Header:
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 414. * SCHOOL-AGE CHILD CA
Date:
08/31/2009
Document:
ยง 414.5 Safety
(a) Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety hazard.
(b) The provider must submit a written plan for the emergency evacuation of children from the premises using a form furnished by the Office, or an approved equivalent form. Primary emphasis must be placed on the immediate evacuation of children. The plan, as approved by the Office, must be posted in a conspicuous place in the program. The approved emergency evacuation plan must describe the following:
(1) how children and staff will be made aware of an emergency;
(2) primary and secondary evacuation routes;
(3) methods of evacuation, including where children and staff will meet after evacuating the building, and how attendance will be taken;
(4) roles of staff; and
(5) notification of authorities and the children's parents.
(c) Portable electric heaters or other portable heating devices, regardless of the type of fuel used, may not be used in school-age child care programs.
(d) Radiators and pipes located in rooms occupied by children must be covered to protect the children from injury.
(e) Porches, decks and stairs must have railings with a barrier extending to the floor or ground to prevent children from falling. Acceptable types of barriers include, but are not limited to, balusters, intermediate rails, and heavy screening.
(f) School-age child care programs must provide and use barriers to restrict children from unsafe areas. Such areas include, but are not limited to, swimming pools, open drainage ditches, wells, holes, wood and coal burning stoves, fireplaces and permanently installed gas space heaters.
(g) The use of non-public swimming pools, spa pools and all fill-and-drain wading pools is prohibited.
(h) Public swimming pools and adjacent areas used by the children must be constructed, maintained, staffed and used in accordance with Chapter 1, subpart 6-1, of the New York State Sanitary Code, and in such a manner as will safeguard the lives and health of children.
(i) All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers, and must be used in such a way that they will not contaminate play surfaces or food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.
(j) Indoor and outdoor plants which are hazardous to children must not be accessible to the children.
(k) Any pet or animal kept indoors or outdoors at the school-age child care program must be in good health, show no evidence of carrying disease, and pose no threat to children. This provision also applies to those pets or animals present at the program which do not belong to the staff of the program.
(l) The school-age child care program must have immediate access to a minimum of one stationary single-line telephone for general use and emergencies. Emergency telephone numbers for the fire department, local or state police or sheriff's department, poison control center, and ambulance service must be posted conspicuously on or next to each telephone with the capacity to make outside calls. Devices used for purposes of caller identification or call blocking shall not be used to block in-coming calls from parents or legal guardians of children in care, representatives of the Office or agents of the state or local government during the hours of operation of the child day care program.
(m) Materials and play equipment used by the children must be sturdy and free from rough edges and sharp corners.
(n) Outdoor equipment such as swings, slides and climbing apparatus must be installed and used in accordance with the manufacturer's specifications and instructions, be in good repair, and be placed in a safe location. Such equipment and apparatus may be used only by the children for whom it is developmentally appropriate.
(o) Clear glass panels must be marked clearly to avoid accidental impact. Glass in outside windows less than 32 inches above the floor level must be of safety grade or otherwise protected by use of barriers to avoid accidental impact.
(p) Where child care is provided above the first floor, windows on such floors must be protected by barriers or locking devices to prevent children from falling out of the windows.
(q) An operable flashlight or battery powered lantern must be kept in the child care area. Such equipment must be properly maintained for use in the event of a power failure.
(r) Every closet door latch must be constructed to enable children to open the door from inside the closet. Every bathroom door lock must be designed to permit opening of the locked door from the outside in an emergency. The opening device must be readily accessible to the staff.
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