This Chapter applies to any child care program holding a permit to operate in New York City pursuant to Article 47 of the Health Code ("Health Code") located in Title 24 of the Rules of the City of New York.
(Added City Record 12/29/2017, eff. 1/28/2018; amended City Record 2/22/2022, eff. 3/24/2022)
When used in this Chapter, the following terms have the following meanings:
"Adjudicated violation" means a cited violation of the Health Code or Department rules sustained following a hearing or default, pursuant to a decision by a hearing officer at the Office of Administrative Trials and Hearings ("OATH") or pursuant to a settlement agreement between the Department and a child care program, to the extent that such decision or settlement agreement remains in effect. "Adjudicated violation" also includes any cited violation for which a hearing has not been held but for which the hearing date has been rescheduled at the request of the child care program more than one time.
"Facility maintenance violation" means a violation of the Health Code or Department rules related to the physical space of the child care, reflecting an environmental hazard or other physical deficiency in the real property covered by the permit, including but not limited to a violation of requirements related to internal and external spaces, physical plant, equipment and structural maintenance, sanitation, egress, fire and general safety, lighting, ventilation, plumbing, food safety or pest control.
"Higher risk violation" means a violation, other than a violation of this Chapter, with a penalty amount fixed by the Health Code or Department rules at over $200.
"Initial inspection" means an inspection conducted other than for the purpose of ascertaining whether a prior violation has been abated, or in response to a complaint.
"Lower risk violation" means a violation with a penalty amount fixed by the Health Code or Department rules at $200, or a violation of this Chapter.
"Permit" means a permit issued by the Department pursuant to Article 47 of the Health Code.
"Permit suspension" means a suspension of a child care program's permit to operate due to a violation of the Health Code or any rule promulgated by the Department, other than a suspension that is subsequently vacated.
"Program operations violation" means a violation of the Health Code or Department rules related to permitting, written safety plan, staff qualifications, clearances, training, child supervision, child and staff health requirements, personal hygiene, child development policies, performance summary cards, records or documentation, Department inspections, or any other violation of the Health Code or Department rules that does not constitute a facility maintenance violation.
"Site" means the location, specified in a permit, where child care services are provided.
"Teaching staff" means the education directors, group teachers, assistant teachers, and teacher aides of a child care program.
(Added City Record 12/29/2017, eff. 1/28/2018; amended City Record 2/22/2022, eff. 3/24/2022)
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