Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Chapter 1: Required Signs
Chapter 3: Performance Summary Cards and Penalties for Child Care Programs
Chapter 4: Health, Safety and Well-Being of Rental Horses
Chapter 5: Pet Shops
Chapter 6: Mobile Food Vending
Chapter 7: Adjudicatory Hearings and Violation Fines and Penalties
Chapter 8: Cooling Towers
Chapter 9: Raw Salt-Cured Air-Dried Fish
Chapter 10: Smoking Under the New York City Smoke-Free Air Act
Chapter 11: Conservation of Water [Repealed]
Chapter 12: Window Guards
Chapter 13: Cigarette and Tobacco Product Sales
Chapter 14: Cleaning Park Playground Equipment
Chapter 16: Criteria for Issuing Special Vehicle Identification Permits to Disabled Persons
Chapter 17: Tripartite General Orders
Chapter 18: Resuscitation Equipment in Public Places
Chapter 19: Waiting List Rules for Temporary Mobile Food Unit Permits
Chapter 19A: Expansion of the Full-Term Mobile Food Vendor Permit Waiting List [Repealed]
Chapter 20: Preference and/or Waiting List Rule for Full-Term Mobile Food Unit Permits [Repealed]
Chapter 21: Health Academy Courses and Department Fees
Chapter 22: Tattooists and Applying Tattoos
Chapter 23: Food Service Establishment Sanitary Inspection Procedures and Letter Grading
Chapter 24: Automated External Defibrillators In Certain Public Places
Chapter 25: Service of Final Orders In Assisted Outpatient Treatment
Chapter 26: Establishment and Maintenance of Separate Borough Specific Waiting Lists for Those Seeking Fresh Fruits and Vegetables Permits
Chapter 27: Food Allergy Information
Chapter 28: Restriction On the Sale of Certain Flavored Tobacco Products, Flavored Electronic Cigarettes, and Flavored E-Liquid
Chapter 29: Animal Population Control Program
Chapter 30: Volatile Organic Compounds in Carpet and Carpet Cushion
Chapter 31: Drinking Water Tank Inspections
Chapter 32: Dogs in Outdoor Dining Areas
Chapter 33: Operation of Body Scanners in Correctional Facilities
Chapter 34: Grocery Delivery Program
Chapter 35: Designating Rat Mitigation Zones
Chapter 36: Needle, Syringe, and Sharps Buyback Pilot Program
Chapter 37: Petitioning the Department to Commence Rulemaking
Chapter 38: Program to Cancel Medical Debt
Chapter 39: [Added Sugar Warning]
New York City Health Code
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
Loading...
§ 49.11 Boarding of Children on School Premises.
   (a)   No child under six years of age shall be boarded on school premises. Children six years and over and under sixteen years of age shall not be boarded on school premises unless the school receives the written approval of the Department. The Department shall not grant such approval unless such occupancy is approved by the Department of Buildings and the Fire Department. The person in charge of the school shall submit to the Department (1) a copy of the certificate of occupancy, or, when such certificate is not required by the Administrative Code, a statement from the Department of Buildings that the premises comply with all applicable buildings laws and (2) a statement from the Fire Department that the premises meet the requirements of all applicable laws and regulations pertaining to fire control. The number of children boarded at a school shall not be more than the maximum number prescribed by the Department.
   (b)   When a child who is boarded at a school presents a health problem, is injured, or becomes ill and requires medical care, he shall be examined and treated by a physician, and, if possible, his parents or guardian shall be notified immediately. If the necessary medical care or facilities cannot be provided at the school, the child shall be removed to a hospital or other facility which can provide the proper care.
   (c)   When children are boarded at a school, the sleeping accommodations and facilities required by 24 RCNY Health Code § 51.11 shall be provided.
   (d)   Except during day rest periods, no classroom shall be used for sleeping or living purposes.
§ 49.13 Recreation; Outdoor Play.
Children kept on the school premises for more than five hours a day shall not be required to devote more than five hours a day to classroom work and study, except for religious training. They shall be permitted to spend the excess time in play, rest or recreation. Except during inclement weather, the outdoor play space shall be used for this purpose whenever possible.
§ 49.15 Health and Medical Care.
   (a)   A school shall have a licensed physician who shall be in charge of the health care services for the children. The Department shall provide the services of such a physician in public schools and in other schools which request such service.
   (b)   When a child is injured or becomes ill under such circumstances that immediate medical care is needed, the person in charge shall obtain necessary emergency medical care and shall notify the parents or guardian of the child.
