Safety; General Requirements.
24 RCNY § 47.57
in effect§ 47.57 Safety; General Requirements.
(a) Telephone service. The permittee shall provide and maintain at least one dedicated land line listed telephone for emergency use, and shall conspicuously post adjacent to the telephone current telephone numbers and instructions for obtaining fire, police and emergency medical assistance, contacting the Department's poison control hotline and Bureau of Child Care, or successor program, and the SCR child abuse hotline.
(b) Eliminate safety hazards. Precautions shall be taken to eliminate all conditions in areas accessible to children that pose a safety or health hazard.
(c) Choking hazards. Handbags, backpacks, briefcases, or other personal items belonging to adults or children, plastic bags, toys and objects small enough for children to swallow shall be stored in manner that they are not accessible to children.
(d) Cold weather. When outdoor temperatures are below 55°F, and children are on premises, permittees shall maintain indoor air temperatures between 68°F and 72°F in all rooms, areas and other spaces used by children.
(e) Heat advisories. On designated heat advisory, excessive heat warnings or watches, or ozone or other air pollution advisory days, the permittee shall maintain physical comfort levels of children and staff by providing adequate facility ventilation and/or air conditioning. The permittee shall implement policies to increase children's fluid intake and facilitate adequate hydration. Activities shall be modified to protect children from heat associated disorders and conditions, including but not limited to heat stress and heat strain, and scheduled activities shall be otherwise restricted or cancelled in response to restrictions or recommendations of the New York City Office of Emergency Management or the National Weather Service. During severe weather or other advisories, the permittee shall take appropriate action to protect the safety and health of children, including but not limited to, early dismissal, closing of the program, and employing appropriate precautions during transportation. Such precautions shall be described in the written safety plan.
(f) Approved areas to be used. Children shall not be kept for any period of time in any areas of a building or other premises not previously approved by the Department and by FDNY and DOB or other appropriate government entities for such use. Such approval shall not be granted by the Department unless the premises and the area surrounding the premises are free from fire, traffic, and other safety or health hazards.
(g) Environmental hazards. Programs obtaining a first permit after September 1, 2008, shall not be co-located in any building or other premises containing commercial or manufacturing establishments associated with environmental hazards including, but not limited to those associated with dry cleaners, gas stations and petrochemical storage and distributors, automotive dealerships/maintenance or repair facilities, commercial printing, industrial/manufacturing plants and machine/equipment servicing, nuclear laboratories or power plants, or on premises identified as a federal or state superfund or other cleanup site, or any property with known contaminated ground or water supplies. No permit shall be issued or renewed for any program located in any building or other premises unless such building or premises are free of environmental hazards including but not limited to those identified above, or any other condition dangerous to life and health. When the permittee or the operators or other persons in control of any premises occupied by any program learn of a current or prior commercial activity or condition that may result in potential exposure to environmental hazards, such persons shall submit written notification on a form provided by or satisfactory to the Department of the existence of such activity or condition. When the Department determines that a condition may expose children or other persons to environmental hazards at the premises occupied by any program, it may order the abatement or remediation of such condition. In such cases as it deems necessary the Department may conduct and/or order the owner or other persons in control of the premises occupied by the program to conduct an environmental assessment consisting of but not limited to environmental sampling and to take such other action as it deems essential to protect the public health.
(h) Adults restricted. Adults allowed on the premises occupied by a program shall be limited to staff, parents and/or guardians and other authorized relatives and volunteers, student teacher trainees or observers, credentialed Department staff and other governmental inspectors, and persons providing authorized services to the program.
(1) Authorized escorts. The permittee must obtain and maintain for every child a list of the name, relationship to child, address and contact information of every person the parent has authorized to escort a child from the program. The permittee shall not release any child to any individual who has not been identified by the parent as a person who is authorized to escort a child out of the facility.
(2) Notification to parents. The permittee must notify parents that the Health Code requires that no child is permitted to leave the program at any time with any person whose name is not on file at the program as an authorized escort. If any other person appears to escort a child out of the program, the permittee must immediately verify with the parent that the parent has authorized the escort before allowing the child to leave the program.
