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(a) Staff to be excluded. The permittee shall exclude any staff person from work in accordance with 24 RCNY Health Code Article 11, if such staff person reports having an illness or symptoms of a communicable disease reportable, pursuant to 24 RCNY Health Code Article 11. Such staff person shall not be permitted to return to the program without a written statement of recovery from a health care provider if the staff person was a case of measles, mumps, rubella, pertussis (whooping cough), scarlet fever, meningitis (all types), or poliomyelitis, or if the staff person was a case of any other communicable disease reportable, pursuant to 24 RCNY Health Code Article 11.
(b) Physical examination certificates. No member of the teaching staff or shelter child supervision staff, or substitute, volunteer worker, office worker, kitchen worker, maintenance worker, or other staff member who regularly associates with children shall be permitted to work in a program unless such person is healthy and capable of carrying out the responsibilities of the job. Prior to commencing work, all such individuals shall present a certificate from a licensed health care provider certifying that, on the basis of medical history and physical examination, such individual is physically and mentally able to perform assigned duties. Such certificate shall be submitted every two years thereafter as a condition of employment. Certificates of required physical examinations and other medical or personal health information about staff shall be kept on file on paper or electronically, on the premises of the program, and shall be kept confidential and separate from all other personnel or employment records and made available for review by the Department upon request.
(c) Staff and volunteer immunizations.
(1) Each staff and volunteer must obtain a report from a health care provider who is a licensed physician, nurse practitioner, physician's assistant, or doctor of osteopathy certifying that such person has been immunized with 2 doses of measles-containing vaccine; 2 doses of mumps-containing vaccine; 1 dose of rubella-containing vaccine; 2 doses of varicella-containing vaccine (chicken pox); 1 dose of tetanus, diphtheria and acellular pertussis (Tdap). Persons born on or before December 31, 1956 are not required to have measles, mumps or rubella vaccines. A history of having health care provider documented varicella or herpes zoster disease is acceptable in place of varicella vaccine. A history of having measles, mumps or rubella disease shall not be substituted for the measles, mumps or rubella vaccine. A laboratory test demonstrating detectable varicella, measles, mumps, or rubella antibodies is also acceptable in place of varicella, measles, mumps and rubella vaccine. A staff or volunteer may be exempted from this immunization requirement for medical contraindications in accordance with ACIP or other nationally recognized evidence-based guidelines upon submission of appropriate documentation from a treating licensed physician. Each staff and volunteer must submit such report of immunization to the permittee.
(2) Reports of immunizations shall be confidential and must be kept by the permittee in a paper or electronic file with other staff and volunteer health information, except that such reports must be made available to the Department immediately upon request. Documentation of exemption from immunization must also be kept on site and 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.
(3) No permittee or person in charge of a childcare program shall permit any staff or volunteer to attend such program without appropriate documentation of the immunizations required pursuant to paragraph (1) of this subdivision.
(d) Test for tuberculosis infection. The Department may require testing for tuberculosis at any time of any persons in a program when such testing is deemed necessary for epidemiological investigation.
(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; amended City Record 12/26/2019, eff. 1/25/2020)
(a) Hand washing. Staff and children shall wash hands before and after toileting or diaper changes, after contact with a child in ill health, and prior to handling or preparing any food and after playing outdoors.
(b) Signs. Hand washing signs provided by or approved by the Department shall be prominently posted in each lavatory and by each sink.
(c) Individual personal care. Hair brushes or cloth towels shall not be provided for use. If toothbrushes, combs, or washcloths are provided, each child shall have items for his/her exclusive use and they shall be stored in an individually labeled container.
(d) Changes of clothing. At least one change of weather-appropriate clothing shall be available so that any child who soils clothing may receive a change. Soiled clothing and cloth diapers shall be handled in a manner that protects occupants from exposure to wastes and maintains an appropriately sanitary environment.
(e) Bathing. Children shall not be regularly bathed on premises; but shall be washed in case of accidents.
