New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.2 - Procedures for applying for and renewing a license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants for a license must submit to
			   the office:
(1) a completed application,
			   including required attestations, on forms furnished by the office or approved
			   equivalents. Such application and attestations must include an agreement by the
			   applicant to operate the child day care center in conformity with applicable
			   laws and regulations;
(2)
			   certificate of occupancy or other documentation from the local government
			   authority having jurisdiction for determining compliance with the Fire Code and
			   Building Code of New York State, or other applicable fire and building codes
			   when the Fire and Building Code of New York State is not applicable, showing
			   that the facility has been inspected and approved within the 12 months
			   preceding the date of application for use as a child day care center, in
			   accordance with the appropriate provisions of such code;
(3) documentation from local zoning
			   authorities or officials, where such authorities or officials exist, that a
			   child day care center is a permitted use under any zoning code applicable to
			   the area in which the child day care center is located;
(4) documentation from the local health
			   office or the New York State Department of Health showing that the facility has
			   been inspected and approved within the 12 months preceding the date of
			   application;
(5) where a program
			   uses a private water supply, a report from a State licensed laboratory or
			   individual, based on tests performed within the 12 months preceding the date of
			   application, showing that the water meets standards for drinking water
			   established by the New York State Department of Health;
(6) certification, on forms provided by the
			   office, that the building, its property and premises, and the surrounding
			   neighborhood and environment are free from environmental hazards. Such hazards
			   include, but are not limited to, dry cleaners, gas stations, nuclear
			   laboratories or power plants, property designated as a Federal superfund
			   clean-up site, and any property with known contaminated ground or water
			   supplies. Where the historical or current use of the building, its property and
			   premises, or the surrounding neighborhood indicates that an environmental
			   hazard may be present, inspection or testing must be completed by the
			   appropriate local official or authority to determine if such a hazard exists.
			   Documentation of the inspection or testing must be appended to the statement
			   required by this paragraph and include a statement from the appropriate local
			   official or authority following this inspection and/or testing that the
			   building, its property and premises, and the surrounding neighborhood meet
			   applicable standards for sanitation and safety;
(7) documentation from service personnel
			   licensed by the New York State Department of State to perform fire alarm
			   systems maintenance, repair and testing which shows that fire alarm and
			   detection systems have been inspected, tested and maintained in accordance with
			   the applicable requirements of the Fire Code and Building Code of New York
			   State, or other applicable fire and building codes when the Fire and Building
			   Code of New York State is not applicable, for use of the building as a child
			   day care center;
(8) documentation
			   from service personnel qualified to perform fire suppression systems testing
			   showing that fire suppression equipment and systems have been tested and
			   maintained in accordance with the requirements of the Fire Code and Building
			   Code of New York State, or other applicable fire and building codes when the
			   Fire and Building Code of New York State is not applicable, for use of the
			   building as a child day care center;
(9) documentation from an inspector from the
			   New York State Department of Labor, or an insurance company licensed to write
			   boiler insurance in New York State, showing that all steam or hot water boilers
			   have been inspected and approved in accordance with the requirements of the New
			   York State Department of Labor. For all other fuel burning heating systems and
			   equipment, and boilers not subject to the New York State Department of Labor
			   requirements, documentation of service by a heating contractor performed within
			   the 12 months preceding the date of application;
(10) a diagram of the portion of the building
			   to be occupied by the child day care center and all adjacent areas of such
			   building, as required in section
			   418-1.3(a) 
			   of this Subpart;
(11) a description
			   of program activities offered to meet the needs of children, as described in
			   section
			   418-1.7(a) 
			   of this Subpart;
(12) a copy of the
			   emergency plan and emergency evacuation diagram, as required in section
			   418-1.5(b) 
			   of this Subpart, specifying alternate means of egress;
(13) a health care plan developed in
			   accordance with the requirements of section
			   418-1.11(a) 
			   of this Subpart;
(14) copies of
			   sample menus for snacks and, where meals are provided, for meals, or a copy of
			   the current letter of approval from the New York State Child and Adult Care
			   Food Program. Menus must cover a four week period and be reviewed and signed by
			   a person qualified in nutrition, as required in section
			   418-1.12(v) 
			   of this Subpart;
(15) where meals
			   are provided but are not prepared at the center, a description of food service
			   arrangements;
(16) a sworn
			   statement by the applicant indicating whether, to the best of the applicant's
			   knowledge, the applicant has ever been convicted of a misdemeanor or a felony
			   in New York State or any other jurisdiction, and fingerprint images to comply
			   with the requirements of Part 413.4 of this Title;
(17) certification, on forms provided by the
			   office, that the applicant is in compliance with child support obligations or
			   payments, in accordance with the requirements of section 3-503  of the General Obligations
			   Law;
(18) certification, on forms
			   provided by the office, that the child day care center is in compliance with
			   workers' compensation in accordance with the requirements of New York State
			   Law;
(19) Statewide Central
			   Register of Child Abuse and Maltreatment and Justice Center for the Protection
			   of Persons with Special Needs:
(i) the
			   Statewide Central Register database form necessary to complete required
			   screening by the Statewide Central Register of Child Abuse and Maltreatment to
			   determine if the applicant, for such license, is the subject of an indicated
			   report of child abuse or maltreatment;
(ii) the forms necessary to check the
			   register of substantiated category one cases of abuse or neglect maintained by
			   the Justice Center for the Protection of Persons with Special Needs per section 495  of the Social Services Law.
(20) a description of specific
			   procedures which will assure the safety of a child who is reported to the
			   Statewide Central Register of Child Abuse and Maltreatment as well as other
			   children provided care in the child day care center, as required in section
			   418-1.10(d) 
			   of this Subpart;
(21) a description
			   of the procedure to be used to review and evaluate the background information
			   supplied by applicants for employment and volunteer positions, as required in
			   section
			   418-1.13  of
			   this Subpart;
(22) copies of the
			   child day care center's personnel policies and practices;
(23) a description of policies and practices
			   regarding appropriate supervision of children pursuant to section
			   418-1.8 
			   of this Subpart;
(24) an outline of
			   a plan for training as required in section
			   418-1.14  of
			   this Subpart, including use of both in-service training and outside training
			   resources;
(25) a copy of a
			   certificate of insurance from an insurance company showing the intent to
			   provide general liability insurance to the child day care center upon
			   licensure;
(26) when the child day
			   care center is owned by an individual, corporation, partnership or other entity
			   using a business or assumed name, a copy of the certificate of doing business
			   under an assumed name obtained from the county clerk; and
(27) an email address for the director or
			   other person designated to receive communications from the office. If the
			   applicant is unable to provide at least one valid email address, the applicant
			   must provide a valid mailing address for the director or other person
			   designated to receive written communications from the office.