§ 45.11 Physical Facilities.
RCNY § 45.11
(a)School or children's institution shall not be conducted in a factory, mercantile or business building, unless the premises are approved by the Department. Such approval shall not be granted unless the premises and the area surrounding the premises are free from fire, traffic or other safety hazards.
(b)A child shall not be kept for any period of time in a cellar as defined in chapter 26, title C, part 11, article 2, subarticle 201.0 of the Administrative Code. A child shall not be permitted to remain for any period of time in a basement as defined in such subarticle of the Administrative Code when one side of the basement is more than three feet below the surface of the ground surrounding the building, without the prior approval of the Department. Such approval shall not be granted to a school or children's institution which receives a permit for the first time after the effective date of this Code, or which is in a building erected or renovated after the effective date of this Code. This subsection shall not apply to cellar or basement space used for a lunchroom, dining room, cafeteria, or other eating place, for a lavatory, as defined in 24 RCNY Health Code § 1.03(n), or a washroom.
(c)All parts of a building used for the care 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. Background surfaces shall be of a dull finish in colors providing low brightness differences and low contrasts. In a school or children's institution located in premises constructed after the effective date of this Code, the amounts of light required by subdivisions (1) through (5) of this subsection shall be provided and maintained at the children's activity level. In a school or children's institution located in premises constructed on or prior to the effective date of this Code, the requirements of subdivisions (1) through (5) of this subsection shall be complied with as far as practicable when the premises are renovated or altered. The lighting standard is as follows: (1) Fifty footcandles of light in drafting, typing or sewing rooms and in all classrooms used for partially sighted children; (2) Thirty footcandles of light in all other classrooms, study halls or libraries; (3) Twenty footcandles of light in recreation rooms; (4) Ten footcandles of light in auditoriums, cafeterias, locker rooms, washrooms, corridors containing lockers; and, (5) Five footcandles of light in open corridors and store rooms.
(d)When the outside temperature is less than 55 degrees Fahrenheit, and the children are on the premises, a temperature of between 68 degrees and 72 degrees Fahrenheit shall be maintained in all parts of the building used by the children, except when the children are sleeping. Heating apparatus shall be equipped with adequate protective guards. Gas space heaters shall not be installed or used without the approval of the Department. Kerosene heaters are prohibited.
(e)A lighted and ventilated room or compartment shall be provided, sufficient in size and arranged so that each child's garments may be hung separately and within his reach.
(f)Drinking water shall be available near classrooms and playrooms and easily accessible to the children. Except when bubbler fountains are used, individual drinking cups shall be provided within reach of the children. If bubbler fountains are used, they shall be of the angle jet type with suitable guards and shall have water pressure which is sufficient to raise the water high enough above the spout to avoid contamination.
(g)Walls, ceilings and floors shall be finished so that they may be cleaned readily. The premises, furnishings and equipment shall be kept clean. While occupied by children, rooms other than workshops shall not be swept or dusted. No room used for children shall be cleaned by dry sweeping. When quarters are provided for the staff or attendants, they shall be kept clean at all times.
(h)Indoor and outdoor play areas shall be available for the use of the children. Such play areas shall be safe, clean, easily accessible, adequate in size and suitable for the needs of the children. A shady area shall be available in outdoor play areas used during the summer months.
(i)Toilets shall be provided convenient to playrooms, class rooms and dormitories and the number of such toilets shall be as prescribed by 24 RCNY Health Code §§ 49.07 for a school or 51.09 for a children's institution. In a lavatory for boys six years of age and over, urinals may be substituted for not more than one-third of the number of toilets required. When such substitution is made, one urinal shall replace one toilet so that the total number of toilets and urinals shall in no case be less than the number of required toilets. Toilets and urinals shall be of such height and size as to be usable by the children without assistance.
(j)Separate lavatories shall be provided for boys and girls six years of age and over, and a partition no less than five feet six inches high shall separate the toilets in such lavatories. In a school or children's institution located in premises constructed after the effective date of this Code, separate lavatories shall be provided for the persons in charge, staff and other employees.
(k)Wash basins with an adequate supply of hot and cold running water shall be provided in or adjacent to lavatories, and the number of such wash basins shall be as prescribed by 24 RCNY Health Code §§ 49.07 for a school and 51.09 for a children's institution. When an extended wash basin with several faucets supplying tempered water is used, each faucet shall be considered as meeting the requirement for one wash basin.
(l)Plumbing shall be installed only by a licensed master plumber and shall be free of cross-connections and other hazards to health.
(m)Proper and sufficient ventilation, by natural or artificial means, shall be provided in each room used by the children pursuant to § C26-266.0 of the Administrative Code. The windows, inlets and outlets shall be located and the rate of air flow shall be controlled so as not to subject the children to drafts.
(n)Windows in rooms above the ground floor shall be safely guarded when the window sills are so low as to present a safety hazard to the children.