(f) Self-care/hygiene routines for night care programs. Permittees shall establish procedures and policies that require children to brush teeth at bedtime and after meals; comb hair upon awakening, and follow a routine for toileting, dressing and undressing.
(g) Safety precautions relating to blood. Permittees shall implement the following safety precautions for all staff having any exposure to, or contact with blood:
(1) Disposable gloves shall be immediately available and worn whenever there is a possibility for contact with blood, including but not limited to:
(A) Changing diapers where there is blood in the stool;
(B) Touching blood or blood-contaminated body fluids;
(C) Treating cuts that bleed; and
(D) Wiping surfaces stained with blood.
(2) In an emergency, a child's safety and well-being shall take priority. A bleeding child shall not be denied care because gloves are not immediately available.
(3) Disposable gloves shall be discarded after each use.
(4) If blood is touched accidentally, exposed skin shall be thoroughly washed with soap and running water.
(5) Clothes contaminated with blood shall be placed in a securely tied plastic bag and returned to the parent at the end of the day.
(6) Surfaces that have been blood stained shall be cleaned and disinfected with a germicidal solution.
(h) Smoking prohibited. There shall be no smoking of tobacco or other substances, or use of e-cigarettes, in any indoor or outdoor area of any premises on which a program is located.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Education director/shelter child supervision liaison responsibility. The education director of a child care program and the shelter child supervision liaison of a family shelter-based drop-off child supervision program shall arrange for and verify all required training of all teaching staff and shelter child supervision staff. The education director or the shelter child supervision liaison may be certified to conduct such training or may designate other teaching staff or shelter child supervision staff to obtain such certification and conduct such training. The education director or shelter child supervision liaison shall maintain copies of certificates verifying completion of all required training; shall document written safety plan training, including dates and times that emergency response drills were conducted, evaluation of staff performance, and recommendations for improvements in training or amendments to the safety plan. All documents relevant to compliance with this section shall be kept on site and made available to the Department upon request.
(b) Employees.
(1) Child abuse, maltreatment and neglect. All staff must receive at least 2 hours of training every 24 months in preventing, identifying, and reporting child abuse, maltreatment and neglect, and requirements of applicable statutes and regulations. Such training must be provided by a New York State Office of Children and Family Services-certified trainer. New teaching and shelter child supervision staff must receive such training within 3 months of hire or of the effective date of this rule, whichever is later. Training completed while employed at a different program holding a permit under this Article shall count for purposes of compliance with this subsection. Certificates of completion of all training required pursuant to this subsection must be kept on site and made available to the Department upon request.
(2) Infection control, administration of medication, protection from hazards, and additional safety topics. Within three months of hire or of the effective date of this rule, whichever is later, all teaching staff and shelter child supervision staff shall receive training in infection control, reporting infectious diseases; administration of medication; protection from hazards; handling and storage of hazardous materials; appropriate disposal of biocontaminants; building and physical premises safety; including protection from hazards, bodies of water, and vehicular traffic; and, if applicable, safe transportation of children. Training completed while employed at a different program holding a permit under this Article shall count for purposes of compliance with this subsection. Certificates of completion of all training required pursuant to this subsection shall be kept on site and made available to the Department upon request.
(3) Emergency procedures.
