§ 47.59 Fire Safety.

   (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)

§ 47.61 Food and Food Safety .

   (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)

§ 47.63 Lead-Based Paint Restricted .

   (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)

§ 47.65 Transportation.

   (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)

§ 47.67 Child Development Policies, Activities, Rest Periods and Clothing .

   (a)   Activities. A program's activities shall be varied in order to promote the physical, intellectual, and emotional well-being of the children. Corporal punishment and humiliating or frightening methods of control shall be prohibited. Food, rest or isolation shall not be used as a means of punishment. Punitive methods of toilet training are prohibited.

   (b)   Schedules. A written daily schedule of program activities and routines which offer reasonable regularity, including snack and meal periods, nap and rest periods, indoor and outdoor activities, and activities which provide children with opportunities for learning and self-expression in small and large groups is required. When night care is provided, this schedule shall include routine personal hygiene, including changing into night clothes, brushing teeth, and washing before bed in the manner to be agreed between the parent and the operator.

   (c)   Child behavior management. A written policy regarding management of the behavior of children, consistent with the requirements of this Article, shall be distributed to every staff member, posted in a prominent location within the facility and made available to parents upon request. Permittees shall act consistently with such policy.

   (d)   Parents. 

      (1)   Unrestricted access. Parents shall have unrestricted access to their children at all times, unless an Order of Protection prevents access.

      (2)   Enrollment and orientation. At the time children are enrolled in a program, parents must be provided with information that acquaints parents with the policies and procedures of the program for supervision, attendance, admission, discharge, emergency and illness management as specified in the written safety plan and the requirements of this Code, and a copy of the Department brochure, "How to Get Information about Child Care Programs in New York City," or successor publication.

      (3)   Video surveillance. The parents of all children receiving care or supervision in a facility equipped with video surveillance cameras installed for the purpose of allowing parents to view their children in the facility by means of the internet shall be informed in writing that cameras will be used for this purpose. All staff of the program also shall be informed in writing if video surveillance cameras will be used for this purpose. The program shall make available copies of such notices to the Department upon request.

         (A)   All parents of children enrolled in the program and all staff of the program shall be made aware of the locations of all video surveillance cameras used at the facility.

         (B)   Programs opting to install and use video surveillance equipment shall comply with all law applicable to the use of such equipment.

         (C)   Video surveillance cameras may not be used as a substitute for competent direct supervision of children.

         (D)   Programs opting to allow parents to view their children in the child care setting by means of the internet shall use and maintain adequate internet security measures at all times. Such measures include but are not limited to: passwords that are frequently changed that enable parents to access the internet site for viewing children; filtering measures that prohibit public access to or viewing of child care or supervision activities via the internet; and immediate corrective action in response to any report of abuse of the system or inappropriate access. Such programs shall also advise the parents having access to views of the program through the internet of the importance of security in regard to such viewing and of the importance of the privacy rights of other children who may be viewed.

         (E)   Video surveillance cameras shall be used only to transmit images of children in common rooms, hallways and play areas. Bathrooms and changing areas shall remain private and free of all video surveillance equipment.

         (F)   Programs that use video surveillance equipment shall allow inspectors and other representatives of the Department to have access to such equipment and to have viewing privileges as required by the Department.

   (e)   Children shall be comforted when distressed.

   (f)   Safe sleep environment for infants. 

      (1)   An infant/toddler child care program or family shelter-based drop-off child supervision program providing services to infants or toddlers must provide a safe sleep environment for each infant, consisting of a single crib or bassinet per child that is approved by the US Consumer Product Safety Commission, and that complies with standards of the American Society for Testing and Materials (ASTM) International for infant sleep equipment; and a firm crib mattress specifically designed for the equipment used, covered by a tight fitting sheet flush with the sides of the crib/bassinet. The crib or bassinet must be free of bumper pads, pillows or sleep positioning devices not medically prescribed, loose bedding, blankets, toys and other possible suffocation risks. No child care facility subject to this Article may use or have on the premises any crib bumper pad unless a medical professional has determined that use of a crib bumper pad is medically necessary for a particular child using a crib in such child care facility.

      (2)   Positioning. Infants must be placed in a supine position unless written medical instructions directing otherwise are provided by the infant's primary health care provider. The program must maintain written medical instructions and make the instructions available for inspection by the Department. Infants capable of turning over by themselves in any direction may remain in the position the infant attains.

      (3)   Prohibitions. Infants must not be allowed to sleep or nap in a car safety seat except during transportation. Infants must not be allowed to sleep on bean bag chairs, futons, bouncy seats, infant swing or highchairs, playpens or other furniture/equipment not designed and approved for infant sleep purposes and meeting safe sleep environment criteria. Infants found sleeping in other than a safe sleep environment must be moved to a safe sleep environment upon discovery. Only one infant may occupy a single crib or bassinet at any given time.

      (4)   Bedding. Bedding must be changed prior to placing an infant in a crib or bassinet previously occupied by another infant.

      (5)   Choking, tangling hazards. Bibs, necklaces, and garments with ties or hoods must be removed prior to placing an infant in a crib or bassinet.

   (g)   Each child in full time child care shall have a quiet, relaxed period of approximately one hour a day. Shorter, comparable periods of quiet and relaxation shall be provided for each child who spends less time in a program.

(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)