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No reptiles, dogs, cats, or any other animals whose possession is prohibited by 24 RCNY Health Code § 161.01, or successor rule, shall be harbored in a facility. Any animals that are harbored in a facility shall be in good health, show no evidence of carrying any disease, and shall pose no threat to children. Pets shall be kept in cages, and waste material within cages shall be cleaned daily or more often, if needed.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Furnishings.
(1) Tables, chairs, furniture and equipment must be age and size appropriate, finished with non-toxic surface coverings, easily cleanable, and cleaned and sanitized as needed, in a manner consistent with the health and safety of the children in the program.
(2) All items of large furniture and all electronic appliances capable of being tipped over due to design, height, weight, stability or other features must be secured to the floors or walls of such facility, using angle-braces, anchors or other anchoring devices. Any item of furniture or electronic device which cannot be so anchored must be removed from the child care facility.
(b) Naps.
(1) A separate firm sanitary cot, crib, mat, playpen or other sleeping arrangement specifically approved by the Department shall be provided for each child who spends more than four hours a day in the program.
(2) Stackable cribs shall be prohibited.
(3) Cots or other sleep equipment shall be placed at least two feet apart unless separated by a screen or partition.
(4) Pillows shall not be used for children under two years of age except when recommended by a child's health care provider.
(5) A clean sheet shall be provided for the exclusive use of each child.
(6) Blankets that are sufficient to maintain adequate warmth shall be made available for each child and shall be used when necessary.
(7) Sheets, pillows and blankets shall be stored separately for each child to avoid cross-contamination, and sheets, pillow cases and blankets shall be washed at least weekly.
(c) Space for clothing. Space shall be provided and arranged so that each child's outer garments may be hung separately, safely and within each child's reach.
(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) Telephone service. The permittee shall provide and maintain at least one dedicated land line listed telephone for emergency use, and shall conspicuously post adjacent to the telephone current telephone numbers and instructions for obtaining fire, police and emergency medical assistance, contacting the Department's poison control hotline and Bureau of Child Care, or successor program, and the SCR child abuse hotline.
(b) Eliminate safety hazards. Precautions shall be taken to eliminate all conditions in areas accessible to children that pose a safety or health hazard.
(c) Choking hazards. Handbags, backpacks, briefcases, or other personal items belonging to adults or children, plastic bags, toys and objects small enough for children to swallow shall be stored in manner that they are not accessible to children.
(d) Cold weather. When outdoor temperatures are below 55°F, and children are on premises, permittees shall maintain indoor air temperatures between 68°F and 72°F in all rooms, areas and other spaces used by children.
(e) Heat advisories. On designated heat advisory, excessive heat warnings or watches, or ozone or other air pollution advisory days, the permittee shall maintain physical comfort levels of children and staff by providing adequate facility ventilation and/or air conditioning. The permittee shall implement policies to increase children's fluid intake and facilitate adequate hydration. Activities shall be modified to protect children from heat associated disorders and conditions, including but not limited to heat stress and heat strain, and scheduled activities shall be otherwise restricted or cancelled in response to restrictions or recommendations of the New York City Office of Emergency Management or the National Weather Service. During severe weather or other advisories, the permittee shall take appropriate action to protect the safety and health of children, including but not limited to, early dismissal, closing of the program, and employing appropriate precautions during transportation. Such precautions shall be described in the written safety plan.
(f) Approved areas to be used. Children shall not be kept for any period of time in any areas of a building or other premises not previously approved by the Department and by FDNY and DOB or other appropriate government entities for such use. Such approval shall not be granted by the Department unless the premises and the area surrounding the premises are free from fire, traffic, and other safety or health hazards.