(A) Except as provided in 24 RCNY Health Code § 47.37(b)(3)(A)(ii)(aa), all new teaching staff and shelter child supervision staff shall receive, within three months of hire or of the effective date of this rule, whichever is later, and, all staff, volunteers, and other individuals regularly providing services shall receive on an annual basis, training in the emergency procedures contained in the approved written safety plan, including:
(i) In-depth review of the provisions of the plan;
(ii) Announced and unannounced real-time drills demonstrating competency of all staff members in:
(aa) Emergency medical response, including:
(1) Pediatric CPR and pediatric first aid training approved by the Department. Such training is required only for staff and must be completed before staff begin providing services or within three months of the effective date of this rule, whichever is later, and every two years thereafter. Upon application for a new permit or for renewal of an existing permit, for those staff whose presence will be used for compliance with 24 RCNY Health Code § 47.23, such training must include successful completion of hands-on skill tests and certification; and
(2) Administration of epinephrine auto-injector. Such training is required only for those staff selected by the permittee for compliance with 24 RCNY Health Code § 47.29(c); and
(bb) Emergency preparedness and response planning for emergencies resulting from natural disasters or a human-caused events, including procedures for evacuation other than the monthly fire drills required by 24 RCNY Health Code § 47.59(d), relocation, shelter-in-place and lockdown, staff and volunteer emergency preparedness training and practice drills, communication and reunification with families, continuity of operations, and accommodation of infants, toddlers, and children with disabilities or chronic medical conditions. This training shall include response to critical incidents such as:
(1) Loss of a child;
(2) Situation requiring lockdown;
(3) Gas, sewer, or water main break; and
(4) Extreme weather event; and
(B) Training completed while employed at a different program holding a permit under this Article shall count for purposes of compliance with this subsection. Certificates of completion of all training required by this subsection shall be kept on site and made available to the Department upon request.
(4) SIDS, safe sleep practices, and abusive head trauma ("shaken baby syndrome"). All child care program staff and shelter child supervision staff shall complete sudden infant death syndrome ("SIDS"), safe sleep practices, and "shaken baby syndrome" identification and prevention training before beginning to provide services or within three months of the effective date of this rule, whichever is later. Certificates of completion of such training shall be kept on site and made available to the Department upon request.
(5) Allergic reactions. All teaching staff and child supervision staff shall receive training in prevention and control of allergic reactions.
(6) Additional topics.
(A) All teaching staff and shelter-based child supervision staff shall receive training every 24 months on the following topics:
(i) Cognitive social, emotional, and physical development;
(ii) Family engagement; and
(iii) Mental health first aid for children.
(B) All teaching staff shall complete at least 15 hours of training every 24 months, at least five hours of which shall be completed in each 12-month period, including the mandatory child abuse prevention and identification training in paragraph (1), and other subjects related to child health and safety, and early childhood development. The educational director shall develop a training curriculum based on assessment of the professional development needs of individual assistant teachers. The curriculum shall include, but not be limited to, the following topics:
(i) Preventing, recognizing signs of, and reporting injuries, infectious diseases, lead poisoning, asthma, and other illnesses and medical conditions;
(ii) Providing first aid and CPR;
(iii) Scheduling and conducting guided and structured physical activity;
(iv) Setting up and maintaining staff and child health records including records of immunizations;
(v) Growth and child development; including:
(aa) Early intervention;
(bb) Early childhood education curriculum development and appropriate activity planning;
(cc) Appropriate supervision of children;
(dd) Meeting the needs of children with physical or emotional challenges;
(ee) Behavior management;
(ff) Meeting nutritional needs of young children;
(gg) Parent, staff, and volunteer, communication and orientation regarding roles and responsibilities;
(hh) The selection of appropriate equipment and classroom arrangement; and
(ii) Safety and security procedures for fire safety, emergency evacuation, playgrounds, trips, and transportation.
(C) Certificates of completion of such training shall be kept on site and made available to the Department upon request.
(c) The Department may provide the training required by this section, or any part thereof, or accept training provided by others found satisfactory to the Department. All trainers' qualifications must be submitted for review to an agency designated by the Department. Persons who enroll in workshops conducted by the Department may be charged a reasonable fee to defray all or part of the costs incurred by the Department for workshop registration materials, training, testing, and certificate issuance.
(d) The Department may promulgate rules to specify how permittees shall comply with this section.
(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; amended City Record 12/26/2019, eff. 1/25/2020)
(a) Space for children's exclusive use. Rooms, areas and other spaces utilized by children in a program, including bathrooms, shall be reserved for their exclusive use and shall not be shared with other children or adults while the program is in operation.
(b) Minimum square footage/child. The minimum allowance of space for each child in a room/area separated from other rooms/areas by a physical barrier shall be 30 square feet of wall to wall space.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Egress. All buildings in which child care or supervision is provided by programs that received their first permit after January 1, 1989, shall have two unobstructed means of egress, separated by at least half the diagonal dimension of the occupied space of the building or as otherwise specified by applicable building code. Fire escapes shall not be counted as means of egress.
