Loading...
No permit shall be issued unless the permit applicant has obtained and submitted to the Department:
(a) Certificate of occupancy. A Certificate of occupancy, or a statement of approval that the premises comply with all applicable building laws and codes and may be used as a child care or child supervision facility, issued by DOB or, if applicable, another government entity with the authority to issue a certificate of occupancy to the facility. Where a certificate of occupancy is not required by law, the permit applicant shall submit a current inspection report issued by DOB or, if applicable, an appropriate state or federal government entity certifying that there are no outstanding uncorrected violations of the applicable building code(s). Such documentation shall be kept on site and made available to the Department upon request.
(b) Fire safety statement. A statement or report from the New York City Fire Department (FDNY) or, if applicable, the appropriate state or federal government entity, that the premises have been inspected and currently comply with all applicable laws and regulations pertaining to fire control and prevention. A permit shall not be issued or renewed, unless a statement or report is submitted demonstrating compliance with such laws, based upon FDNY's or, if applicable, the appropriate state or federal government entity's, determination on an inspection made within 12 months of the date of submitting the permit renewal application. Such documentation shall be kept on site and made available to the Department upon request.
(c) Criminal justice and child abuse screening. Documentation satisfactory to the Department that the permit applicant has submitted all necessary forms and requests for all persons requiring criminal justice and Statewide Central Register of Child Abuse and Maltreatment (SCR) screening in accordance with 24 RCNY Health Code § 47.19. Such documentation must be kept on site and made available to the Department upon request.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018; amended City Record 12/26/2019, eff. 1/25/2020)
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)
(a) Safety plan required. Every current permittee and every applicant for a new permit shall develop, review annually and update, in accordance with changed circumstances, conditions or activities, or as required by the Department, a written safety plan. The written safety plan shall be approved by the Department if it includes all the information required in this Article. Upon permit renewal, if no changed circumstances require changes to a previously approved written safety plan, the permittee shall state in writing that no changes were needed or made to the plan. The safety plan shall be implemented by the permittee, provided to parents on request, kept in an accessible location at the facility. The program must provide all staff and volunteers with copies of the safety plan and training in implementing the policies and procedures of the plan. This training shall include, but not be limited to, training and drills in medical and other critical and emergency response procedures, including evacuation of the premises. Documentation showing that staff received copies of the plan and training and drills in implementing its provisions must be maintained on site by the permittee and made available to the Department upon request while staff remain employed at the program.
(b) Scope and content. The written safety plan shall establish policies and procedures for safe operation, including teaching and other staff duties, facility operation and maintenance, fire safety, general and activity-specific safety, emergency management, staff and child health and medical requirements, staff training and parent/child orientation. The written safety plan shall consist of, at a minimum, a table of contents and the following components:
(1) Staff: organizational chart and job descriptions.
(2) Program operation and maintenance: schedules and designated staff for facility inspection, cleaning and maintenance, and schedule for boiler/furnace and HVAC system maintenance, maintenance of adequate water pressure, protection of the potable water supply from submerged inlets and cross-connections in the plumbing system, schedule for the annual lead paint survey, inspection of window guards, indoor and outdoor equipment inspection and replacement schedule, evaluation of injury prevention procedures, equipment and structures, identification of procedures for transportation vehicle maintenance, food protection procedures during receipt, storage and preparation, identity of individuals certified in food protection, schedule for sanitization procedures of food prep areas, and identification of approved food sources.
(3) Fire safety: evacuation of buildings and property, assembly, supervision, and accounting for children and staff; fire prevention; coordination with local fire officials; fire alarm and detection systems and their operation, maintenance, and routine testing; type, location and maintenance of fire extinguishers; inspection and maintenance of exits; required fire drills and log; electrical safety; and reporting to the Department within 24 hours any fire of which the FDNY or other appropriate state or federal government entity is notified, or that damages any facilities, is threatening to life or health.
(4) Health care plan:
(A) a statement of policies and procedures specifying how the health and medical requirements of this Code shall be implemented, including but not limited to the following topics:
(i) individual children's restrictions on activities, needs for medication administration, and other special needs, if any;
(ii) initial health screenings and required immunizations for children and staff, and collection of related documentation prior to enrollment of a child or hire of a staff member;
(iii) daily health surveillance of children;
(iv) provision of basic pediatric first aid, and handling and reporting medical emergencies and outbreaks;
(v) storage of the required epinephrine auto-injectors as directed by the manufacturer, including their storage location, which must be readily accessible to trained staff but not accessible to children; procedures for inspection of the epinephrine auto-injectors to determine whether the storage location continues to be in compliance with the requirements specified by the manufacturer, and whether the auto-injectors have reached their expiration dates, and procedures for replacement when necessary; and procedures for use of the epinephrine auto-injectors. The name and title of the individual responsible for the epinephrine auto-injectors' inspection and maintenance must be included in the plan and kept current;
(vi) response to allegations of child abuse;
(vii) medical, nursing, and emergency medical services addressing special individual needs;
(viii) names, qualifications, and duties of staff certified in pediatric first aid and pediatric CPR;
(ix) separation facilities, supervision, and procedures for caring for ill children until a parent, guardian, or other care giver arrives;
(x) storage of medications;
(xi) location and use of first aid and CPR supplies;
(xii) maintenance of a medical log, to be kept on site and provided to the Department upon request;
(xiii) universal precautions for blood borne pathogens;
(xiv) reporting of child and staff illness and injuries; and
(xv) sanitary practices.
