New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter F - Private Schools
Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens
Section 125.2 - Building and facilities

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 125.2

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

(a) Classrooms.

(1) Classrooms shall be on the first or second floor of a building or be directly accessible by elevator.

(2) No classroom floor shall be more than four feet below ground level.

(3) Classrooms shall have a minimum of 35 square feet of floor space per child (exclusive of cloakroom, isolation room, toilets, kitchens, halls, porches and storage space).

(4) A minimum temperature of 68 degrees, measured three feet above the floor, shall be maintained in each room used by children.

(5) The building and rooms occupied by the school shall be clean, sanitary and dry.

(6) All concrete floors used by children shall be covered with an appropriate material.

(7) Classrooms shall be well ventilated.

(8) There shall be a minimum of 30 foot-candles of light in all parts of a classroom.

(9) To prevent glare, electric light bulbs shall be shielded in a method acceptable to the department.

(b) Eating and rest facilities.

(1) Space used for eating shall be clean.

(2) There shall be no more than eight children at one table at one time during lunch.

(3) A sanitary cot shall be provided for each child who spends more than four hours per day at the school. Sanitary, individual bed covering sufficient to maintain adequate warmth shall be provided.

(4) There shall be at least two feet between cots at resting time.

(c) Sanitary facilities.

(1) There shall be at least one flush toilet (open seat), stationary washbowl and a low mirror for each group of 15 children. If these facilities are not child-size, low platforms or steps shall be available.

(2) Separate toilet facilities shall be provided for staff and employees in schools that provide a lunch program for children.

(3) A sink with running water shall be in or readily available to every classroom.

(4) Individual drinking cups, disposable paper cups or bubbler fountains of the angle jet type shall be provided.

(5) Provision shall be made for the proper washing of dishes and cooking utensils.

(6) Adequate accessories, including paper towels, soap and wastepaper containers, shall be provided to promote health and personal cleanliness.

(7) Garbage receptacles shall be of adequate size, covered, emptied daily and cleansed after emptying. Trash or garbage shall not be stored in rooms ordinarily occupied by children, in outdoor play areas or in accesses thereto.

(8) A constant supply of hot water shall be available.

(9) The use of common washcloths, towels, combs and hairbrushes is prohibited.

(10) Sufficient and suitable clothing shall be available so that children may receive a change if needed. All such clothing shall be thoroughly washed after each use.

(d) Outdoor play area.

(1) There shall be at least 200 square feet of outdoor play area per child. Less than 200 square feet per child may be permitted upon submission of evidence of careful spacing of equipment and limitation of use to small groups at one time.

(2) Outdoor play area shall be easily accessible to the classroom and toilet facilities. It shall be free of hazards, well drained and enclosed by perpendicular wooden or wire fencing, a low wall or dense shrubbery.

(e) Plans. Sketches with dimensions of floor plans, including an indication of exits, lavatory facilities and outdoor space shall be sent to the office of the chief school officer of the school district in which the school is located.

(f) Approval of plans to change facilities. There shall be no construction, addition, substantial modification or change in occupancy of buildings or parts of buildings used or to be used in the operation of a school unless plans and designs of changes have been approved in writing by the department.

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