N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 418-2.2

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

Section 418-2.2 - Procedures for applying for and renewing a registration

(a) Applicants for a registration must submit to the office:

(1) a completed application, including required attestations, on forms furnished by the office or approved equivalents. Such application and attestations must include an agreement by the applicant to operate the small child day care center in conformity with applicable laws and regulations;

(2) certificate of occupancy or other documentation from the local government authority having jurisdiction for determining compliance with the Fire Code 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, showing that the facility has been inspected and approved within the 12 months preceding the date of application for use as a small child day care, in accordance with the appropriate provisions of such code;

(3) documentation from local zoning authorities or officials, where such authorities or officials exist, that a small child day care center is a permitted use under any zoning code applicable to the area in which the small child day care center is located;

(4) documentation from the local health office or the New York State Department of Health showing that the facility has been inspected and approved within the 12 months preceding the date of application;

(5) where a program uses a private water supply, a report from a State licensed laboratory or individual, based on tests performed within the 12 months preceding the date of application, showing that the water meets standards for drinking water established by the New York State Department of Health;

(6) certification, on forms provided by the office, that the building, its property and premises, and the surrounding neighborhood and environment are free from environmental hazards. Such hazards include, but are not limited to, dry cleaners, gas stations, nuclear laboratories or power plants, property designated as a Federal superfund clean-up site, and any property with known contaminated ground or water supplies. Where the historical or current use of the building, its property and premises, or the surrounding neighborhood indicates that an environmental hazard may be present, inspection or testing must be completed by the appropriate local official or authority to determine if such a hazard exists. Documentation of the inspection or testing must be appended to the statement required by this paragraph and include a statement from the appropriate local official or authority following this inspection and/or testing that the building, its property and premises, and the surrounding neighborhood meet applicable standards for sanitation and safety;

(7) documentation from service personnel licensed by the New York State Department of State to perform fire alarm systems maintenance, repair and testing which shows that fire alarm and detection systems have been inspected, tested and maintained in accordance with the applicable requirements of the Fire Code 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, for use of the building as a small child day care center;

(8) documentation from service personnel qualified to perform fire suppression systems testing showing that fire suppression equipment and systems have been tested and maintained in accordance with the requirements of the Fire Code 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, for use of the building as a small child day care center;

(9) documentation from an inspector from the New York State Department of Labor, or an insurance company licensed to write boiler insurance in New York State, showing that all steam or hot water boilers have been inspected and approved in accordance with the requirements of the New York State Department of Labor. For all other fuel burning heating systems and equipment, and boilers not subject to the New York State Department of Labor requirements, documentation of service by a heating contractor performed within the 12 months preceding the date of application;

(10) a diagram of the portion of the building to be occupied by the small child day care center and all adjacent areas of such building, as required in section 418-2.3(a) of this Subpart;

(11) a description of program activities offered to meet the needs of children, as described in section 418-2.7(a) of this Subpart;

(12) a copy of the emergency plan and emergency evacuation diagram, as required in section 418-2.5(b) of this Subpart, specifying alternate means of egress;

(13) a health care plan developed in accordance with the requirements of section 418-2.11(a) of this Subpart;

(14) medical statements for the provider and any assistant(s) completed within the 12 months preceding the date of application, as required in section 418-2.11(b) of this Subpart;

(15) a summary of the training and experience of the provider and any assistant, as described in section 418-2.13(a)(4) of this Subpart;

(16) the names, addresses and day time telephone numbers of at least two acceptable references each for the provider and any assistant, as specified in section 418-2.13 of this Subpart;

(17) a sworn statement by the applicant and any assistant indicating whether, to the best of the applicant's knowledge, the applicant has ever been convicted of a misdemeanor or a felony in New York State or any other jurisdiction, and fingerprint images to comply with the requirements of section 413.4 of this Title;

(18) certification, on forms provided by the office, that the applicant is in compliance with child support obligations or payments, in accordance with the requirements of section 3-503 of the General Obligations Law;

(19) certification, on forms provided by the office, that the small child day care center is in compliance with workers' compensation in accordance with the requirements of New York State Law;

(20) Statewide Central Register of Child Abuse and Maltreatment and Justice Center for the Protection of Persons with Special Needs:

(i) the Statewide Central Register database form necessary to complete required screening by the Statewide Central Register of Child Abuse and Maltreatment to determine if the applicant, for such registration, is the subject of an indicated report of child abuse or maltreatment;

(ii) the forms necessary to check the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs per section 495 of the Social Services Law;

(21) when the small child day care center is owned by an individual, corporation, partnership or other entity using a business or assumed name, a copy of the certificate of doing business under an assumed name obtained from the county clerk; and

(22) an email address for the provider or other person designated to receive communications from the office. If the applicant is unable to provide at least one valid email address, the applicant must provide a valid mailing address for the provider or other person designated to receive written communications from the office.

