§ 47.11 Written Safety Plan.
RCNY § 47.11
(a)Safety plan required. Every current permittee and every applicant for a new permit shall develop, review annually and update, in accordance with changed circumstances, conditions or activities, or as required by the Department, a written safety plan. The written safety plan shall be approved by the Department if it includes all the information required in this Article. Upon permit renewal, if no changed circumstances require changes to a previously approved written safety plan, the permittee shall state in writing that no changes were needed or made to the plan. The safety plan shall be implemented by the permittee, provided to parents on request, kept in an accessible location at the facility. The program must provide all staff and volunteers with copies of the safety plan and training in implementing the policies and procedures of the plan. This training shall include, but not be limited to, training and drills in medical and other critical and emergency response procedures, including evacuation of the premises. Documentation showing that staff received copies of the plan and training and drills in implementing its provisions must be maintained on site by the permittee and made available to the Department upon request while staff remain employed at the program.
(b)Scope and content. The written safety plan shall establish policies and procedures for safe operation, including a child care program’s core operating hours; the name of the education director designee for a child care program, if applicable; teaching and other staff duties; facility operation and maintenance, fire safety, general and activity-specific safety, and emergency management; staff and child health and medical requirements; staff training; and parent/child orientation. The written safety plan shall consist of, at a minimum, a table of contents and the following components: (1) Staff: organizational chart and job descriptions.
(2)Program operation and maintenance: schedules and designated staff for facility inspection, cleaning and maintenance, and schedule for boiler/furnace and HVAC system maintenance, maintenance of adequate water pressure, protection of the potable water supply from submerged inlets and cross-connections in the plumbing system, schedule for the annual lead paint survey, inspection of window guards, indoor and outdoor equipment inspection and replacement schedule, evaluation of injury prevention procedures, equipment and structures, identification of procedures for transportation vehicle maintenance, food protection procedures during receipt, storage and preparation, identity of individuals certified in food protection, schedule for sanitization procedures of food prep areas, and identification of approved food sources.
(3)Fire safety: evacuation of buildings and property, assembly, supervision, and accounting for children and staff; fire prevention; coordination with local fire officials; fire alarm and detection systems and their operation, maintenance, and routine testing; type, location and maintenance of fire extinguishers; inspection and maintenance of exits; required fire drills and log; electrical safety; and reporting to the Department within 24 hours any fire of which the FDNY or other appropriate state or federal government entity is notified, or that damages any facilities, is threatening to life or health.
(4)Health care plan: (A) a statement of policies and procedures specifying how the health and medical requirements of this Code shall be implemented, including but not limited to the following topics: (i) individual children's restrictions on activities, needs for medication administration, and other special needs, if any; (ii) initial health screenings and required immunizations for children and staff, and collection of related documentation prior to enrollment of a child or hire of a staff member; (iii) daily health surveillance of children; (iv) provision of basic pediatric first aid, and handling and reporting medical emergencies and outbreaks; (v) storage of the required epinephrine auto-injectors as directed by the manufacturer, including their storage location, which must be readily accessible to trained staff but not accessible to children; procedures for inspection of the epinephrine auto-injectors to determine whether the storage location continues to be in compliance with the requirements specified by the manufacturer, and whether the auto-injectors have reached their expiration dates, and procedures for replacement when necessary; and procedures for use of the epinephrine auto-injectors. The name and title of the individual responsible for the epinephrine auto-injectors' inspection and maintenance must be included in the plan and kept current; (vi) response to allegations of child abuse; (vii) medical, nursing, and emergency medical services addressing special individual needs; (viii) names, qualifications, and duties of staff certified in pediatric first aid and pediatric CPR; (ix) separation facilities, supervision, and procedures for caring for ill children until a parent, guardian, or other care giver arrives; (x) storage of medications; (xi) location and use of first aid and CPR supplies; (xii) maintenance of a medical log, to be kept on site and provided to the Department upon request; (xiii) universal precautions for blood borne pathogens; (xiv) reporting of child and staff illness and injuries; and (xv) sanitary practices. (B) If the permittee has a medication administration policy, the permittee shall immediately notify the Department of any changes in designated exempt or certified staff.
