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 3 - Child-care Agencies
Part 442 - Institutions
Section 442.15 - Accident prevention

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

(a) An institution must be free from all conditions which constitute a hazard to the life, health or safety of any person. The following are prohibited:

(1) portable electric space heaters or self-contained fuel-burning space heaters;

(2) solid-fuel-burning, free-standing stoves, except where approved in writing by the department;

(3) use of fuel-burning or electric "hot plates";

(4) rubber tubing used as connections for gas burners;

(5) combustible or flammable containers for ashes;

(6) the accumulation of combustible or flammable materials in any part of any building except in storerooms approved by the department in writing for such purpose;

(7) non-secure areas used for bulk storage of cleaning agents, bleaches, insecticides or any other poisonous, dangerous, combustible or flammable materials;

(8) damaged equipment, furnishings or physical plant, when their condition makes them unsafe for normal use;

(9) broken plumbing or stopped sewers that are not promptly repaired;

(10) exposed steam pipes, heating pipes and radiators and unenclosed heating plants and equipment with which children may come in contact;

(11) use of materials containing asbestos in any construction, renovation or repair of any building or part of a building used by children where such construction, renovation or repair occurs on or after July 1, 1993;

(12) any furniture or toys containing lead-based paint and the use of lead-based paint in any construction, renovation or repair of any building or part of a building used by children;

(13) any lead paint hazard or paint condition conducive to lead poisoning, as such term is defined in 10 NYCRR 67.1. Any building occupied by children six years of age or younger must be inspected to determine if it presents such hazard. An institution must request the local health department to perform such inspection and is responsible for correcting any hazard called to its attention as a result of such inspection. In the event that such request for inspection is rejected by the local health department, the institution must notify the department immediately;

(14) extension cords, unless approved in writing by the department; and

(15) any other condition deemed hazardous by the department.

(b) Equipment; safety.

All shop, maintenance, grounds and farm equipment in the institution must be equipped with approved safety devices and must be maintained in safe working condition. Children must not operate such equipment except under the close supervision of responsible staff members.

(c) chimneys and fireplaces must be inspected annually by a qualified person and must be cleaned annually.

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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