(g) Environmental hazards. Programs obtaining a first permit after September 1, 2008, shall not be co-located in any building or other premises containing commercial or manufacturing establishments associated with environmental hazards including, but not limited to those associated with dry cleaners, gas stations and petrochemical storage and distributors, automotive dealerships/maintenance or repair facilities, commercial printing, industrial/manufacturing plants and machine/equipment servicing, nuclear laboratories or power plants, or on premises identified as a federal or state superfund or other cleanup site, or any property with known contaminated ground or water supplies. No permit shall be issued or renewed for any program located in any building or other premises unless such building or premises are free of environmental hazards including but not limited to those identified above, or any other condition dangerous to life and health. When the permittee or the operators or other persons in control of any premises occupied by any program learn of a current or prior commercial activity or condition that may result in potential exposure to environmental hazards, such persons shall submit written notification on a form provided by or satisfactory to the Department of the existence of such activity or condition. When the Department determines that a condition may expose children or other persons to environmental hazards at the premises occupied by any program, it may order the abatement or remediation of such condition. In such cases as it deems necessary the Department may conduct and/or order the owner or other persons in control of the premises occupied by the program to conduct an environmental assessment consisting of but not limited to environmental sampling and to take such other action as it deems essential to protect the public health.
(h) Adults restricted. Adults allowed on the premises occupied by a program shall be limited to staff, parents and/or guardians and other authorized relatives and volunteers, student teacher trainees or observers, credentialed Department staff and other governmental inspectors, and persons providing authorized services to the program.
(1) Authorized escorts. The permittee must obtain and maintain for every child a list of the name, relationship to child, address and contact information of every person the parent has authorized to escort a child from the program. The permittee shall not release any child to any individual who has not been identified by the parent as a person who is authorized to escort a child out of the facility.
(2) Notification to parents. The permittee must notify parents that the Health Code requires that no child is permitted to leave the program at any time with any person whose name is not on file at the program as an authorized escort. If any other person appears to escort a child out of the program, the permittee must immediately verify with the parent that the parent has authorized the escort before allowing the child to leave the program.
(i) Instructional swimming and aquatic activities. Programs shall obtain written approval of the Department prior to offering any swimming or other aquatic activities. Aquatic activities for group child care programs or family shelter-based drop-off child supervision programs are limited to learn to swim or water safety programs that use a supervision protocol approved by the State Commissioner of Health to protect children from injury or drowning. When authorized by the Department, such activities shall be conducted in accordance with the program's written safety plan and the following requirements:
(1) Facilities and equipment.
(A) Programs may utilize only swimming pools operating, pursuant to a permit issued by the Department, or other State permit issuing official, in accordance with 24 RCNY Health Code Article 165 and Subpart 6-1 of the New York State Sanitary Code, or successor regulations.
(B) Swimming at bathing beaches, spa pools and in "fill and draw" pools is prohibited.
(C) Swimming pools or other bodies of water within the grounds of a facility shall be surrounded by a barrier sufficient to form an obstruction to children having access to such body of water in accordance with 24 RCNY Health Code Article 165.
(D) Barrier walls, fences and gates shall be at least six feet high, except for wading pools, which shall be enclosed by barriers at least four feet high, and shall be firmly attached to the adjacent ground, and shall completely enclose the pool or body of water.
(E) Pathways, walkways, decks, or other connecting entrance to the pool or body of water shall be obstructed by barriers that prevent children from having access to the pool or body of water.
(2) Supervision: aquatic staff responsibilities and qualifications.
(A) At least one qualified lifeguard shall be provided by the pool or the program for every 25 children or portion thereof and for every 3,400 square feet of pool surface area. Qualified lifeguards, as defined in 24 RCNY Health Code Article 165, shall actively supervise children participating in swimming and aquatic activities, as detailed in the written safety plan, and shall not be engaged in any other duties or activities that distract them from direct supervision of children in the pool.
(B) The permittee shall identify an employee to act as an aquatics director responsible for direct supervision of all swimming and aquatic activities. The aquatics director shall be present during all swimming and aquatic activities; shall establish and oversee all such activities on and off-site; and shall supervise all staff, volunteers, and children participating in these activities.
(C) During all swimming and aquatics activities, the aquatics director or designee shall have in his or her possession the approved written safety plan; and shall maintain for each swimming session an accountability system detailed in the written safety plan and approved by the Department for recording the name of each child, the swimming area to which the child is assigned, the adult to whom the child is assigned in the swimming area, and the dates and times of initiation and cessation of aquatic and swimming activities.