(5)Corrective action plans: actions to be taken to protect children on receipt of reports of alleged and confirmed teaching and other staff criminal justice or child abuse histories.
(6)General and activity specific safety and security: procedures for establishing and maintaining accountability for children and child supervision during all on and off-site activities; maintaining records of staff schedules and assignments, addressing at a minimum: (A) Observing and recording children's daily attendance and the times children enter and leave the program, in accordance with 24 RCNY Health Code § 47.27(a); (B) Recreational and trip supervision and staffing for specific outdoor and off-site activities in accordance with 24 RCNY Health Code § 47.57; (C) Sleep and rest period supervision; (D) Bathroom use supervision; (E) Transportation supervision in accordance with 24 RCNY Health Code § 47.65; (F) Procedures for and staff assigned to (i) securing the facility from unauthorized entry and preventing children from leaving the facility unless they are escorted by authorized adults; (ii) observing and monitoring all entrances and exits at all times children are on premises; and (iii) periodic observation and monitoring of stairs, hallways, bathrooms and unoccupied spaces during program operation.
(7)Infant sleep safety: practices and policies that establish a safe sleeping environment, promote an infant's comfort and well-being and reduce the risk of suffocation or death occurring while infants are in cribs or asleep. Such practices and policies must be based on current recommendations of the American Academy of Pediatrics, American Public Health Association, and the National Resource Center for Health and Safety in Child Care and Early Education, Caring for our children: National Health and Safety Performance Standards; Guidelines for Early Care and Education Programs, 3rd edition, 2011, or successor recommendations. The plan must include procedures for actively observing and evaluating infants for overheating, breathing status, and other signs of physical or medical distress that may require intervention, at intervals not to exceed 15 minutes. A log, on forms provided or approved by the Department, must be maintained. The log for the immediately prior 14 days must be kept on site for two weeks after observations take place, and must be made available to the Department upon request. Forms with entries indicating problems observed in an individual infant shall be kept in the child's medical record while the child remains enrolled in the program. The use of infant movement monitors or infant apnea monitors does not relieve the program of the responsibility to conduct and note required observations.
(8)Staff training: new employee orientation; training curricula, including how staff will be trained in the provisions of the written safety plan and be made aware of its contents of and any changes to the safety plan; procedures for child supervision, infant sleep safety; behavior management; child abuse recognition and reporting; prevention of shaken baby syndrome; prevention of and response to emergencies related to food or allergic reaction; prevention and control of infectious diseases (including immunization), provision of first aid and emergency medical assistance, including but not limited to cardiopulmonary resuscitation and response to emergencies related to food or allergic reaction, including but not limited to use of an epinephrine auto-injector; reporting of child injury and illness; managing and reporting incidents where children are lost to supervision; fire safety and fire drills; child and staff evacuation procedures; activity specific training for assigned activities; handling and storage of hazardous materials and appropriate disposal of biochemicals; and process to document attendance at staff training.
(9)Emergency evacuation: age-specific plans for removal of children from the premises for each shift and program where care is provided. Primary emphasis shall be placed on the immediate evacuation of children in premises which are not fireproof. Emergency evacuation procedures, implementing recommendations of FDNY or, if applicable, the appropriate state or federal government entity, shall be posted in conspicuous places throughout the facility. The emergency evacuation plan shall include the following: (A) How children and staff will be made aware of the emergency; (B) Primary and secondary routes of egress; (C) Methods of evacuation, including where children and staff will meet after evacuating the building, and how attendance will be taken; (D) Roles of the staff and chain of command; (E) Notification of authorities and the children's parents.
(10)Parent / child orientation: orientation curriculum outline; tour of premises; reporting and management of illnesses, injuries and other incidents; evacuation plan; lost child plan; lightning plan; fire safety and fire drills; evacuation procedures; activity specific training for assigned activities; trips (if provided). (Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018; amended City Record 8/19/2025, eff. 8/19/2025; amended City Record 11/20/2025, eff. 11/20/2025)
