BISP CH.5 Reference 11.2 DAY CARES – COMMERCIAL AND NY STATE FAMILY AND GROUP FAMILY Flashcards
Family day care visits
If the company has previously visited the family day care facility for
familiarization, no further action is required.
Note: Units should be aware that this is a one-time familiarization visit. It
will not become part of the company’s cyclical inspections.
Do not enter any
family day care facility located in a private residence (that is, any family day
care home or group family day care home) without first obtaining consent
from the day care provider or other adult residing on the premises.
A family day care home is a program providing child care on a regular basis in a family
residence (other than the children’s own home) for 3 to 6 children for more than 3 hours a
day. An additional two children who are of school age may be cared for before or after
school hours. The maximum number of children that may be cared for will be specified
on the license for the family day care home.
A group family day care home is a program providing child care on a regular basis in a
family residence (other than the children’s own home) for 7 to 12 children for more than
3 hours a day. An additional two children who are of school age may be cared for before
or after school hours. The maximum number of children that may be cared for will be
specified on the license for the group family day care home.
If the family day care facility cannot be found or is no longer in operation at the
location, the officer shall cause an A-8
If a company is unable to obtain access to the day care facility on the first visit, the
company shall make two additional attempts to visit the facility.
The company shall attempt to conduct this inspection during the time of operation.
If the company is unable to obtain access to the family day care facility after three
attempts, the officer shall cause an A-8 to be prepared indicating same, and forwarded to
the Field Public Communications Unit
If the company is refused access by the child day care provider, the officer shall
cause an A-8 to be prepared indicating same,
ENFORCEMENT
If the facility is a family day
care home or group family day care home in a private residence, the Fire
Department cannot enforce occupancy, egress and fire safety requirements in family
day care homes and group family day care homes that are in conflict with the New
York State Social Services Law and the fire protection regulations adopted by the
New York State Department of Social Services. If any violations or other unsafe
conditions are observed, an A-8 referral form shall be prepared identifying same, and
forwarded
.
Single family residences, Two family, Attached row houses
The first floor of a family day care or group family day care must have two means of
egress. Family and group family day care providers and applicants who do not have
two first-floor remote exit doors may seek approval to operate on the first floor with
one means of egress and one emergency exit or a rescue opening. They will be
permitted to use a window as a means of egress if the window is at least 24” x 24”.
When care is provided primarily on the first floor of a family or group family day care
home and the second floor is used on a limited basis, such as for napping purposes or
bathroom use, one means of egress from the second floor must be either an interior
stairway with no intervening rooms or obstructions which leads to an exterior door at
ground level or an exterior stairway which leads directly to the ground. The second
exit may be a window which has the minimum net clear opening height dimension of at
least 24 inches and a minimum net clear width dimension of at least 24 inches and is an
adequate size through which all children and adults can be evacuated.
When care is provided primarily on the second floor of a family or group family day
care home, both means of egress from the second floor must be stairways.
Note: Children must not be located above the second floor of a single family
dwelling.
Where children are located below ground level, one means of egress from the below-
ground level area must be either an interior stairway with no intervening rooms or
obstructions which leads to an exterior door at ground level, or an exterior stairway
which leads directly up to ground level. The “vertical travel” to ground level may not
exceed eight feet.
WINDOWS NO GOOD FOR BSMT EGRESS
Multiple Dwellings may be used to operate family and group family day cares on any floor
providing that the building has at least two alternate means of egress comprising of two internal
stairways which lead down to a bottom floor and the bottom floor has two remote doors.
FIRE ESCAPES
No new day care site located above the fourth floor will be approved where a fire
escape will be used as a second means of egress. Existing providers who are
located on the fifth floor and who use a fire escape as a second means of egress
will be permitted to continue operation and plans will be developed on a case-by-
case basis to provide for safe evacuation.
Existing providers on the sixth floor or above who currently use a fire escape as a
second means of egress will no longer be permitted to use a fire escape as a second
means of egress.
Operational smoke detectors must be used in all day care homes. There must be
one smoke detector on each floor of the home. A smoke detector must be located
outside each area used for naps.
.