(b) No child care or child supervision provided above third floor. No programs receiving a first permit after January 1, 1989, shall allow children to utilize any rooms, areas or other spaces above the third floor of a building, except that the Department may allow programs to occupy spaces above the third floor where DOB and FDNY or other appropriate government entities have approved such use and the Department has approved the applicant or permittee's evacuation plan.
(c) Infant/toddler child care or supervision limited to first floor. No infant/toddler child care program, or family shelter-based drop-off child supervision program that supervises infants or toddlers, receiving a first permit on or after September 1, 2008, shall provide services in any room, area or other space above the first floor or below the ground level floor of a building, except that the Department may allow such programs to occupy spaces above the first floor or one level below the ground level floor of a building, where DOB and FDNY or other appropriate government entities have approved such use and the Department has approved the applicant or permittee's evacuation plan.
(d) Basements. A program receiving a first permit on or after September 1, 2008, shall not allow children to utilize any rooms, areas or other spaces lower than one level below the ground level floor of a building.
(e) Window guards. Windows guards shall be installed in accordance with specifications provided or approved by the Department on all windows in all rooms, hallways, and stairwells, except windows giving access to fire escapes.
(f) Passageways free of obstruction. All corridors, doorways, stairs, and exits shall be kept unobstructed at all times.
(g) Protective barriers in stairways. Protective barriers shall be provided in all stairways used by children. Stairways shall be equipped with low banisters or handrails for use of children. Protective barriers providing visual access shall be installed in lofts used by children.
(h) Shielding required. Columns, radiators, pipes, poles, and any other free-standing or attached structures in classrooms and play areas shall have protective guards.
(i) Door locks. No door to a bathroom, closet or other enclosed space shall be equipped with a lock that allows the door to be locked from inside the space, except that such devices may be used to secure privacy if they can be overridden from the outside in an emergency, and may otherwise be used as required for compliance with applicable law or regulations regarding lockdown procedures.
(j) Finishes and maintenance. Walls, ceilings and floors shall be finished with non-toxic finishes, constructed of materials enabling thorough cleaning, and maintained in good repair, with no holes, missing tiles, peeling plaster, or other defects.
(k) Securing entrances and exits.
(1) Monitoring. All interior entrances and exits of the facility must be monitored and kept secure by individual staff, contractors, and/or electronic or other surveillance providing unobstructed views of entrances and exits at all times during operation of the program. Panic bars must be installed on all exterior doors of the facility. When used in this paragraph a "panic bar" means a door latching assembly incorporating a device that releases the latch upon the application of a force in the direction of egress travel.
(2) Entry access. All entrances providing access to the facility must be secured with pass key identification or other means that effectively limit access to staff, parents and other authorized persons.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Plumbing installation. Plumbing shall be installed only by a licensed plumber and shall be free of cross-connections and other hazards to health. Drinking water from faucets and fountains shall be tested for lead content by an existing permittee upon the effective date of this provision or by a new permittee within 60 days of receiving a permit and by all permittees every five years thereafter using a method approved by the Department. Copies of test results must be sent to the Department upon receipt by mail, email or fax and the permittee shall investigate and take remedial action if lead levels at or above 15 parts per billion (ppb) are detected. Remedial action must be described in a corrective action plan to be submitted to the Department with reports of elevated test results. Until remedial action is completed, the permittee must provide and use bottled potable water from a source approved by the Department or the State Department of Health.
(b) Adequate toilets and sinks to be provided. One toilet and one hand wash sink shall be provided for every 15 children ages 24 months and older, or fraction thereof, based on permit capacity. When an extended hand wash facility is equipped with several faucets supplying tempered water, each faucet shall be considered the equivalent of one hand wash sink.
(c) Located near children's rooms. Toilets and hand wash sinks shall be located as close as practicable to children's playrooms and classrooms.
(d) Staff toilets. Separate adult toilets shall be provided for staff.