(b) Small child day care centers located in public school buildings currently used for elementary, middle or secondary public education programs approved by the New York State Education Department are exempt from the requirements set forth in paragraphs (a)(2)-(9) of this section. Each such program must submit a copy of the current certificate of occupancy issued by the State Education Department as part of the application. For those programs not issued such certificates of occupancy, the appropriate local equivalent, acceptable to the State Education Department, must be submitted.

(c) An application will only be accepted by the office when the applicant submits the minimum threshold of information as required by office policy. An application sent to the office that does not meet the minimum threshold will not be accepted and will be returned to the applicant. Once an application has been accepted, all additional required information must be submitted within no later than 90 days. Failure to submit all required information within the required timeframes shall be considered a withdrawal of the application.

(d) Applicants for a registration may not be issued a registration until an inspection of the small child day care center has been conducted showing compliance with the requirements of this Subpart and the relevant provisions of the Social Services Law.

(e)Renewal.

Applicants for renewal of a registration must submit to the office at least 60 days in advance of the expiration date of the registration the following:

(1) a completed application for renewal, including required attestations, on forms furnished by the office, or approved equivalents. Such application and attestations must include an agreement by the applicant to operate the small child day care center in conformity with applicable laws and regulations;

(2) certification, on forms provided by the office, of the status of the individual applicant's child support obligations or payments, in accordance with the requirements of section 3-503 of the General Obligations Law;

(3) certification, on forms provided by the office, that the program is in compliance with workers' compensation requirements in accordance with New York State Law;

(4) documentation of inspections and approvals as set forth in section 418-2.15(c) of this Subpart;

(5) documentation showing compliance with the training requirements of section 418-2.14 of this Subpart;

(6) certification, on forms provided by the office, that the building, its property and premises, and the surrounding neighborhood and environment are free from environmental hazards. Such hazards include, but are not limited to, dry cleaners, gas stations, nuclear laboratories or power plants, property designated as a Federal superfund clean-up site, and any property with known contaminated ground or water supplies. Where the historical or current use of the building, its property and premises, or the surrounding neighborhood indicates that an environmental hazard may be present, inspection or testing must be completed by the appropriate local official or authority to determine if such a hazard exists. Documentation of the inspection or testing must be appended to the statement required by this paragraph and include a statement from the appropriate local official or authority following this inspection and/or testing that the building, its property and premises, and the surrounding neighborhood meet applicable standards for sanitation and safety;

(7) where a program uses a private water supply, a report from a State licensed laboratory or individual, based on tests performed within the 12 months preceding the date of application for renewal, showing that the water meets standards for drinking water established by the New York State Department of Health;

(8) documentation from service personnel licensed by the New York State Department of State to perform fire alarm systems maintenance, repair and testing which shows that fire alarm and detection systems have been inspected, tested and maintained during the current registration period in accordance with the applicable requirements 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, for use of the building as a small child day care center;

(9) documentation from service personnel qualified to perform fire suppression systems testing showing that fire suppression equipment and systems have been tested and maintained during the current registration period in accordance with the requirements 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, for use of the building as a small child day care center; and

(10) documentation from an inspector from the New York State Department of Labor, or an insurance company licensed to write boiler insurance in New York State, showing that all steam or hot water boilers have been inspected and approved during the current registration period in accordance with the requirements of the New York State Department of Labor. For all other fuel burning heating systems and equipment, and boilers not subject to the New York State Department of Labor requirements, documentation of service by a heating contractor performed within the 12 months preceding the date of application for renewal;

(11) an email address for the provider or other person designated to receive communications from the office. If the applicant is unable to provide at least one valid email address, the applicant must provide a valid mailing address for the provider or other person designated to receive written communications from the office.

(f) Applicants for renewal of a registration may not be issued a registration until an inspection of the small child day care center has been conducted showing compliance with the requirements of this Subpart and the relevant provisions of the Social Services Law.

(g) Small child day care centers located in public school buildings currently used for elementary, middle or secondary public education programs approved by the New York State Education Department are exempt from the requirements set forth in paragraphs (e)(6)-(10) of this section. Each such program must submit a copy of the current certificate of occupancy issued by the State Education Department as part of the application. For those programs not issued such certificates of occupancy, the appropriate local equivalent, acceptable to the State Education Department, must be submitted.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 418-2.2

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