N.Y. Comp. Codes R. & Regs. tit. 18, § 418-2.3 – Building and equipment.

(a) Each applicant must submit to the office at the time of application for registration a diagram of the proposed small day care center.
1. (1) The diagram must be labeled with the planned occupancy or use of all areas of the building and all adjacent outside areas. For the areas to be used for day care, the diagram must specify: the purposes for which space will be used; the number and locations of exits and alternate means of egress; and the outdoor play areas available to the children in care.
2. (2) Whenever change(s), addition(s) or expansion(s) are proposed which will affect, or reasonably may be expected to affect, those portions of the building designated for the care of children or for their egress in case of an emergency, the program must receive written approval from the office prior to initiating such change(s), addition(s), or expansion(s).
3. (3) Child care can only be provided in the areas that have been included in the diagram and approved as child care space.
(b) Areas that will be used by the children must be well-lighted and well-ventilated. Heating, ventilation and lighting equipment must be adequate for the protection of the health of the children.
(c) A temperature of at least 68°F must be maintained in all rooms to be occupied by children.
(d) A firm clean crib, cot, bed or washable padded mat of age appropriate size and construction must be provided for all children requiring a rest period.
(e) All cribs must be in compliance with the safety standards established by the Consumer Product Safety Commission. Stackable cribs are prohibited.
(f) Toxic paints or finishes must not be used on room surfaces, furniture or any other equipment, materials or furnishings which may be used by children or are within their reach.
(g) Peeling or damaged paint or plaster must be repaired.
(h) Concrete floors used by the children must be covered with appropriate material.
(i) Each small day care center must have adequate indoor space for the comfort of the children and to accommodate a variety of activities for the number of children in care.
(j) Readily accessible outdoor play space which is adequate for active play must be provided. Outdoor space may include public parks, school yards or public play areas. A written diagram outlining how children will safely travel to and from this location must be developed and approved by the office.
1. (1) Convenient, adequate and sanitary toilet facilities must be provided for the children in a separate, properly ventilated room readily accessible to children.
2. (2) A functioning, sanitary shower or tub must be available when night care is provided.
3. (3) Adequate and safe water supply and sewage facilities must be provided and must comply with State and local laws. Hot and cold running water must be available and accessible at all times.
(k) Toilet facilities and wash basins.
(l) Space must be provided so that children's personal items may be stored separately.
(m) All buildings used for day care centers must remain in compliance with the applicable provisions of the Fire Code and Building Code of New York State or other applicable fire and building codes when the Fire Code and Building Code of New York State is not applicable.
(n) Buildings, systems and equipment must be kept in good repair and operate as designed.
(o) The building number of the day care program shall be conspicuously displayed and visible from the street.