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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 416. * GROUP FAMILY DAY CA
Date:
08/31/2009
Document:
ยง 416.5 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 for each shift of care provided (day, evening, night), 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 home or filed in a place in the home which is available to the parents of the children in care. The approved emergency evacuation plan must describe the following:
(1) how children and adults will be made aware of an emergency;
(2) primary and secondary evacuation routes;
(3) methods of evacuation, including where children and adults will meet after evacuating the home, and how attendance will be taken; and
(4) 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 rooms accessible to the children.
(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) (1) Each group family day care provider must ensure that barriers exist to prevent children from gaining access to any swimming pool, drainage ditches, wells, ponds or other bodies of open water located on or adjacent to the property where the group family day care home is located. Such barriers must be of adequate height and appropriately secured to prevent children from gaining access to such areas.
(2) Each group family day care provider must ensure that adequate barriers exist to prevent children from gaining access to unsafe, dangerous or hazardous areas or devices. Such areas and devices include, but are not limited to, holes, pits, wood and coal burning stoves, fireplaces and permanently installed gas space heaters.
(g) (1) The use of spa pools, hot tubs and fill-and-drain wading pools is prohibited. The use of non-public and residential pools is also prohibited except in those instances where a provider can demonstrate the ability to operate and adequately supervise the use of a non-public or residential pool in a clean, safe and sanitary manner. The provider must receive Office approval prior to use of a non-public or residential pool for children in day care.
(2) To receive approval from the Office of the use of a non-public or residential pool, a provider must:
(i) provide to the Office documentation demonstrating that there will be adequate supervision of all children in care while children use the pool, in accordance with the requirements of section 416.8 of this Part;
(ii) submit documentation acceptable to the Office demonstrating that consistent, safe and adequate water quality of the pool will be maintained; and
(iii) submit a written pool safety plan acceptable to the Office that sets forth adequate safety standards for use of the pool.
(3) Providers must obtain prior written permission from the parent for their child to use the pool. Permission notes must include the following:
(i) Name and age of the child;
(ii) Address where the pool is located;
(iii) The depth of the pool at its deepest point;
(iv) Dates or months the child is permitted to swim in the pool; and
(v) Signature of parent and date signed.
(4) A trained person as described in paragraph (4) of subdivision (a) of section 416.8 of this Part must be present at the pool whenever the pool is in use by day care children.
(5) Providers approved to use non-public or residential swimming pools for children in day care will maintain those records required by the Office as a condition of approval of use of the pool.
(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) Protective caps, covers or permanently installed obstructive devices must be used on all electrical outlets that are accessible to children.
(j) 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, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.
(k) Indoor and outdoor plants which are hazardous to children must not be accessible to the children.
(l) Any pet or animal kept indoors or outdoors at the group family day care home 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 home which do not belong to the caregivers.
(m) A working telephone must be in the home. 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 the telephone. Devices used for purposes of 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.
(n) Materials and play equipment used by the children must be sturdy and free from rough edges and sharp corners.
(o) 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.
(p) 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.
(q) 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.
(r) 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.
(s) 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. Door locks on exit doors from the residence must be able to be opened from the inside without using a key.
(t) The following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for children to swallow.
(u) High chairs, when used, must have a wide base and be used only by children who are able to sit up independently. A safety strap must be fastened around children who are seated in high chairs.
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