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When used in this Article:
(a) School means a public, non-public, chartered or other school or school facility recognized under the State Education Law and/or that has been determined by the State Education Department or the New York City Department of Education, or successor agency, as providing a compulsory education for children in grades one through twelve, and where more than six children ages three through five are provided instruction, but shall not include a child care service defined 24 RCNY Health Code Article 47. As used in this Article and unless the context clearly indicates otherwise, the term "program" may be used interchangeably to refer to and mean a "school" as defined above.
(b) Elementary school shall mean any school approved by the State Education Department to provide programs of instruction that meet State requirements for a compulsory education in the elementary grades, but does not include secondary school grades, as defined in this Article.
(c) Kindergarten and pre-kindergarten shall mean school-based programs of instruction for children ages five years and younger.
(d) Secondary school shall mean a school providing instruction in the sixth through twelfth grades, and shall include, but not be limited to, schools designated as junior high schools, intermediate schools, middle schools and high schools.
(e) Person in charge of a school shall mean a principal, headmaster, director or other person designated by the governing body of a school or school system to manage school operations, programs and implementation of the governing body's policies, and who is responsible for the health and safety of staff and children attending such school.
(f) Three years of age. A child attending an elementary school where the school year starts in September shall be deemed to be three years of age if the child's third birthday occurs or will occur on or before December 31st of the school year. In a school where the school year starts during any other month, all children in a class of three year olds shall have their third birthday within four months of the start of the school year.
(g) Imminent or public health hazard means any violation, combination of violations, conditions or combination of conditions occurring in a school making it probable that illness, physical injury or death could occur, or the continued operation of the program could result in injury or be otherwise detrimental to the health and safety of a child. If the hazard cannot be immediately corrected, the Commissioner or designee may order the school to cease operations immediately and to institute such corrective action(s) as may be required by the Department. Imminent or public health hazards include, but are not limited to:
(1) Failure to maintain constant and competent supervision of children;
(2) Use of corporal punishments or of frightening or humiliating methods of behavior management;
(3) Failure to immediately report instances of alleged child abuse, maltreatment, or neglect to the Department and the Statewide Central Register of Child Abuse and Maltreatment and to take appropriate corrective action to protect children when allegations of such abuse, maltreatment or neglect have been reported to or observed by the school;
(4) Refusal or failure to provide access to the facility to an authorized employee or agent of the Department;
(5) Uncontained sewage in any part of the facility;
(6) Transporting children in the bed of a truck or trailer or in any other part of any motor vehicle that is not designed for passenger occupancy; or transporting children without adequate supervision; or failing to use appropriate child restraints in vehicles;
(7) Failure to provide two approved means of egress or obstructing any means of egress or a required fire exit;
(8) Failure to properly store flammable liquids or other toxic substances;
(9) Failure to maintain firefighting or fire detection equipment in working order;
(10) Contamination of the potable water supply by cross connection or other faults in the water distribution or plumbing systems;
(11) Serving food to children from an unknown or unapproved source; serving food that is adulterated, contaminated or otherwise unfit for human consumption, or re-serving food that was previously served;
(12) Failing to exclude from the school a person with a communicable disease who is required to be excluded, pursuant to 24 RCNY Health Code Article 11;
(13) Failure to implement the school's written safety plan resulting in a child not being protected from any unreasonable risk to his or her safety;
(14) Conducting construction, demolition, painting, scraping, or any repairs other than emergency repairs while children are present in the facility; failing to remove children from areas and rooms while such activities are in progress;
(15) Failure to screen any person who has, or will have the potential for, unsupervised contact with children in accordance with 24 RCNY Health Code § 43.13; or
(16) Any other condition, violation, or combination of conditions or violations, deemed to be an imminent health hazard by the Commissioner or his or her designee.
(Amended City Record 12/26/2019, eff. 1/25/2020)
The provisions of this Article shall apply to pre-kindergarten and kindergarten programs of instruction provided for children ages three through five that are located within a school, or that are part of a school, and shall be in addition to requirements of other provisions of this Code applicable to schools. For the purposes of this Article, being "part of a school" shall mean that there is identical ownership, operation, management and control of kindergarten and pre-kindergarten classes for children ages three through five and all other classes provided by the school. All educational or other programs, regardless of whether they are located within, or are part of an elementary or other school, that are intended for and attended by children younger than three years of age shall be deemed child care services and the person in charge of a school shall not provide care for such children unless such programs have been issued a permit by the Commissioner pursuant to 24 RCNY Health Code Article 47.
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