(B) If the permittee has a medication administration policy, the permittee shall immediately notify the Department of any changes in designated exempt or certified staff.
(5) Corrective action plans: actions to be taken to protect children on receipt of reports of alleged and confirmed teaching and other staff criminal justice or child abuse histories.
(6) General and activity specific safety and security: procedures for establishing and maintaining accountability for children and child supervision during all on and off-site activities; maintaining records of staff schedules and assignments, addressing at a minimum:
(A) Observing and recording children's daily attendance and the times children enter and leave the program, in accordance with 24 RCNY Health Code § 47.27(a);
(B) Recreational and trip supervision and staffing for specific outdoor and off-site activities in accordance with 24 RCNY Health Code § 47.57;
(C) Sleep and rest period supervision;
(D) Bathroom use supervision;
(E) Transportation supervision in accordance with 24 RCNY Health Code § 47.65;
(F) Procedures for and staff assigned to (i) securing the facility from unauthorized entry and preventing children from leaving the facility unless they are escorted by authorized adults; (ii) observing and monitoring all entrances and exits at all times children are on premises; and (iii) periodic observation and monitoring of stairs, hallways, bathrooms and unoccupied spaces during program operation.
(7) Infant sleep safety: practices and policies that establish a safe sleeping environment, promote an infant's comfort and well-being and reduce the risk of suffocation or death occurring while infants are in cribs or asleep. Such practices and policies must be based on current recommendations of the American Academy of Pediatrics, American Public Health Association, and the National Resource Center for Health and Safety in Child Care and Early Education, Caring for our children: National Health and Safety Performance Standards; Guidelines for Early Care and Education Programs, 3rd edition, 2011, or successor recommendations. The plan must include procedures for actively observing and evaluating infants for overheating, breathing status, and other signs of physical or medical distress that may require intervention, at intervals not to exceed 15 minutes. A log, on forms provided or approved by the Department, must be maintained. The log for the immediately prior 14 days must be kept on site for two weeks after observations take place, and must be made available to the Department upon request. Forms with entries indicating problems observed in an individual infant shall be kept in the child's medical record while the child remains enrolled in the program. The use of infant movement monitors or infant apnea monitors does not relieve the program of the responsibility to conduct and note required observations.
(8) Staff training: new employee orientation; training curricula, including how staff will be trained in the provisions of the written safety plan and be made aware of its contents of and any changes to the safety plan; procedures for child supervision, infant sleep safety; behavior management; child abuse recognition and reporting; prevention of shaken baby syndrome; prevention of and response to emergencies related to food or allergic reaction; prevention and control of infectious diseases (including immunization), provision of first aid and emergency medical assistance, including but not limited to cardiopulmonary resuscitation and response to emergencies related to food or allergic reaction, including but not limited to use of an epinephrine auto-injector; reporting of child injury and illness; managing and reporting incidents where children are lost to supervision; fire safety and fire drills; child and staff evacuation procedures; activity specific training for assigned activities; handling and storage of hazardous materials and appropriate disposal of biochemicals; and process to document attendance at staff training.
(9) Emergency evacuation: age-specific plans for removal of children from the premises for each shift and program where care is provided. Primary emphasis shall be placed on the immediate evacuation of children in premises which are not fireproof. Emergency evacuation procedures, implementing recommendations of FDNY or, if applicable, the appropriate state or federal government entity, shall be posted in conspicuous places throughout the facility. The emergency evacuation plan shall include the following:
(A) How children and staff will be made aware of the emergency;
(B) Primary and secondary routes of egress;
(C) Methods of evacuation, including where children and staff will meet after evacuating the building, and how attendance will be taken;
(D) Roles of the staff and chain of command;
(E) Notification of authorities and the children's parents.
(10) Parent/child orientation: orientation curriculum outline; tour of premises; reporting and management of illnesses, injuries and other incidents; evacuation plan; lost child plan; lightning plan; fire safety and fire drills; evacuation procedures; activity specific training for assigned activities; trips (if provided).
