N.Y. Comp. Codes R. & Regs. tit. 15 § 138.8

Current through Register Vol. 46, No. 36, September 4, 2024

Section 138.8 - Classroom facilities

(a) A delivery agency approved by a sponsoring agency must provide a classroom which is clean, adequately lighted, heated, ventilated and free from visible and/or audible distractions. Adequate rest room facilities must be available to all students. Classrooms must have adequate seating facilities for the maximum number of students enrolled in any such course with no classroom having a seating capacity for fewer than 10 students. The classroom must be equipped with fully functional audio/visual equipment which is clearly visible from all seating areas.

(b) In no case shall any class have more than 40 enrolled students.

(c) Each classroom must have at least 15 square feet of open floor space available per enrolled student.

(d) A delivery agency must have the address of each classroom on file with its sponsoring agency who will make this information available to the department upon request. No delivery agency may change class locations or hold any class without prior approval of the sponsor, in accordance with this section.

(e) Classroom facilities must be free from interference or distractions to instruction and closed to the general public.

(f) Classrooms must comply with all applicable local fire, sanitation and building requirements.

(g) To the extent required by the Americans with Disabilities Act (ADA), the course must be available to any qualified handicapped individual, as defined by the ADA, seeking access to the program.

(h) No classroom shall be approved by a sponsoring agency where the place of business is conducted in any nontraditional classroom location (such as a house, trailer, bar or grill, personal residence, residence room in a hotel, restaurant, diner, billiard hall, bowling alley, gasoline station, garage, tour bus, comedy club, or strip club). A sponsoring agency may consult with the department before approving a classroom location, when a question arises as to what is a suitable facility for conducting an accident prevention course.

(i) The instructor's full name, delivery agency name, telephone and code number, sponsoring agency name and telephone number shall be prominently displayed in the classroom during class time.

(j) No delivery agency classroom shall be approved by a sponsoring agency if it is within a building owned or leased by the State or county in which motor vehicle registrations or licenses to drive motor vehicles are issued to the public.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 138.8