Licensing Standards for DayCare Centers

Section 418.5
Building and Equipment

(a) Buildings, premises, equipment and furnishings used for or in a day care center must be safe and suitable for the comfort and care of the children and must be maintained in a good state of repair and sanitation.

(b) Buildings must be in compliance with the New York State Uniform Fire Prevention and Building Code.

(c) Each applicant must submit to the department a diagram of the proposed day care center at the time of application for licensure or registration and before any change(s), addition(s) or expansion(s) takes place.

(1) The diagram must be labeled with the planned occupancy or us of all areas of the building and all outside areas to be use or occupied by the day care center. The diagram must show room dimensions, the age group(s) using each room, the size the group(s) using each room, kitchens and bathrooms for children and staff, exits, alternate means of egress, plumb) fixtures such as toilets, sinks and drinking fountains and t outdoor play area showing its relationship to the building.

(2) At the time of application for licensure or registration or such time as change(s), addition(s) or expansion(s) are proposed, the provider must receive written approval from the department prior to initiating such center or any subsequent change(s), addition(s), or expansion(s).

(e) Indoor areas occupied by children must be screened effectively against insects.

(f) A firm, sanitary crib, cot, bed or washable mat with padding at least 3/4 inch in thickness of adequate size must be provided for each chi under five years of age who spends more than four hours per day at the day care center and for any other child requiring a rest period. Padded mats may be provided only for children who are two years of age and older. No crib, cot, bed or mat may be occupied by more than one child. Padded mats may be used only in areas of the center where there is no draft and must be arranged in a manner that prevents others from stepping on the children who are using the mats. Beds, cots or mats must be placed so as to provide adequate space on all sides not adjacent to a wall. Individual sanitary bed coverings sufficient to maintain adequate warmth must be available when necessary for each child using a crib, cot, bed or mat.

(g) Cribs, padded playpens or firm sanitary cots must be provided for children under two years of age.

(h) There must be a separate quiet area, which can be adequately supervised, for children who become ill or who develop symptoms of illness.

(i) Toxic paints or finishes must not be used on walls, window sills, beds, toys or any other equipment, materials or furnishings which may be used by children or are within their reach.

(j) The floors and walls of the areas used for child day care must not contain materials hazardous to children's health or safety. All concrete floors used by the children must be covered with appropriate material.

(k) Children must be accommodated in well-proportioned rooms having a minimum of 35 square feet for each child. Areas used for large motor activity, staff lounges, storage spaces, halls, bathrooms, kitchens and offices may not be included in calculating the 35 square feet per child requirement. Space must be provided on a daily basis for large motor activity, quiet activities and other appropriate activities. Floor space must be arranged to include corridor or side space in which to move groups of children without passing through rooms and to provide for orderly evacuation in the event of an emergency.

(l) Separate quarters or areas apart from those of the older children must be provided for infants and toddlers. Play areas apart from sleeping quarters must be provided where infants and toddlers may safely and comfortably sit, crawl, walk and play. A minimum of 35 square feet per infant or toddler must be provided for such purpose. Additional space for sleeping must be provided for infants and toddlers. This additional space must contain a crib, playpen or cot for each infant and toddler. Such cribs, playpens and cots must be set at least two feet apart from each other.

(m) For child day care centers serving 45 or more children, the building must contain adequate office space, staff lounges and toilet facilities for use of the staff separate from toilet facilities for children.

(n) Space must be provided and so arranged that each child's outer garments may be hung separately.

(o) Readily accessible outdoor play space which is adequate for active play must be provided.

(p) Convenient, adequate and sanitary toilet facilities must be provided for the children in a separate, properly ventilated room. One sanitary toilet and one wash basin must be available for every group of 15 children, or part thereof.

(q) Hot and cold running water must be available and accessible at all times.

(r) School-age components of day care centers must have facilities located in separate areas to avoid interference with the younger children's programs.

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