(D) The aquatics director shall:
(i) be at least 18 years of age;
(ii) possess either: a current CPR certificate, not exceeding one year in duration, in CPR for the Professional Rescuer issued by the American Red Cross (ARC); or a current CPR certificate, not exceeding one year in duration, issued by a certifying agency determined by the State Commissioner of Health to provide an adequate level of CPR training; and
(iii) be either:
(aa) a progressive swimming instructor who is a currently certified ARC water safety instructor or possesses a current certificate issued by certifying agency determined by the State Commissioner of Health to provide an adequate level of similar training; or
(bb) a qualified lifeguard, as specified in the New York State Sanitary Code § 7-2.5(g), or successor regulation, who meets lifeguarding, first aid and CPR certification requirements detailed in Part 6 of the State Sanitary Code including minimum lifeguard supervision level IIa.
(F) At least one progressive swimming instructor (PSI) shall be provided by the pool or permittee during all learn-to-swim programs, and shall provide instruction to no more than 10 children in the water at one time. A PSI shall be in the water at all times with the children and shall not be engaged in any other duties or activities that distract from direct instruction of children in the pool. The PSI shall be:
(i) at least 18 years of age; and
(ii) be a water safety instructor currently certified by the American Red Cross, or possess a current certificate issued by a certifying agency determined by the State Commissioner of Health to provide an adequate level of similar training; and
(iii) possess either: a current CPR certificate, not exceeding one year in duration, in CPR for the Professional Rescuer issued by the American Red Cross (ARC); or a current CPR certificate, not exceeding one year in duration, issued by a certifying agency determined by the State Commissioner of Health to provide an adequate level of CPR training.
(G) There shall be at least one staff member, parent, volunteer, or PSI located in the water in close proximity to children in the water, so as to provide immediate assistance to children in distress, with direct visual surveillance of:
(i) every two children in water that is less than chest deep as measured on the children; or
(ii) every one child in water that is greater than chest deep as measured on the children; or
(iii) every three children in the water if children are wearing non-inflatable, properly fitted flotation devices that are secured to their bodies.
(H) Staff members, parents, or volunteers in the water shall not be engaged in any other duties or activities that distract from direct supervision and support of children in the pool, and shall:
(i) be at least 18 years of age.
(ii) have their ability to swim established by the PSI prior to supervising children in the water. The PSI must assess their swimming capability, record the results, and incorporate them in the written safety plan which is maintained on file by the permittee.
(I) Learn-to-swim programs shall operate in water less than chest deep for all PSI, staff members, parents, and volunteers in the water.
(J) At least one staff member certified in pediatric CPR shall be present during all swimming and aquatic activities.
(3) Child safety.
(A) Children under 3 years of age are prohibited from participating in all swimming and aquatic activities.
(B) The written safety plan shall incorporate the safety requirements and supervision procedures applicable to swimming activities.
(C) An accountability system for supervising and accounting for children shall be established and detailed in the written safety plan approved by the Department, and shall include, but not be limited to
(i) an accountability system which identifies each child by name, the swimming area to which the child is assigned, the adult to whom the child is assigned in the pool, and a record of the dates and times of initiation and cessation of aquatic and swimming activities.
(ii) accountability checks of the children are made at least every 15 minutes and results recorded in an accountability log or in accordance with the accountability system detailed in the program's written safety plan approved by the Department. Any logs maintained in connection with this requirement shall be kept on site and made available to the Department upon request.
(D) The program's written safety plan shall specify duties of all staff in case of swimming and aquatic activity emergencies, including but not limited to emergency procedures for "lost swimmers."
(E) Prior to each swimming and aquatic activity, the aquatics director shall meet with all staff and volunteers assigned to the activity and review their roles and duties at the area, including the children to whom each adult is assigned, and emergency procedures for "lost swimmers."
