Licensing Standards for DayCare Centers

Section 418.2
Procedures for Applying for a License or Registration

(a) Applicants for a license or registration must submit to the department:

(1) a completed application, including required attestations, on forms furnished by the department. Such application and attestations must include agreement by the applicant to operate the day care center in conformity with applicable laws and regulations;

(2) a statement that the applicant has completed an orientation program, as required in section 417.16 of this Title, where such applicant is a small day care center;

(3) a report of inspection and approval performed within the 12 months preceding the date of application from the local building and zoning authorities or officials;

(4) a report of inspection and approval performed within the 12 months preceding the date of application from the local fire department;

(5) a report of inspection and approval performed within the 12 months preceding the date of application from the local health department or the New York State Department of Health;

(6) where a provider uses a private water supply, a report of the results of a test for bacterial, chemical and physical contamination performed within the 12 months preceding the date of application by a public health department or private water company contractor, testing company or other qualified individual showing that the water supply is safe for human consumption;

(7) a report of inspection and approval of the fire detection system(s) performed within the 12 months preceding the date of application by an inspector who is certified to conduct such inspections by a State, municipal or insurance authority or by a fire alarm installation or maintenance company;

(8) a report of inspection and approval of steam or hot water boilers performed within the 12 months preceding the date of application by an inspector who is certified to conduct such inspections by a State, municipal or insurance authority. For all other heating systems, documentation of service by a heating contractor performed within the 12 months preceding the date of application is required;

(9) a description of program activities offered to meet the needs of children, as described in section 418.11 of this Part or section 417.11 of this Title, as appropriate;

(10) a sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, the applicant has ever been convicted of a misdemeanor or a felony in New York State or any other jurisdiction;

(11) the State Central Register clearance form necessary to complete required screening by the State Central Register of Child Abuse and Maltreatment to determine if the applicant is the subject of an indicated report of child abuse or maltreatment;

(12) a diagrammatic floor plan of the portion of the building to be occupied by the day care center and all adjacent areas of such building, as required in section 418.5 of this Part,

(13) a copy of a line item projected annual budget showing anticipated operating expenses and income and annual salaries for each position, except where such applicant is a small day care center;

(14) a report of inspection and approval performed within the 12 months preceding the date of application by local authorities of any wood or coal burning stove, fireplace or gas space heater in use at the center;

(15) a statement signed by the child day care provider or authorized representative of the provider that the facility is in compliance with all applicable laws and regulations where such provider is a small day care center;

(16) a copy of the evacuation plan showing alternate means of egress, as required in section 418.12 of this Part;

(17) a health care plan on forms furnished by the department, as required in section 418.9 of this Part or section 417.9 of this Title, as appropriate;

(18) a description of specific procedures which will assure the safety of a child who is reported to the State Central Register of Child Abuse and Maltreatment as well as other children provided care in the day care center, as required in section 418.6 of this Part;

(19) a description of the procedure to be used to review and evaluate the background information supplied by applicants for employment and volunteer positions, as required in section 418.14 of this Part;

(20) copies of the day care center's personnel policies and practices, except where such applicant is a small day care center;

(21) a description of the pattern of supervision of staff by the director or responsible person and procedures to assure adequate and appropriate supervision of employees and volunteers of the program as required in sections 418.14 and 418.15 of this Part or sections 417.14 and 417.15 of this Title, as appropriate;

(22) a description of policies and practices regarding appropriate supervision of children as required in section 418.15 of this Part or section 417.15 of this Title, as appropriate;

(23) a description of the responsibilities of each staff position and the qualifications for each staff position;

(24) a description of the schedule and content of training as required in section 418.16 of this Part or section 417.16 of this Title, as appropriate, including use of both in-service training and outside training resources;

(25) copies of a sample of menus for snacks and meals covering a four week period and reviewed and signed by a person qualified in nutrition, as required in section 418.10 of this Part;

(26) a description of food service arrangements if meals are not prepared at the center;

(27) a copy of a certificate of insurance from an insurance company showing the intent to provide general liability insurance to the day care center upon licensure or registration;

(28) when the child day care center or small day care center is incorporated, the following additional documentation:

(i) a copy of the certificate of incorporation showing authority to operate a day care center or centers;

(ii) verification of filing of the certificate of incorporation with the Secretary of State; and

(iii) a current list of the names of the board of directors and their addresses, telephone numbers of the current principal officers and members, and the business and civic qualifications of all such individuals;

(29) when the child day care center or small day care center is owned by an individual, corporation, partnership or other entity using a business or assumed name, a copy of the certificate of doing business under an assumed name obtained from the county clerk; and

(30) when transportation is provided by the center, evidence of approval and inspection of the vehicle and compliance with all regulations of the New York State Department of Transportation.

(c) Applicants for a license or registration must submit all the documentation required in subdivision (a) of this section within 90 days after the submission of the first piece of such documentation to the department. An applicant who fails to submit all documentation within the 9o days will be deemed to have withdrawn such application

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