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 418-2 - Small Day Care Centers › Section 418-2.2 - Procedures for applying for and renewing a registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants for a registration 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 small 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 small child day care, 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 small child day care center is a permitted use under any zoning code
			   applicable to the area in which the small 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 small
			   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 small 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 small child day care center and all adjacent areas of
			   such building, as required in section
			   418-2.3(a) 
			   of this Subpart;
(11) a description
			   of program activities offered to meet the needs of children, as described in
			   section
			   418-2.7(a) 
			   of this Subpart;
(12) a copy of the
			   emergency plan and emergency evacuation diagram, as required in section
			   418-2.5(b) 
			   of this Subpart, specifying alternate means of egress;
(13) a health care plan developed in
			   accordance with the requirements of section
			   418-2.11(a) 
			   of this Subpart;
(14) medical
			   statements for the provider and any assistant(s) completed within the 12 months
			   preceding the date of application, as required in section
			   418-2.11(b) 
			   of this Subpart;
(15) a summary of
			   the training and experience of the provider and any assistant, as described in
			   section
			   418-2.13(a)(4) 
			   of this Subpart;
(16) the names,
			   addresses and day time telephone numbers of at least two acceptable references
			   each for the provider and any assistant, as specified in section
			   418-2.13  of
			   this Subpart;
(17) a sworn
			   statement by the applicant and any assistant 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 section
			   413.4  of
			   this Title;
(18) 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;
(19) certification, on forms
			   provided by the office, that the small child day care center is in compliance
			   with workers' compensation in accordance with the requirements of New York
			   State Law;
(20) 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 registration, 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;
(21) when the small 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
(22) an email address for the provider 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 provider or other person
			   designated to receive written communications from the office.