(F) Prior to every trip to an off-site swimming facility not owned by the program, the permittee shall obtain and maintain on file for each child a written consent from a parent or guardian. A consent form approved by the Department shall be incorporated in the written safety plan and shall include the child's name and age, the destination and type of activities authorized during the field trip, and the date of the trip.
(j) Taking children off-site. When scheduling off-site trips or activities, the permittee must designate from among the staff accompanying the children on the trip or activity a staff member to serve as a trip coordinator. The trip coordinator is responsible for overall child supervision and must accompany each group of children when they go to off-site locations. Staff/child ratios for each group on the trip or participating in the activity must be at least the same as the ratios required by 24 RCNY Health Code § 47.23.
(1) Staffing. The trip coordinator shall determine whether and how many additional staff and/or adult volunteers are required to maintain constant line of sight supervision of each child during the time children are offsite in addition to maintaining the staff/child ratios required by 24 RCNY Health Code § 47.23. The duties of the trip coordinator and instructions for determining the number of additional staff must be included in the program's written safety plan.
(2) Child accountability. A system for maintaining accountability for children must be detailed in the written safety plan and include, at a minimum, provisions for:
(A) Name-to-face headcounts. During each trip offsite, staff must conduct name-to-face headcounts before leaving the facility, upon arrival at the offsite location, at periodic intervals while at the location, before departing from the location and upon arrival back at the facility.
(B) Identification of children. The permittee must provide each child with a piece of clothing and/or other item that identifies and provides contact information for the program, but shall not include any child's given or family name.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) All exits shall have clear and legible illuminated exit signs. All exit signs and emergency lighting shall be maintained in working condition.
(b) Programs shall have approved fire extinguishers in good working order and have them inspected as required by the Fire Department.
(c) In a program holding a permit for more than 30 children, an approved interior fire alarm system shall be provided. All programs applying for a new permit or that are located in premises undergoing material alterations must be equipped with Fire Department approved interior fire alarm systems. Infant-toddler child care programs, and family shelter-based drop-off child supervision programs that supervise infants or toddlers, obtaining a new permit or that are located in premises undergoing material alterations must be equipped with a sprinkler system that complies with the New York City Building Code.
(d) Fire drills shall be conducted monthly and logged. Such logs shall be kept on site and made available to the Department and the Fire Department upon request.
(e) Heating apparatus shall be equipped with adequate protective guards. Space heaters shall not be used.
(f) Premises shall be free of electrical, chemical, mechanical and all other types of hazards.
(g) Smoke and carbon monoxide detectors with audible alarms shall be provided in accordance with applicable law or as required by the Department or the Fire Department, and shall be maintained in working condition.
(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) Food shall be stored, served to, and prepared for children in accordance with 24 RCNY Health Code Article 81, except that no additional permit to operate a food service establishment shall be required. The permittee shall designate as a supervisor of food service operations a person who has a certificate in food protection issued, pursuant to 24 RCNY Health Code § 81.15(a)(1) or (2), or successor rule. Such person shall be on premises to supervise all food storage, preparation, cooking, holding, and cleaning activities, whenever such activities are in progress.
(b) Food supplied to children shall be wholesome, of good quality, properly prepared in accordance with nutritional guidelines provided or approved by the Department, age-appropriate in portion size and variety, and served at regular hours at appropriate intervals.
(1) Beverages with added sweeteners, whether artificial or natural, shall not be provided to children.
(2) Juice shall only be provided to children over two years of age, and only 100% juice shall be permitted. Children shall receive no more than four ounces of 100% juice per day.
(3) When milk is provided, children ages two and older shall only be served milk with 1% or less milk-fat unless milk with a higher fat content is medically required for an individual child, as documented by the child's medical provider.
(4) Water shall be made available and shall be easily accessible to children throughout the day, including at all meals. Potable drinking water supplies shall be located in or near classrooms and playrooms. Except when bubbler fountains are used, individual disposable drinking cups shall be provided within reach of children. If bubbler fountains are used, they shall be of the angle jet type with suitable guards and shall have water pressure sufficient to raise the water high enough above the spout to avoid contamination.
