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 418-1.4 - Fire protection

Universal Citation: 18 NY Comp Codes Rules and Regs § 418-1.4

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 various hours of operation of the child day care center.

(2) When conducting evacuation drills the exit route must be varied to ensure that all approved means of egress are practiced.

(3) When multiple shifts of care are provided, such drills must be conducted monthly during each shift of care.

(4) The program must maintain on file a record of each evacuation drill conducted, using forms furnished by the office or approved equivalents.

(c) Fire detection, alarm and firefighting equipment appropriate to the type of building construction, size, height and occupancy must be provided, maintained and operate as designed.

(1) Such equipment must include at least:

(i) one fire extinguisher for every 3,000 square feet of space;

(ii) an automatic interconnected fire detection alarm system with:

(a) smoke-sensing type devices throughout exit ways; and

(b) heat-sensing type devices or a water sprinkler alarm system in furnace rooms and any other unsupervised spaces within the building which contain fire-hazardous materials; and

(iii) manually activated fire alarm stations.

(d) All fire alarm and detection systems must be 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 Code and Building Code of New York State is not applicable.

(1) All such inspections, testing and maintenance must be conducted by service personnel licensed by the New York State Department of State to perform fire alarm systems maintenance, repair and testing.

(2) All program staff must be instructed in the function and operation of fire alarm and detection systems used in the child day care center.

(e) All fire suppression equipment and systems must be 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 Code and Building Code of New York State is not applicable.

(1) All such inspections, testing and maintenance must be conducted by service personnel qualified to perform fire suppression systems maintenance, repair and testing.

(2) All staff must be instructed in the function and operation of fire suppression equipment and systems used in the child day care center.

(f) Adequate means of egress must be provided.

Children may be cared for only on such floors as are provided with readily accessible alternate means of egress to other floors, in the case of fire-resistant buildings, and to the outside in the case of non-fire-resistant buildings.

(1) designated means of egress must be remote from each other;

(2) all corridors, aisles, and approaches to exits must be kept unobstructed at all times;

(3) exit stairways must be equipped with railings for the use of the children.

(g) Trash, garbage and combustible materials must not be stored in the furnace room or in rooms or outdoor areas adjacent to the facility that are ordinarily occupied by or accessible to children.

(h) The director or a designated qualified staff member must conduct monthly inspections of the premises to observe possible fire or safety hazards. Any such hazard must be corrected immediately.

(i) A record of all inspections and all corrections must be maintained at the program or at a central location available for review upon request.

(j) Steam or hot water boilers must be inspected and approved in accordance with the requirements of the New York State Department of Labor by an inspector from the New York State Department of Labor, or by an insurance company which is licensed to write boiler insurance in the State. All other fuel burning heating systems and equipment and boilers not subject to the New York State Department of Labor requirements must be serviced by a heating contractor once every 24 months.

(k) Rooms containing boilers, fuel burning furnaces or other fuel burning heating equipment must be constructed using a minimum of one-hour fire resistant materials or materials of a greater fire resistance when required by 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.

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.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.