§ 43.31 Construction and Severability.

This Article must be liberally construed for the protection of the health of children attending programs regulated by this Article. If any provision of this Article is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of this Article.

(Added City Record 12/26/2019, eff. 1/25/2020)

Article 45: General Provisions Governing Schools and Children's Institutions

§ 45.01 Definitions.

When used in this article and in 24 RCNY Health Code Articles 49 and 51:

   (a)   School means a public or private elementary or junior high school where more than six children are received for instruction, but does not include a day care service attached to an elementary or junior high school. The term school shall include a kindergarten conducted as part of an elementary school by the Board of Education.

   (b)   Children's institution means a congregate institution, group residence, group home or other place where, for compensation or otherwise, seven or more children under 21 years of age are received for day and night care apart from their parents or guardians. The term children's institution shall not, however, include a children's overnight camp as defined by 24 RCNY Health Code § 48.03(b), a boarding school as governed by 24 RCNY Health Code § 49.11, or a children's hospital.

§ 45.03 Statement of Policy; Scope of 24 RCNY Health Code Article 45 .

   (a)   It is hereby recognized that other State and City agencies, including among others, the Board of Education, the State Department of Social Welfare, and the State Department of Health, have important functions in areas relating to the health and welfare of children. The Department shall, therefore, as far as possible, administer the provisions of 24 RCNY Health Code Articles 45 through 51 with due regard to the duties and responsibilities of such other agencies, and shall, as far as possible, coordinate its activities with theirs. The provisions of these articles are not intended and shall not be construed to interfere with the teaching of religion. It is further recognized that experimentation and the testing of new ideas are of great importance in raising standards relating to schools and children's institutions. The provisions of 24 RCNY Health Code Articles 45 through 51 shall not be interpreted to favor any specific doctrine of child care or early childhood education, but shall be applied so as to permit experimental programs of all kinds consistent with the health, safety and welfare of children.

   (b)   The provisions of 24 RCNY Health Code Article 45 shall apply to schools and children's institutions and the provisions of 24 RCNY Health Code § 45.09(b), (c) and (d) shall also apply to public and private high schools.

§ 45.05 Copy of Code to Be Kept and Made Available .

The person in charge of a school or children's institution shall keep a copy of this Code and shall make it available to all personnel.