(e) Sink water supply. Hand wash sinks with an adequate supply of hot and cold running water shall be provided in or adjacent to toilets. Water temperature in hand wash sinks used by children shall not exceed 115 degrees Fahrenheit (46.11 degrees Celsius).
(f) Accessibility to children. Toilets and hand wash sinks shall be installed at a height that allows unassisted use by children. If adult-size toilets or hand wash sinks are in place, platforms with easily cleaned surfaces shall be provided for use by children. Such platforms shall be securely affixed to a permanent structure and free of hazards.
(g) Soaps and drying devices. All sinks shall be equipped with liquid soap dispensers, individual paper towels or sanitary driers, located within easy reach of the children.
(h) Diaper changing.
(1) A firm, non-absorbent, easily cleanable, counter height surface directly adjacent to a sink with running hot and cold water shall be provided in or adjacent to the classroom for diaper changing when needed.
(2) A disposable covering shall be provided on diaper changing counters and shall be changed after each use. The counter surface shall be disinfected after each use.
(3) A readily accessible receptacle with secure lid and removable plastic liner shall be provided for the disposal of diapers; separate equipment shall be provided for cloth diapers, if used. A properly labeled spray bottle of approved disinfectant shall be provided.
(4) Staff changing diapers shall wear disposable rubber or other barrier gloves.
(5) Potties shall be used only in bathroom or toilet facilities, and shall be washed and disinfected after each use in a designated utility sink that is not used by staff or children as a hand wash sink.
(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) Ventilation. Ventilation, by natural or artificial means, shall be provided in each room used by children. Internal temperature and humidity shall be regulated so the facility is free of nuisance conditions, including, but not limited to excessive heat, dust, fumes, vapors, gases, odors or condensate. The windows, inlets, outlets and artificial ventilation shall be located and the rate of air flow shall be controlled so as not to subject the children to drafts.
(b) Lighting. All parts of a building used for the care or supervision of children shall be adequately lighted by natural or artificial means. All lighting shall be evenly distributed and diffused, free from glare, flickering or shadows. The following lighting levels shall be provided and maintained at children's activity level:
(1) Fifty foot-candles of light in all classrooms used for partially sighted children;
(2) Thirty foot-candles of light in all other classrooms, study halls or libraries;
(3) Twenty foot-candles of light in recreation rooms;
(4) Ten foot-candles of light in auditoriums, cafeterias, locker rooms, washrooms, corridors containing lockers;
(5) Five foot-candles of light in open corridors and store rooms; and
(6) Five foot-candles of light shall be provided during sleeping hours in bathrooms, sleeping areas and exit paths.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Adequate, easily accessible outdoor play areas shall be provided at child care programs and may be provided at family shelter-based drop-off child supervision programs. They shall be kept clean and safe, and shall be suitable for children's use.
(b) Outdoor play areas located on the premises of a facility shall be enclosed by climb-proof fencing that is a minimum of five feet in height. No razor or barbed wire shall be used at the top of a fence, unless the fence is more than six and one half feet in height.
(c) Rooftop play areas may be provided in fireproof buildings, when such use is approved by the Department, DOB, and FDNY or other appropriate government entities. Rooftop play areas shall be enclosed by a climb-proof fence, at least 10 feet in height with an additional 45° inwardly angled panel.
(d) Outdoor equipment, including, but not limited to, swings, slides, and climbing apparatus, shall be age and developmentally appropriate, shall be installed, maintained and used in accordance with manufacturers' specifications and instructions, approved by the U.S. Consumer Product Safety Commission, and maintained in good repair.
(e) Outdoor play areas shall be maintained free of broken glass or other debris, poison ivy or other poisonous vegetation, pest harborages, or other hazards.
(f) Resilient surfaces, approved by the U.S. Consumer Product Safety Commission, that do not contain asphalt or cement, shall be provided under and surrounding climbing and other elevated equipment.
(g) Play equipment shall be in good repair, and free from hazards such as sharp edges or pointed parts, or toxic or poisonous finishes or materials, including but not limited to, lead and arsenic.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
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