§ 47.41 Indoor Physical Facilities.
RCNY § 47.41
(a)Egress. All buildings in which child care or supervision is provided by programs that received their first permit after January 1, 1989, shall have two unobstructed means of egress, separated by at least half the diagonal dimension of the occupied space of the building or as otherwise specified by applicable building code. Fire escapes shall not be counted as means of egress.
(b)No child care or child supervision provided above third floor. No programs receiving a first permit after January 1, 1989, shall allow children to utilize any rooms, areas or other spaces above the third floor of a building, except that the Department may allow programs to occupy spaces above the third floor where DOB and FDNY or other appropriate government entities have approved such use and the Department has approved the applicant or permittee's evacuation plan.
(c)Infant/toddler child care or supervision limited to first floor. No infant/toddler child care program, or family shelter-based drop-off child supervision program that supervises infants or toddlers, receiving a first permit on or after September 1, 2008, shall provide services in any room, area or other space above the first floor or below the ground level floor of a building, except that the Department may allow such programs to occupy spaces above the first floor or one level below the ground level floor of a building, where DOB and FDNY or other appropriate government entities have approved such use and the Department has approved the applicant or permittee's evacuation plan.
(d)Basements. A program receiving a first permit on or after September 1, 2008, shall not allow children to utilize any rooms, areas or other spaces lower than one level below the ground level floor of a building.
(e)Window guards. Windows guards shall be installed in accordance with specifications provided or approved by the Department on all windows in all rooms, hallways, and stairwells, except windows giving access to fire escapes.
(f)Passageways free of obstruction. All corridors, doorways, stairs, and exits shall be kept unobstructed at all times.
(g)Protective barriers in stairways. Protective barriers shall be provided in all stairways used by children. Stairways shall be equipped with low banisters or handrails for use of children. Protective barriers providing visual access shall be installed in lofts used by children.
(h)Shielding required. Columns, radiators, pipes, poles, and any other free-standing or attached structures in classrooms and play areas shall have protective guards.
(i)Door locks. No door to a bathroom, closet or other enclosed space shall be equipped with a lock that allows the door to be locked from inside the space, except that such devices may be used to secure privacy if they can be overridden from the outside in an emergency, and may otherwise be used as required for compliance with applicable law or regulations regarding lockdown procedures.
(j)Finishes and maintenance. Walls, ceilings and floors shall be finished with non-toxic finishes, constructed of materials enabling thorough cleaning, and maintained in good repair, with no holes, missing tiles, peeling plaster, or other defects.
(k)Securing entrances and exits.
(1)Monitoring. All interior entrances and exits of the facility must be monitored and kept secure by individual staff, contractors, and/or electronic or other surveillance providing unobstructed views of entrances and exits at all times during operation of the program. Panic bars must be installed on all exterior doors of the facility. When used in this paragraph a "panic bar" means a door latching assembly incorporating a device that releases the latch upon the application of a force in the direction of egress travel.
(2)Entry access. All entrances providing access to the facility must be secured with pass key identification or other means that effectively limit access to staff, parents and other authorized persons. (Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