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Accreditation. In determining teaching staff qualifications, the Department may accept documentation from schools, colleges and universities approved by the State Education Department or other teacher accreditation organizations acceptable to the Department certifying that such persons have met the specific Code requirements. All documents pertaining to teaching staff qualifications must be submitted for review to an agency designated by the Department. All foreign language documents pertaining to teaching staff qualifications shall be accompanied by an English language translation of such documents performed by a translator on the list of foreign language evaluation services maintained by the Department of Citywide Administrative Services.
(b) Pending certifications. A permittee may temporarily employ an education director or group teacher whose application for certification is fully submitted and pending certification by the State Education Department or other accreditation organization or whose study plan for obtaining certification is fully submitted and pending approval by the Department, provided that the permittee has complied with criminal justice and Statewide Central Register of Child Abuse and Maltreatment (SCR) screening requirements for staff set forth in this Article. No individual qualifying as an education director under this subsection may serve in that capacity with a pending certification for a total of more than 6 months. All relevant documentation must be kept on site and made available to the Department upon request.
(c) Education director. Except as provided in 24 RCNY Health Code §§ 47.15 or 47.17, every child care program must designate a certified group teacher as the education director, who shall be in charge of staff training, educational and child development programs and shall supervise all teaching staff at each permitted child care program. An education director may serve in such capacity for a maximum of two programs, and only if such programs are co-located and operated by the same legal entity.
(1) Coverage for education director. Except as provided herein, a program's education director must be on site at all times while the program is caring for one or more children. At any time when the education director is not on the premises to supervise a child care program, the permittee must designate an individual to act as education director. Except as provided in 24 RCNY Health Code §§ 47.15 or 47.17, such individual must be a certified group teacher or a group teacher whose application for certification is fully submitted and pending certification by the State Education Department or other accreditation organization, or whose application for certification is fully submitted and pending approval by the Department, provided that the permittee has complied with criminal justice and SCR screening requirements for staff set forth in this Article. In addition, the permittee must notify the Department in writing within 5 business days of the separation from service of the education director. When the education director is separated from service or will be on leave for more than 5 business days, the permittee must notify teaching staff and the Department in writing of the certified teacher who has been designated as education director and make this written communication available to the Department for inspection upon request.
(2) Teaching duties. The education director shall have no teaching duties when the attendance at a child care program is greater than 40 children, or if the education director is serving in such capacity for two co-located programs. If the child care program holding a permit is part of an elementary school offering classes from grades one through six, and has either child care programs for children under three years of age or has voluntarily applied for a permit, pursuant to this Article, and such school also has a principal with no teaching duties, the education director shall not have any teaching duties when more than 60 children are enrolled in the child care program.
(A) A baccalaureate degree in early childhood education or a related field of study approved by the Department and at least two years of documented experience as a group teacher in a program for children under six years of age; and
(B) Valid certification issued by the State Education Department, pursuant to 8 NYCRR § 80 or successor rule.
(d) Group teacher. Except as provided in 24 RCNY Health Code § 47.15 or 47.17, no person shall be placed in charge of a group of children in a child care program unless qualified pursuant to paragraph (1), (2), or (3) of this subdivision. All relevant documentation shall be kept on site and made available to the Department upon request.
(1) Baccalaureate degree and State certification. A baccalaureate degree in early childhood education or a related field of study approved by the Department and valid certification issued by the State Education Department, pursuant to 8 NYCRR § 80 or successor rule; or
(2) Baccalaureate degree and experience. A baccalaureate degree in early childhood education or a related field of study approved by the Department and two years of supervised and documented relevant experience in a pre-school program if currently employed in a permitted child care program; or
(3) Study plan. The person has proposed a plan for meeting the requirements of paragraph (1) or (2) of this subdivision within seven years, and has obtained approval of this plan by an accredited college. A person who is eligible pursuant to a study plan shall submit documentation to the Department indicating proof of enrollment in such college and specifying the time, not to exceed seven years, required for completion of the study plan.
(A) The course of study may include the following study areas:
(i) Sociological, Historical, Philosophical Foundations of Education or
(ii) Sociology of Education or History of Education or Philosophy of Education
(iii) Child Development or Child Psychology
(iv) Educational Developmental Psychology or Psychological Foundations of Education
(v) Instructional Materials and Methods Courses - three courses required, including one on the pre-kindergarten or kindergarten level including, but not limited to, such courses as:
(aa) Teaching of Reading, Teaching of Math, Teaching Science to Young Children
(bb) Teaching of Music, Teaching of Art, Methods of Teaching of Language Arts
(cc) Teaching of Computer Technology to Young Children
(vi) Parent Education and Community Relations or Urban Education or Sociology of the Family or Parent, Child, School.
