New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 2 - Family and Children's Services
Part 418 - Day Care Centers
Subpart 418-1 - Child Day Care Centers
Section 418-1.2 - Procedures for applying for and renewing a license
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 418-1.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Applicants for a license 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 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 child day care center, 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
child day care center is a permitted use under any zoning code applicable to
the area in which the 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 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 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 child day care center and all adjacent areas of such
building, as required in section
418-1.3(a)
of this Subpart;
(11) a description
of program activities offered to meet the needs of children, as described in
section
418-1.7(a)
of this Subpart;
(12) a copy of the
emergency plan and emergency evacuation diagram, as required in section
418-1.5(b)
of this Subpart, specifying alternate means of egress;
(13) a health care plan developed in
accordance with the requirements of section
418-1.11(a)
of this Subpart;
(14) copies of
sample menus for snacks and, where meals are provided, for meals, or a copy of
the current letter of approval from the New York State Child and Adult Care
Food Program. Menus must cover a four week period and be reviewed and signed by
a person qualified in nutrition, as required in section
418-1.12(v)
of this Subpart;
(15) where meals
are provided but are not prepared at the center, a description of food service
arrangements;
(16) a sworn
statement by the applicant 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 Part 413.4 of this Title;
(17) 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;
(18) certification, on forms
provided by the office, that the child day care center is in compliance with
workers' compensation in accordance with the requirements of New York State
Law;
(19) 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 license, 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.
(20) a description of specific
procedures which will assure the safety of a child who is reported to the
Statewide Central Register of Child Abuse and Maltreatment as well as other
children provided care in the child day care center, as required in section
418-1.10(d)
of this Subpart;
(21) a description
of the procedure to be used to review and evaluate the background information
supplied by applicants for employment and volunteer positions, as required in
section
418-1.13 of
this Subpart;
(22) copies of the
child day care center's personnel policies and practices;
(23) a description of policies and practices
regarding appropriate supervision of children pursuant to section
418-1.8
of this Subpart;
(24) an outline of
a plan for training as required in section
418-1.14 of
this Subpart, including use of both in-service training and outside training
resources;
(25) a copy of a
certificate of insurance from an insurance company showing the intent to
provide general liability insurance to the child day care center upon
licensure;
(26) when the 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
(27) an email address for the director 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 director or other person
designated to receive written communications from the office.
(b) 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 license may not be issued a license until an inspection of the 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 license must submit to the office at least 60 days in advance of the expiration date of the license 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 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
418-1.15(c)
of this Subpart;
(5) documentation
showing compliance with the training requirements of section
418-1.14 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) 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 for renewal;
(8) 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;
(9) 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 license 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 child day care center;
(10) 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 license 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 child day care center;
(11) 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 license 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;
(12) a copy of a certificate of insurance
from an insurance company showing general liability insurance is provided to
the program and a copy of the insurance policy; and
(13) an email address for the director 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 director or other person
designated to receive written communications from the office.
(f) Applicants for renewal of a license may not be issued a license until an inspection of the 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) 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)-(11) 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.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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