(a) Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

(b) The provider must submit a written emergency plan and emergency evacuation diagram for the emergency evacuation of children from the premises for each shift of care provided (day, evening, night), using a form furnished by the office, or an approved equivalent form. Primary emphasis must be placed on the immediate evacuation of children.

(c) Portable electric heaters or other portable heating devices, regardless of the type of fuel used, may not be used in small day care centers.

(d) Radiators and pipes located in rooms occupied by children must be covered to protect the children from injury when the heating system is in use.

(e) Porches, decks and stairs with more than two steps must have railings with a barrier extending to the floor or ground to prevent children from falling. Acceptable types of barriers include, but are not limited to, banisters, intermediate rails, and heavy screening.

(f) Barriers must exist to prevent children from gaining access to unsafe areas. Such areas include, but are not limited to, swimming pools, drainage ditches, wells, ponds, or other bodies of open water, holes, wood and coal burning stoves, fireplaces, pellet stoves and permanently installed gas space heaters or any other unsafe areas.

(g) The use of pools that have not received a Department of Health permit to operate, spa pools and all fill-and-drain wading pools are prohibited.

(h) Public swimming pools and adjacent areas used by the children must be constructed, maintained, staffed and used in accordance with chapter 1, subpart 6-1, of the New York State Sanitary Code, and in such a manner as will safeguard the lives and health of children.

(i) When swimming is included as part of the program activities each child shall have a signed statement of permission from the parent to participate.

(j) All field trips with an itinerary that includes an activity where emergency medical care is not readily available and/or an activity such as, but not limited to, wilderness hiking, rock climbing, horseback riding, bicycling, must be accompanied by a staff who possess a current first aid certificate and cardio-pulmonary resuscitation (CPR) certification.

(k) If off-site events are part of the program’s activities, the child care program must develop and share with its program staff written plans that cover field trip events. The safety plan must at least include requirements set forth in subdivision (g) of this section, sections 418-2.6, and 418-2.8 of this Subpart.

(o) Clear interior or exterior glass doorways must be marked clearly to avoid accidental impact.

(p) Glass in outside windows less than 32 inches above the floor level must be of safety grade or otherwise protected by use of barriers to avoid accidental impact.

(q) Windows above the first floor that are accessible to children and present a fall hazard must be protected by permanent barriers or restrictive locking devices to prevent a window from opening fully thus preventing children from falling out the windows.

(r) An operable flashlight or battery powered lantern must be kept in each classroom. Such equipment must be properly maintained for use in the event of a power failure.

(t) Operating carbon monoxide detectors and alarms must be located in accordance with applicable laws.

(u) The use of trampolines by day care children is prohibited, except for small one person exercise trampolines.

(v) All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

(w) Cleaning materials must be stored in their original containers unless the product’s use or the program’s health care plan indicates that the product be mixed with water before use. In this case, the container used for subsequent use of the mixed product must state the name of the cleaning material contained within. Cleaning materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

(x) Firearms, shotguns and rifles are prohibited at the child care program, except that nothing in this section shall be construed to prohibit a police officer or peace officer, as those terms are defined in section 1.20 of the Criminal Procedure Law, or a security guard, as defined in section 89-f of the General Business Law, from possessing a firearm, shotgun or rifle on the premises for the protection of the child care program. Each child care program shall post signs providing notification of such prohibition that read: "No firearms, shotguns or rifles are permitted on these premises." Such signs, not less than eight and one-half inches by eleven inches, shall be posted in a prominent manner and within reasonable distance of each entrance of the child care program. Such signs shall be distributed by the Office of Children and Family Services.

(y) Protective caps, covers or permanently installed obstructive devices must be used on all electrical outlets that are accessible to children.

(z) All window and door blind cords, ropes, wires and other strangulation hazards must be secured and inaccessible to children.

(aa) The following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for children to swallow.

(ac) Staff and volunteers must take suitable precautions to prevent children from receiving burns caused by contact with hot liquids.