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(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.
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.
(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.
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.
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.
(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.
(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.
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