New York Licensing Standards for Day Care Centers

Licensing Standards for DayCare Centers

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Section 418.8
Fire Protection

(a) Suitable precautions must be taken to eliminate all conditions, which may contribute to or create a fire hazard.

(b) Fire drills must be conducted at least monthly during the hours of operation of the day care center pursuant to the recommendations of the local fire department and a record thereof must be kept on file using forms furnished by the department.

(c) Fire detection, alarm and fire fighting equipment appropriate to the type of building construction, size, height and occupancy must be provided. Programs located in public school buildings are exempt from the requirements of sub-paragraphs (i) and (ii) of paragraph (1) of this subdivision.

(1) Such equipment must include at least:

(i) one fire extinguisher for every 3,000 square feet of space;

(ii) an automatic fire detection alarm system throughout exit-ways, furnace rooms and any other unsupervised spaces within the building which contain fire hazardous materials. Such system must be the smoke sensing type or a water sprinkler alarm system; and

(iii) manually activated fire alarm stations.

(2) All fire detection, alarm and fire-fighting equipment must be regularly tested and maintained in good working condition and all staff must be instructed in its function and operation.

(d) Except for programs located in public school buildings and currently used for elementary, middle or secondary education programs approved by the State Education Department, the day care center must have a fire inspection at least annually which is conducted by local or State fire officials, and a record thereof must be kept. The director or a designated qualified staff member must conduct monthly inspections of the premises to observe possible fire hazards. Any such hazard must be corrected immediately and a record of such correction must be maintained at the program.

(e) Adequate means of egress must be provided. Children may be cared for only on such floors as are provided with readily accessible alternate means of egress to other floors, in the case of fire-resistant buildings, and to the outside in the case of non-fire-resistant buildings, and such means of egress must be remote from each other. No vertical ladders, chain ladders or slide chutes may be used as a means of egress.

(f) All corridors and approaches to fire escapes and other exits must be kept unobstructed at all times.

(g) Exit stairways must be enclosed with fire resistant walls, doors and door frames and must be equipped with low railings for the use of the children.

(h) Fire safety precautions must be established and maintained in accordance with the department's fire safety inspection checklist, which covers such topics as exits, heating equipment, combustible materials, electrical appliances, smoke detectors and fire extinguishers.

(i) Wood or coal burning stoves, fireplaces and gas space heaters must be inspected and approved by local authorities.

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