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When the strict application of any provision of this article presents practical difficulties, or unusual or unreasonable hardships, the Commissioner in a specific instance may modify the application of such provision consistent with the general purpose and intent of this Article and upon such conditions as in his opinion are necessary to protect the health of the children. The denial by the Commissioner of a request for modification may be appealed to the Board in the manner provided by 24 RCNY Health Code § 5.21.
The provisions of this article apply to all schools, and the requirements of this article shall be in addition to the requirements to be met by schools pursuant to 24 RCNY Health Code Article 45. A nursery school or kindergarten other than a kindergarten conducted as part of an elementary school by the Board of Education shall be maintained pursuant to 24 RCNY Health Code Article 47. The provisions of 24 RCNY Health Code §§ 49.05(c), 49.07(d) and 49.15(d) shall also apply to public and private high schools.
(Amended City Record 12/26/2019, eff. 1/25/2020)
No school shall be operated or maintained unless it has obtained (1) a certificate of occupancy, or when such certificate is not required by the Administrative Code, a statement from the Department of Buildings that the school premises comply with all applicable building laws and (2) a statement from the Fire Department that the school premises meet all applicable laws and regulations pertaining to fire control.
(a) Immediately prior to admission to school, or as soon as possible after admission, each child shall have a thorough medical examination by a licensed physician or by a physician's associate or specialist's assistant who is duly registered pursuant to § 65.31 of the Education Law and is authorized to conduct such examination pursuant to regulations promulgated by the State Commissioner of Health. The examining professional shall furnish to the school a signed statement containing a summary of the results of the examination, the past medical history and, if a disease or abnormal condition is found, recommendations for exclusion or treatment of the child, or modification of his activities, or plans for the health supervision of a handicapped child.
(b) If a child does not present the statement prescribed by subsection (a) at the time of admission, the person in charge of the school shall promptly notify his parents or guardian that unless the child is examined by a private licensed physician or a duly authorized private physician's associate or a duly authorized private specialist's assistant, and a statement is presented pursuant to subsection (a) of this section within ten days, a medical examination of the child will be made by the school physician, school physician's associate or school specialist's assistant. If, ten days after the sending of such notice, the required statement is not received, the person in charge shall notify the school physician, physician's associate or specialist's assistant who shall then examine the child.
(c) Immunizations.
(1) All children must be immunized against diphtheria, tetanus, pertussis, poliomyelitis, measles, mumps, rubella, varicella, hepatitis B, pneumococcal disease and haemophilus influenzae type b (Hib), in accordance with New York State Public Health Law § 2164, or successor law. Exemption from specific immunizations may be permitted if the immunization may be detrimental to the child's health, in accordance with New York State Public Health Law § 2164. Documentation of immunizations and exemptions must be kept on site for inspection.
(2) No principal, teacher, owner, or person in charge of a school shall permit any child to attend such school without appropriate documentation of the immunizations required pursuant to paragraph (1) of this subdivision, except as provided for in this subdivision or pursuant to New York State Public Health Law § 2164 or successor law.
(3) All children must have such additional immunizations as the Department may require.
(4) The principal, owner, or person in charge of a school must report to the Department all requests for exemption made pursuant to paragraph (1) of this subdivision in a manner and form prescribed by the Department. Upon submission of an exemption request and pending Department determination, the child may attend school. If upon review of the documents submitted and any additional documentation provided to the Department, the Department determines that the exemption request is not valid insofar as it is not in accordance with the Center for Disease Control's Advisory Committee on Immunization Practices guidelines or other nationally recognized evidence-based guidelines, the principal, owner, or person in charge of a school must not allow the child to attend the school unless appropriate documentation is provided that such child has received the immunizations required pursuant to paragraph (1) of this subdivision.
(Amended City Record 12/26/2019, eff. 1/25/2020)
(a) The minimum allowance of space for each child in a classroom shall be 15 square feet of net floor space, that is, available space exclusive of furniture. Children shall not be permitted in a school or in a classroom in excess of the number allowed by this subsection, except in the event of a temporary emergency. Data on the size and capacity of each classroom shall be kept by the person in charge of the school and shall be subject to inspection by the Department.
(b) A school shall provide, for use by the children, the number of toilets prescribed by § C26-1279.0 of the Administrative Code.
(c) A school shall have at least two wash basins. There shall be one wash basin for every 50 children or fraction thereof in schools having 300 children or fewer, and in schools having more than 300 children there shall be six wash basins for the first 300 children, and one additional basin for every 100 additional children or fraction thereof. Urinals may be provided pursuant to 24 RCNY Health Code § 45.11(i).
(d) Every public or private school where a Department or Department of Education nurse, public health advisor or school health services aide provides health services to school children must have an appropriate medical room where the nurse, public health advisor or school health service aide can carry out their duties. Such school's medical room should be in a dedicated space with no through traffic, wheelchair-accessible, on a lower floor, and in a central building location; and should contain the following:
(1) a workstation
(2) a medical cabinet, a filing cabinet, medication refrigerator, exam table and scale;
(3) an appropriate waiting area;
(4) a bathroom internal to or adjacent to the medical room;
(5) a holding area for a student awaiting transportation or pick-up (80 square feet); and
(6) a nursing/treatment area that meets the following requirements:
(i) minimum of 200 square feet in buildings for up to 800 students and 300 square feet in larger buildings to accommodate more staff;
(ii) sink with hot and cold running water;
(iii) floor-to-ceiling walls substantial enough to maintain privacy;
(iv) easy to clean surfaces (e.g., no carpeting);
(v) internet access and adequate electrical power (multiple outlets) for computers and medical equipment;
(vi) telephone line able to make direct calls out of building (e.g., 911 calls) and to send and receive faxes;
(vii) adequate heating and air conditioning, lighting and ventilation, including a window;
(viii) secure lock that cannot be opened by other school keys (excluding master key); and
(ix) safety button to enable nurse to have immediate access to security in the event of an emergency.
(Amended City Record 12/26/2019, eff. 1/25/2020)
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