A person or entity that has never held a permit issued by the Commissioner to operate a program and that proposes to operate such a program subject to such permit, shall attend a pre-permit orientation session held by the Department and shall thereafter submit an application for a permit to the Department.
(a) New application. An application for a new permit shall be submitted on forms approved or provided by the Department and shall include, but not be limited to the following:
(1) Facility pre-permit technical plan. Each plan, consisting of blueprints, architectural or engineering drawings, shall be drawn to scale, and labeled to show floor layout, all indoor rooms and outdoor areas to be occupied or used by the program, dimensions of such rooms and areas, and intended use of each area; outdoor spaces location in relation to actual distance and location from indoor spaces; and all toilets, sinks and kitchen(s) to be used by children and staff.
(2) A copy of a current certificate of occupancy issued by DOB or, if applicable, the other government entity with the authority to issue a certificate of occupancy to the facility, or, if no certificate of occupancy is required by applicable law, a statement from DOB or the appropriate state or federal government entity that the premises and facility to be used for child care or child supervision comply with all applicable building laws and codes.
(3) A report of an inspection or a statement issued by FDNY or, if applicable, the appropriate state or federal government entity, finding that the premises comply with all laws and regulations pertaining to fire prevention and control in a program.
(4) Written safety plan required by this Code.
(5) Proof that teaching staff or shelter child supervision staff credentials required by this Code have been submitted for review to and have been verified by an agent designated by the Department; and that the permit applicant has documentation of all required health examinations, immunizations, and that at least one staff member has the pediatric cardiopulmonary resuscitation (CPR) and pediatric first aid certification required by 24 RCNY Health Code § 47.37(b)(3)(A)(ii)(aa)(1).
(6) Permit fee set forth in 24 RCNY Health Code Article 5.
(7) Proof of workers' compensation and disability benefits insurance covering all employees.
(8) Proof of the program's ability to receive electronic communications. Email addresses shall be provided for the permittee, the education director or the shelter child supervision liaison, and for one or more other persons designated by the permittee or other person in control of a program as persons to receive electronic communications from the Department. The Department shall be notified of changes in email addresses for the permittee, the program, the education director, the shelter child care liaison, and other designees when such changes become effective.
(9) Names, including aliases, and other identifying and contact information for all individual owners, managers, or other persons with a controlling interest in the program, officers, directors and board members of a permittee corporation, members of an LLC, partners, education directors, shelter child supervision liaisons, executive and administrative director, if any. Identifying information must include the New York State Identification or NYSID number assigned to these individuals when they were fingerprinted by the New York State Division of Criminal Justice Services, in accordance with 24 RCNY Health Code § 47.19.
(b) Notifications of deaths, serious injuries and civil and criminal actions. Permittees and applicants for new permits shall submit, on forms provided by the Department, such information as may be required by the Department concerning all staff misdemeanor or felony arrests, deaths or serious injuries of children that have occurred, or are alleged to have occurred while such children were in the care of the applicant or permittee, or in the care of any owner, director, employee, or volunteer of the applicant or permittee, or while in the care of any agent of the permittee or applicant; and shall identify, in such detail as may be required by the Department, any related civil or criminal action already adjudicated or currently pending in any jurisdiction related to such serious injuries, deaths, or felony or misdemeanor arrests.
(c) Renewal application. An application for renewal of a permit shall be submitted on forms provided by the Department no later than 60 days before the expiration date of the current permit, and shall include the permit fee; a full description of any changes in teaching staff, written safety plan, written health plan, email communication information, physical facilities, required staff training or program which occurred after submission of the previous permit application; and specification of any existing modifications of provisions of this Article that the permittee is requesting to be renewed in connection with the new permit.
(d) Pre-renewal inspection. A renewal permit shall not be issued unless the Department has conducted an inspection of the program while it is in operation and has found the program to be in substantial compliance with this Code and other applicable law.
(e) Renovations and modifications. A permittee shall submit for approval to the Department a request for modification of an existing permit prior to undertaking renovations affecting the size, configuration, or location of rooms or areas used by children.
(f) Applications to be complete. No permit shall be issued until the Department has received and has approved all documentation, records, reports, or other information required by this Article or by 24 RCNY Health Code § 5.05. The Commissioner may reject any incomplete application for a new or renewal permit and order an existing program closed and its permit suspended or revoked if the permit application contains misleading information, or information is omitted.
(Amended City Record 9/20/2016, eff. 10/20/2016; amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)