(i) Instructional swimming and aquatic activities. Programs shall obtain written approval of the Department prior to offering any swimming or other aquatic activities. Aquatic activities for group child care programs or family shelter-based drop-off child supervision programs are limited to learn to swim or water safety programs that use a supervision protocol approved by the State Commissioner of Health to protect children from injury or drowning. When authorized by the Department, such activities shall be conducted in accordance with the program's written safety plan and the following requirements:
(1) Facilities and equipment.
(A) Programs may utilize only swimming pools operating, pursuant to a permit issued by the Department, or other State permit issuing official, in accordance with 24 RCNY Health Code Article 165 and Subpart 6-1 of the New York State Sanitary Code, or successor regulations.
(B) Swimming at bathing beaches, spa pools and in "fill and draw" pools is prohibited.
(C) Swimming pools or other bodies of water within the grounds of a facility shall be surrounded by a barrier sufficient to form an obstruction to children having access to such body of water in accordance with 24 RCNY Health Code Article 165.
(D) Barrier walls, fences and gates shall be at least six feet high, except for wading pools, which shall be enclosed by barriers at least four feet high, and shall be firmly attached to the adjacent ground, and shall completely enclose the pool or body of water.
(E) Pathways, walkways, decks, or other connecting entrance to the pool or body of water shall be obstructed by barriers that prevent children from having access to the pool or body of water.
(2) Supervision: aquatic staff responsibilities and qualifications.
(A) At least one qualified lifeguard shall be provided by the pool or the program for every 25 children or portion thereof and for every 3,400 square feet of pool surface area. Qualified lifeguards, as defined in 24 RCNY Health Code Article 165, shall actively supervise children participating in swimming and aquatic activities, as detailed in the written safety plan, and shall not be engaged in any other duties or activities that distract them from direct supervision of children in the pool.
(B) The permittee shall identify an employee to act as an aquatics director responsible for direct supervision of all swimming and aquatic activities. The aquatics director shall be present during all swimming and aquatic activities; shall establish and oversee all such activities on and off-site; and shall supervise all staff, volunteers, and children participating in these activities.
(C) During all swimming and aquatics activities, the aquatics director or designee shall have in his or her possession the approved written safety plan; and shall maintain for each swimming session an accountability system detailed in the written safety plan and approved by the Department for recording the name of each child, the swimming area to which the child is assigned, the adult to whom the child is assigned in the swimming area, and the dates and times of initiation and cessation of aquatic and swimming activities.
(D) The aquatics director shall:
(i) be at least 18 years of age;
(ii) possess either: a current CPR certificate, not exceeding one year in duration, in CPR for the Professional Rescuer issued by the American Red Cross (ARC); or a current CPR certificate, not exceeding one year in duration, issued by a certifying agency determined by the State Commissioner of Health to provide an adequate level of CPR training; and
(iii) be either:
(aa) a progressive swimming instructor who is a currently certified ARC water safety instructor or possesses a current certificate issued by certifying agency determined by the State Commissioner of Health to provide an adequate level of similar training; or
(bb) a qualified lifeguard, as specified in the New York State Sanitary Code § 7-2.5(g), or successor regulation, who meets lifeguarding, first aid and CPR certification requirements detailed in Part 6 of the State Sanitary Code including minimum lifeguard supervision level IIa.
(E) The permittee shall restrict swimming and aquatic activities to group sizes consistent with 24 RCNY Health Code §§ 47.23(f) and 165.15.
(F) At least one progressive swimming instructor (PSI) shall be provided by the pool or permittee during all learn-to-swim programs, and shall provide instruction to no more than 10 children in the water at one time. A PSI shall be in the water at all times with the children and shall not be engaged in any other duties or activities that distract from direct instruction of children in the pool. The PSI shall be:
(i) at least 18 years of age; and
(ii) be a water safety instructor currently certified by the American Red Cross, or possess a current certificate issued by a certifying agency determined by the State Commissioner of Health to provide an adequate level of similar training; and
(iii) possess either: a current CPR certificate, not exceeding one year in duration, in CPR for the Professional Rescuer issued by the American Red Cross (ARC); or a current CPR certificate, not exceeding one year in duration, issued by a certifying agency determined by the State Commissioner of Health to provide an adequate level of CPR training.