(5) Any special diet shall be provided only in accordance with a note from a physician, except that such diet may be provided without a physician's note for up to 90 days after admission for children who are homeless, as defined by section 11434a of chapter 119 of title 42 of the United States code, or in foster care.
(6) The provisions of this subdivision shall not apply to programs operated by a religious organization in instances where religious dietary requirements would be inconsistent with such provisions.
(c) When parents or other responsible persons provide meals, such foods shall be properly refrigerated and the operator shall provide such persons with age-appropriate nutritional guidelines approved or provided by the Department.
(d) Milk shall be stored at a temperature below 41 degrees Fahrenheit, may not be kept beyond its expiration date, and may not be dispensed or served by children except under adequate supervision.
(e) Dry food shall be stored in insect and rodent-proof containers.
(f) All utensils, dishes and other materials used in association with food shall be properly cleaned and sanitized as required by the Department or disposed of after each use.
(g) Feeding bottles shall be marked with the child's full name and date of preparation.
(h) Unused portions of formula milk and/or baby food shall be discarded after each feeding or meal.
(i) Bottles shall not be propped or kept by children while sleeping.
(j) Unless the program has a pending waiver application or has been issued a waiver, there must be no single use food service articles consisting of expanded polystyrene, such as foam containers, cups or plates, in the child care facility.
(k) The food service at a night child care program shall be provided as follows:
(1) Evening meals shall be served at the same time daily.
(2) Breakfast shall be provided for all children who have been at the facility through the night and are present between 6 a.m. and 8 a.m.
(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) Peeling lead-based paint prohibited.
(1) There shall be no peeling lead-based paint or peeling paint of unknown lead content on any surface in a facility.
(2) Peeling lead-based paint and peeling paint of unknown lead content shall be immediately abated or remediated upon discovery by the permittee, or the owner of a building in which a program is located, regardless of whether there has been an inspection or order issued by the Department, in accordance with 24 RCNY Health Code § 173.14.
(3) When there has been an order to abate or remediate lead-based paint hazards issued by the Department, the permittee, or the owner of the building in which the program is located must use only the methods specified in such order.
(A) After such order has been served by the Department, the permittee must post the notices required by 24 RCNY Health Code § 173.14(e)(1)(A) at or near the entrance of the facility.
(B) The permittee must comply with the requirements of the order within 21 days after service of the order. Where compliance with the time period requirements of this subdivision would cause undue hardship and the permittee demonstrates a good faith effort to timely comply, such as by showing that it has taken steps to remediate, including by retaining a contractor to conduct the remediation, and demonstrates to the satisfaction of the Department that it is maintaining adequate controls to protect children from a lead-based paint hazard, the Department may, at its discretion, extend the time period for compliance.
(4) When the Department finds a lead-based paint hazard as defined in 24 RCNY Health Code § 173.14(b) or a lead dust hazard as defined in EPA 40 C.F.R. § 745.227(h)(3)(i), on the interior of the facility, or concentrations of lead in the paint of the exterior surfaces of the facility, that may be creating a danger to health, it may in such cases as it deems essential, order the abatement or remediation of any such condition in a manner and under such safety conditions as it may specify. The Department may also order the removal or covering of soil appurtenant to any facility when it determines that there are concentrations of lead in such soil which exceed allowable limits of the U.S. Environmental Protection Agency published in 40 C.F.R. Part 745 or successor regulations and further determines that such concentrations may be dangerous to health.
(5) The work practices of 24 RCNY Health Code § 173.14 shall not apply to repair and maintenance work in a facility which disturbs surfaces of less than two square feet of peeling lead-based paint per room or 10 percent of the total surface area of peeling paint on a type of component with a small surface area, such as a window sill or door frame.
(6) Maintenance staff workers in facilities that contain lead based paint or paint of unknown lead content, and who regularly do repair work that may disturb such paint, shall attend a HUD/EPA approved 8-hour course on lead safe work practices in accordance with 24 RCNY Health Code § 173.14(2)(b).
