Current through Register Vol. 46, No. 39, September 25, 2024
(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.