(B) To be study plan eligible, a person shall have:
(i) Associate's (AA or AS) degree in early children education, practicum included; or
(ii) Ninety or more undergraduate college credits and one year classroom experience teaching children in pre-kindergarten, kindergarten or grades 1-2; or
(iii) Baccalaureate in any other academic subject and one year classroom experience teaching children up to third grade.
(e) Group teacher for children with special needs. A group teacher for children with special needs shall be certified in special education, or early childhood education, with additional appropriate training in working with special needs children, in accordance with applicable law. All relevant documentation shall be kept on site and made available to the Department upon request.
(f) Assistant teacher. An assistant teacher shall be at least 18 years of age and have a high school diploma or equivalent (GED). All relevant documentation shall be kept on site and made available to the Department upon request.
(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; amended City Record 12/26/2019, eff. 1/25/2020)
A child care program authorized to provide care for children under 24 months of age may employ staff with either the qualifications listed in 24 RCNY Health Code § 47.13 for each title or the following alternative qualifications. All documents and credentials must be submitted for review to an agency designated by the Department and shall be kept on site and made available to the Department upon request:
(a) Education director qualifications.
(1) Baccalaureate degree in early childhood education or related field of study, and
(2) At least one year of experience as a group teacher or on the teaching staff in a child care program for children under 24 months of age, or six college credits in infant/toddler coursework, or a study plan leading to six college credits in infant/toddler coursework
(b) Group teacher in an infant/toddler program. A group teacher for an infant/toddler program shall be at least 21 years of age and have the following qualifications:
(1) Associate's (AA or AS) degree in early childhood education; or
(2) Child Development Associate (CDA) certification and a study plan leading to an associate's degree in early childhood education within seven years; or
(3) High school diploma or equivalent (GED); nine college credits in early childhood education or child development; two years' experience caring for children, and a study plan leading to an associate's degree in early childhood education within seven years; or
(4) High school diploma or equivalent (GED) and five years of supervised experience in an infant/toddler classroom if currently employed in a permitted child care program; or
(5) High school diploma or equivalent (GED); and a study plan that is acceptable to the Department leading to nine credits in early childhood education or childhood development within two years; and a study plan leading to an associate's degree in early childhood education within seven years, if currently employed in a permitted child care program.
(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)
(a) Night child care programs may employ staff with either the qualifications listed in 24 RCNY Health Code § 47.13 for each title or the following alternative qualifications. All documents and certifications required by this section must be submitted for review to an agency designated by the Department and shall be kept on site and made available to the Department upon request.
(b) Education director qualifications. The education director shall be qualified in accordance with 24 RCNY Health Code § 47.13; or hold a baccalaureate degree, including 12 college credits in early childhood education, and have two years' experience in a licensed program with children younger than six years of age.
(c) Assistant teacher. An assistant teacher in a night child care program shall be at least 18 years of age and have the following qualifications:
(1) High school diploma or equivalent (TASC or GED); nine college credits in early childhood education or child development; and two years' experience caring for children; or
(2) High school diploma or equivalent (TASC or GED) and five years of supervised experience in a permitted child care program; or
(3) High school diploma or equivalent (TASC or GED); and a study plan that is acceptable to the Department leading to completion of nine credits in early childhood education or childhood development within two years.
(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)
(a) Every family shelter-based drop-off child supervision program must designate at least one qualified individual as a shelter child supervision liaison for every 30 children enrolled in the program. If a site has more than one liaison, one must be designated head liaison.
(1) Coverage for shelter child supervision liaison. When a shelter child supervision liaison is not present to supervise a family shelter-based drop-off child supervision program, the permittee shall designate an interim liaison. In addition, the permittee must notify the Department in writing within five business days of the separation from service of a required shelter child supervision liaison. When a shelter child supervision liaison is separated from service or will be on leave for more than five business days, the permittee must notify families and program staff in writing of the name of the designated interim liaison. This written communication must be kept on site and made available to the Department upon request.
(2) Qualifications. Each shelter child supervision liaison must have a baccalaureate degree from an accredited college or university in the social sciences, applied health sciences, or human services, or a related degree approved by the Department.
(3) Accreditation. In determining shelter child supervision liaison qualifications, the Department may accept documentation from schools, colleges, and universities approved by the State Education Department or other accreditation organization acceptable to the Department certifying that the liaison has met the specific Code requirements. All liaison documentation must be submitted to the Department for review and shall be kept on site and made available to the Department upon request.
(b) A shelter child supervisor must have at a minimum an associate's degree in the social sciences, applied health sciences, or human services, or a related degree that is approved by the Department, or a Child Development Associate (CDA) certification. In determining shelter child supervision liaison qualifications, the Department may accept documentation from schools, colleges, and universities approved by the State Education Department or other accreditation organization acceptable to the Department certifying that the liaison has met the specific Code requirements. All liaison documentation must be submitted to the Department for review and shall be kept on site and made available to the Department upon request.
(Added City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
Loading...