(7) Children shall not be present and shall not have access to any room undergoing abatement, remediation or other work which disturbs lead-based paint or paint of unknown lead content until after completion of final clean-up and clearance dust testing.
(8) The permittee, or the owner of a building in which a program is located, in which paint has not been tested by X-ray fluorescent (XRF) analysis by or on behalf of the Department for lead content, may object to an order issued to remediate peeling lead-based paint or peeling paint of unknown lead content, by submitting evidence satisfactory to the Department that the surface of any component cited in the order as requiring remediation does not contain lead-based paint, as follows:
(A) Such evidence shall consist of a sworn written statement by the person who performed the testing on behalf of the permittee, or building owner supported by: lead-based paint testing or sampling results, including a description of the testing methodology and manufacturer and model of instrument used to perform such testing or sampling; a copy of the certificate of training of the certified lead-based paint inspector or risk assessor; a copy of the inspection report of the inspector or risk assessor, including a description of the surfaces in each room where such testing or sampling was performed; and a copy of the results of XRF testing and/or such laboratory tests of paint chip samples performed by an independent laboratory certified by the state of New York where such testing has been performed.
(B) Such written statement and all supporting documentation shall be submitted to the department not later than thirty (30) days before the date set for compliance with an order to remediate, and shall only be submitted where the Department has not performed an XRF test prior to issuing such order. Receipt by the Department of a complete application in accordance with this paragraph including such written statement and such supporting documentation shall toll the time period to comply with the order. Receipt of an incomplete application shall not toll the time period for compliance with the order.
(C) The Department shall notify the applicant of its determination in writing, and, if the Department rejects the application, such notice shall set a date for compliance.
(D) The performance of lead-based paint testing shall be in accordance with the definition of lead-based paint established in 24 RCNY Health Code § 173.14. Laboratory analysis of paint chip samples shall be permitted only where XRF tests fall within the inconclusive zone for the particular XRF machine or where the configuration of the surface or component to be tested is such that an XRF machine cannot accurately measure the lead content of such surface or component. Laboratory tests of paint chip samples, where performed, shall be reported in mg/cm
2
, unless the surface area of a paint chip sample cannot be accurately measured, or if an accurately measured paint chip sample cannot be removed, in which circumstance the laboratory test may be reported in percent by weight. Where paint chip sampling has been performed, the sworn written statement by the person who performed the testing shall include a statement that such sampling was done in accordance with 40 C.F.R. § 745.227 or successor provision.
(E) Testing for lead-based paint may only be conducted by a person who has been certified as a lead-based paint inspector or risk assessor in accordance with subparts L and Q of 40 C.F.R. Part 745 or successor provisions and such testing shall be performed in accordance with 40 C.F.R. § 745.227(a) and (b) or successor provisions.
(b) Child care programs in operation prior to May 1, 1997. No child care program permit shall be issued or renewed, unless all interior window sills and window wells accessible to children, chewable surfaces, deteriorated subsurfaces, friction surfaces, or impact surfaces, and such other surfaces in the facility as may be determined by the Department, containing or covered with lead-based paint or paint of unknown lead content shall have been abated or remediated in accordance with 24 RCNY Health Code § 173.14 or as otherwise directed by the Department.
(c) Programs commencing operation on or after May 1, 1997. No program which received its first permit or which, if no permit was previously required, commenced operation after May 1, 1997, shall be issued a permit where there is lead-based paint on any interior surface in its facility.
(d) All paint or other similar surface coating material on furniture and equipment shall be lead-free.
(e) Annual survey. At least once each year, the permittee operating a program in which any surfaces are covered with lead-based paint or paint of unknown origin must conduct a survey of the condition of all such surfaces. The permittee must note the results of the survey on a form provided by or approved by the Department. The survey form must include, but need not be limited to, the following: the date of the survey; a description of, and the location of, each surface surveyed and remediation status, if applicable. The permittee must provide a copy of the survey results to the Department.
(1) Submission of such survey to the Department must be on or before the permit issuance date, or the anniversary thereof.
(2) Copies of such survey results may be submitted to the Department by mail, fax or electronically.