   (c)   When the Department is of the opinion that any child who is attending school is in need of medical attention, the person in charge of the school shall promptly notify his parents or guardian of the fact, and may also notify them that a medical examination of the child will be made by the school physician on a date not less than ten days after the sending of the notice. If, ten days after the sending of such notice, the parent or guardian has not registered an objection to such an examination, and has not presented a statement by a private, licensed physician that the child has been recently examined and is currently under care, the person in charge shall notify the school physician who shall then examine the child. When the Department is of the opinion that any child attending school is in need of immediate medical attention and that delay would be dangerous to health, the child may be examined immediately, and the child's parents or guardian shall be notified.
   (d)   The person in charge of a school or public or private high school shall not permit a child who is a case, contact or carrier of communicable disease to attend when required to be isolated or excluded by 24 RCNY Health Code Article 11. A child who has been a case, contact or carrier shall not be permitted to return to a school until:
      (1)   He presents a certificate of recovery issued by the Department, if he was a case of tuberculosis, a case or carrier of typhoid or paratyphoid A or B fever, or a case, carrier or household contact of diphtheria or smallpox; or,
      (2)   After the period of isolation, if he was a case of measles, mumps, German measles, chicken pox, whooping cough, streptococcal sore throat including scarlet fever, meningitis or poliomyelitis; or,
      (3)   He presents a certificate of recovery issued by the Department or a physician's written statement that he is free from disease in communicable form, if he was a case or carrier of any other disease reportable pursuant to 24 RCNY Health Code § 11.03. The statement shall indicate that he is free from disease in communicable form and that the period of isolation or exclusion required by 24 RCNY Health Code Article 11 has ended.
§ 49.17 Medical Records.
The school physician or nurse shall keep a current cumulative medical record for each child. The record shall contain the following: the information required by 24 RCNY Health Code § 45.19; all defects and data disclosed by the medical examination given pursuant to 24 RCNY Health Code § 49.05(a) and by all subsequent examinations; and a history of all illnesses, accidents and other health data. The record shall be the property of the Department but shall be kept in the custody of the school. When a child is transferred to another school in the City, whether elementary school, junior high school or high school, his medical record shall be forwarded to his new school. When a child is transferred to a school outside the City, his medical record shall be forwarded to his new school, if known, to the attention of the physician in charge of the school health service. When a child is admitted to a college, junior college, university or other school of higher education, his school health record shall be forwarded, upon receipt of the written request or consent of such child's parents or guardian, to the physician in charge of the health service of such school of higher education. A medical record which is not required to be forwarded to another school pursuant to this section shall be kept for at least five years after the child to whom the record relates leaves the school.
Article 51: Children's Institutions
§ 51.01 Scope.
The provisions of this article apply to all children's institutions, and the requirements of this article shall be in addition to the requirements to be met by children's institutions pursuant to 24 RCNY Health Code Article 45.
§ 51.03 Permit; Notification.
   (a)   No person shall operate a children's institution without a permit issued by the Commissioner. This section shall not apply to an institution which is duly incorporated in the State for the purpose of operating a children's institution and has a certificate of incorporation approved by a Justice of the Supreme Court and by the State Board of Social Welfare, or is authorized to operate by the provisions of the Executive Law of the State of New York; except for the permit requirement such institutions shall, however, comply with the other provisions of this article.
   (b)   The Department shall be notified, in writing, by the operator of a children's institution of any proposed opening or closing of such institution.
§ 51.05 Permit; Application, Issuance and Renewal.
   (a)   An application for a permit to operate a children's institution shall include the following:
      (1)   The name and address of the institution;
      (2)   The name and address of the corporation, association, partnership or individual operating the institution and the names and addresses of its officers;
      (3)   A copy of the certificate of occupancy, or when such certificate is not required by the Administrative Code, a statement from the Department of Buildings that the premises comply with the applicable building laws;
      (4)   A statement from the Fire Department that the institution meets the requirements of all applicable laws and regulations pertaining to fire control;
      (5)   The maximum number of children to be served in the institution and the number of children under the age of two years, the number of children two years and over and under six years and over and under 21 years of age; and,
      (6)   A sketch of the institution showing all of the rooms, including plumbing fixtures, exits and clothes closets, with their dimensions, and the use for which they are intended and the maximum number of children permitted in each room at any one time.
   (b)   An application for renewal of a permit shall include notice of any change which occurred since the submission of the previous application for a permit as to any information required to be submitted by subsection (a) of this section.
Loading...