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 418-1.3 - Building and equipment

Universal Citation: 18 NY Comp Codes Rules and Regs § 418-1.3

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

(a) Each applicant must submit to the office a diagram of the proposed child day care center at the time of application for licensure.

(1) The diagram must be labeled with the planned occupancy or use of all areas of the building and all outside areas to be used or occupied by the child day care center. The diagram must show: room dimensions; the age group(s) using each room; the size of the group(s) using each room; kitchens and bathrooms for children and staff; exits; alternate means of egress; plumbing fixtures such as toilets, sinks and drinking fountains; and the outdoor play area showing its relationship to the building.

(2) Whenever change(s), addition(s) or expansion(s) are proposed which will affect, or reasonably may be expected to affect, those portions of the building designated for the care of children or for their egress in case of an emergency, the licensee must receive written approval from the office prior to initiating such change(s), addition(s), or expansion(s).

(3) Child care can only be provided in the areas that have been included in the diagram and approved as child care space.

(b) Areas that will be used by the children must be well-lighted and well-ventilated. Heating, ventilation and lighting equipment must be adequate for the protection of the health of the children.

(c) Before any change is made, the office must be notified and must approve the re-designation of a classroom to a different age group of children.

(d) A temperature of at least 68°F must be maintained in all rooms to be occupied by children.

(e) A firm clean crib, cot, bed or washable padded mat of age appropriate size and construction must be provided for all children requiring a rest period.

(f) All cribs must be in compliance with the safety standards established by the Consumer Product Safety Commission. Stackable cribs are prohibited.

(g) Toxic paints or finishes must not be used on room surfaces, furniture or any other equipment, materials or furnishings which may be used by children or are within their reach.

(h) Peeling or damaged paint or plaster must be repaired.

(i) Concrete floors used by the children must be covered with appropriate material.

(j) School-age children must have separate areas to avoid interference with the younger children's programs.

(k) Readily accessible outdoor play space which is adequate for active play must be provided. Outdoor space may include public parks, school yards or public play areas. A written diagram outlining how children will safely travel to and from this location must be developed and approved by the office.

(l) Toilet facilities and wash basins.

(1) Convenient, adequate and sanitary toilet facilities must be provided for the children in a separate, properly ventilated room readily accessible to children.

(2) One sanitary toilet must be available for every group of 15 children, not including infants, or part thereof.

(3) One wash basin must be available for every group of 15 children, including infants, or part thereof.

(4) The diaper changing area must be as close as possible to a sink with soap and hot and cold running water. This area or sink must not be used for food preparation.

(5) All day care centers licensed on or after the effective date of these regulations will be required to have two sinks in rooms serving infants.

(6) One of the required sinks will serve as a washbasin for bottles and dishes the other for diaper changing needs and hand washing.

(m) A functioning, sanitary shower or tub must be available when night care is provided.

(n) Adequate and safe water supply and sewage facilities must be provided and must comply with State and local laws. Hot and cold running water must be available and accessible at all times.

(o) All buildings used for day care centers must remain in compliance with the applicable provisions of the Fire Code and Building Code of New York State or other applicable fire and building codes when the Fire Code and Building Code of New York State is not applicable.

(1) Any part of any building used as a day care center shall meet the requirements applicable under the Fire Code and Building Code of New York State or other applicable fire and building codes as appropriate to the ages of the children in care.

(2) Buildings, systems and equipment must be kept in good repair and operate as designed.

(p) The building number of the day care program shall be conspicuously displayed and visible from the street.

(q) Separate quarters or areas apart from those of the older children must be provided for infants and toddlers. These must consist of play areas of at least 35 square feet per child where infants and toddlers may safely and comfortably sit, crawl, walk and play. There must be additional space for sleeping provided in accordance with the following:

(1) For infants, this additional space must contain a crib for each infant permitted by the authorized maximum capacity for this age group as shown on the license.

(2) For toddlers, this additional space must be sufficient to accommodate individual cribs, cots or padded mats, for at least one third of the center's authorized maximum capacity for this age group as shown on the license.

(3) Preschool and school-aged children must be accommodated in rooms having a minimum of 35 square feet for each child.

(4) Areas used for large motor activity, staff lounges, storage spaces, halls, bathrooms, kitchens and offices may not be included in calculating the 35 square feet per child requirement.

(r) There must be a separate quiet area, which can be adequately supervised, for children who become ill or who develop symptoms of illness.

(s) Space must be provided so that children's personal items may be stored separately.

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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