(3) Within 30 days of submitting the annual survey results to the Department, the permittee must notify the parent or guardian of each child attending the program of the results of the annual survey. Such notice may be provided electronically if the permittee routinely communicates with parents or guardians electronically and may refer to detailed results on a website if such results are maintained there. The permittee must maintain documentation on premises indicating the date on which such notice was provided. A copy of the notice and proof of the date when such notification was made must be made available to the Department immediately upon request. If such records are maintained electronically, Department staff must be allowed to access such records while on-site.
(f) Declaration, pursuant to Administrative Code § 17-145. The existence of a lead-based paint hazard in a facility, or failure to comply with this Section or 24 RCNY Health Code § 173.14 in correcting such hazard, is hereby declared to constitute a public nuisance and a condition dangerous to life and health, pursuant to § 17-145 of the Administrative Code. Every person obligated to comply with the provisions of this section of this Code is hereby ordered to abate or remediate such nuisance by complying with any order or direction issued by the Department.
(g) Failure to comply with Department orders. In the event that the Department determines that a permittee, or the owner of a building in which a program is located has failed to substantially comply with an order issued, pursuant to this section within 45 days after service thereof, the Department shall, in accordance with § 17-911(d) of the Administrative Code, request an agency of the City to execute such order, pursuant to the provisions of § 17-147 of the Administrative Code.
(h) Definitions. Except as otherwise provided, all terms used in this section shall have the same meanings as the terms defined in 24 RCNY Health Code § 173.14.
(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) Motor vehicles used to transport children to or from a program shall comply with all requirements of the New York State Department of Transportation specified in 17 NYCRR Part 720 or successor rule, and shall prominently display a current certificate of inspection issued by or on behalf of the State Department of Transportation, and shall be operated in accordance with all applicable law.
(b) A program that provides transportation facilities shall supervise the transportation so as to preserve the health, safety and comfort of the children.
(c) All children shall be secured in safety seats or by safety belts as appropriate for the age of the child in accordance with the requirements of the Vehicle and Traffic Law before any child may be transported in a motor vehicle where such transportation is provided for or arranged for by the operator.
(d) When transportation is provided by or on behalf of the program, the driver of the vehicle may not be included in the staff/child ratios.
(e) A transportation schedule shall be arranged so that no child will regularly travel more than one hour between his or her home and the place where the program is operated.
(f) Parental consent. The permittee shall obtain and maintain on file written consent from the parent or guardian for any transportation of children that is provided or arranged for by the permittee, including, but not limited to, trips to an offsite park, playground or library. The consent form shall include the child's name and age, the destination, mode of transportation, whether by motor vehicle, mass transit, walking, carriage, buggy, or on foot, and the maximum length of travel time and the types of activities children will engage in at the offsite location.
(g) Documentation of transfers. The permittee must supervise and document all transfers of children between the program and drivers of school buses and other vehicles provided by the program or by a transportation service under contract with the program and must incorporate its policies and procedures for transfers and transportation in the program's written safety plan. A permittee must be able to immediately verify that no child has at any time been left on a school bus, other vehicle or other means of transportation without appropriate adult supervision. At a minimum, the written safety plan must describe how the permittee will maintain the following minimum accountability procedures:
(1) Transfer supervision, including name-to-face visual identification and confirmation for each child received from or delivered to a driver.
(2) Providing drivers with updated lists daily of the names and addresses of children who are scheduled to receive transportation services on each route, and completing and maintaining a daily log of children placed aboard vehicles for transport home. Such logs shall be kept on site and made available to the Department upon request.
(3) Drivers employed by the permittee or a transportation contractor must maintain a daily trip log with the names of the driver and other staff of the permittee or transportation service assigned to the vehicle to maintain supervision; the name, address, and contact information of the contractor transport service, if applicable; the name of each child and the times of entry and departure from the transport vehicle. A paper or electronic copy of the log must be given to the permittee when children arrive at the facility.
(4) Permittees must maintain all required records on site for at least six months and make such records 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)
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