Current through Register Vol. 46, No. 39, September 25, 2024
(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 registrant 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) notification of authorities and 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 registrant 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
417.8 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
417.8(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 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 family day care
must remain in a designated visible location during all hours that children are
in care.
(3) The phone used at the
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 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 (3) of this subdivision.
(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 (3) of this
subdivision.
(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.