(G) There shall be at least one staff member, parent, volunteer, or PSI located in the water in close proximity to children in the water, so as to provide immediate assistance to children in distress, with direct visual surveillance of:
(i) every two children in water that is less than chest deep as measured on the children; or
(ii) every one child in water that is greater than chest deep as measured on the children; or
(iii) every three children in the water if children are wearing non-inflatable, properly fitted flotation devices that are secured to their bodies.
(H) Staff members, parents, or volunteers in the water shall not be engaged in any other duties or activities that distract from direct supervision and support of children in the pool, and shall:
(i) be at least 18 years of age.
(ii) have their ability to swim established by the PSI prior to supervising children in the water. The PSI must assess their swimming capability, record the results, and incorporate them in the written safety plan which is maintained on file by the permittee.
(I) Learn-to-swim programs shall operate in water less than chest deep for all PSI, staff members, parents, and volunteers in the water.
(J) At least one staff member certified in pediatric CPR shall be present during all swimming and aquatic activities.
(3) Child safety.
(A) Children under 3 years of age are prohibited from participating in all swimming and aquatic activities.
(B) The written safety plan shall incorporate the safety requirements and supervision procedures applicable to swimming activities.
(C) An accountability system for supervising and accounting for children shall be established and detailed in the written safety plan approved by the Department, and shall include, but not be limited to
(i) an accountability system which identifies each child by name, the swimming area to which the child is assigned, the adult to whom the child is assigned in the pool, and a record of the dates and times of initiation and cessation of aquatic and swimming activities.
(ii) accountability checks of the children are made at least every 15 minutes and results recorded in an accountability log or in accordance with the accountability system detailed in the program's written safety plan approved by the Department. Any logs maintained in connection with this requirement shall be kept on site and made available to the Department upon request.
(D) The program's written safety plan shall specify duties of all staff in case of swimming and aquatic activity emergencies, including but not limited to emergency procedures for "lost swimmers."
(E) Prior to each swimming and aquatic activity, the aquatics director shall meet with all staff and volunteers assigned to the activity and review their roles and duties at the area, including the children to whom each adult is assigned, and emergency procedures for "lost swimmers."
(F) Prior to every trip to an off-site swimming facility not owned by the program, the permittee shall obtain and maintain on file for each child a written consent from a parent or guardian. A consent form approved by the Department shall be incorporated in the written safety plan and shall include the child's name and age, the destination and type of activities authorized during the field trip, and the date of the trip.
(j) Taking children off-site. When scheduling off-site trips or activities, the permittee must designate from among the staff accompanying the children on the trip or activity a staff member to serve as a trip coordinator. The trip coordinator is responsible for overall child supervision and must accompany each group of children when they go to off-site locations. Staff / child ratios for each group on the trip or participating in the activity must be at least the same as the ratios required by 24 RCNY Health Code § 47.23.
(1) Staffing. The trip coordinator shall determine whether and how many additional staff and/or adult volunteers are required to maintain constant line of sight supervision of each child during the time children are offsite in addition to maintaining the staff / child ratios required by 24 RCNY Health Code § 47.23. The duties of the trip coordinator and instructions for determining the number of additional staff must be included in the program's written safety plan.
(2) Child accountability. A system for maintaining accountability for children must be detailed in the written safety plan and include, at a minimum, provisions for:
(A) Name-to-face headcounts. During each trip offsite, staff must conduct name-to-face headcounts before leaving the facility, upon arrival at the offsite location, at periodic intervals while at the location, before departing from the location and upon arrival back at the facility.
(B) Identification of children. The permittee must provide each child with a piece of clothing and/or other item that identifies and provides contact information for the program, but shall not include any child's given or family name.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-45180Fetched: 10/24/2026