children are located below ground level, one means of egress from the below-ground level area must be either an interior stairway whose pathway is unobstructed and leads directly to an unobstructed egress at ground level, or an exterior stairway which leads directly to the ground. The vertical travel to ground level may not exceed eight feet. The second means of egress may be a window that has the minimum net clear opening height dimension of at least 24 inches and a minimum net clear opening width dimension of at least 24 inches, and an adequate size through which all children and adults can be evacuated or a window that complies with the Fire and Building Code of New York State, or other applicable code if the Fire and Building Code of New York State is not applicable in that jurisdiction, as a means of egress.

(4) All paths of egress on the interior and exterior of the home, including corridors, aisles and approaches must be kept free of obstructions, impediments and debris at all times.

(i) Trash, garbage and combustible materials must not be stored in the furnace room, or in rooms or outdoor areas adjacent to the home that are ordinarily occupied by or accessible to children. If there is not a separate, enclosed furnace room, trash, garbage and combustible materials must not be stored within four feet of the furnace.

(j) Wood or coal burning stoves, fireplaces, pellet stoves and permanently installed gas space heaters used at any time at the home must be inspected and approved by local authorities or an inspector qualified to approve fuel burning systems.

(k) Kerosene and gasoline may not be stored in the habitable areas of the home, child care areas, or path of egress.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 417.4

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