Daycare centers abound in New York, with all the working moms and dads out there, it is inevitable to have someone else care for your child while you work to provide for your baby’s needs. A daycare provides the necessary care for a child during working hours within a “qualified space.” These centers can be located within homes or a daycare facility whilst some employers provide these for their employees at or at the very least near their place of work. The Building Code of New York doesn’t govern daycare programs but as part of their licensing requirement, compliance with the Code is necessary.
New York City Health Code And Social Services Law
The NYC Health and Social Services regulate most child care services including day cares and Article 47 of the Health Code outlines the requirements for such services. Programs that provide child care for not less than 5 hours a day for more than 30 days annually to 3 or more children under 6 years old in a facility outside the child’s actual residence defines child care services.
On the other hand, section 390 of the NYS SSL outlines the requirements for family or group-family day care which are provided in residences. Applications to the NYC Dept of Health and Mental Hygiene or the DOHMH and the NYS Office of Children and Family Services or the NYS OCFS need to be applied for separately and is required for one to be given a license to provide for child care service. Licensed Daycare Programs are found within buildings or areas that comply with the City’s Building and Fire Codes, respectively.
New York City Construction Codes
The Building Code doesn’t directly govern daycare programs but the areas or buildings that will house Daycare centers need to comply with building and construction codes as applicable to the place of business. If the C of O of the building doesn’t give provision for a daycare service to be installed or if alterations or new constructions will be completed then a change of use on the occupancy certificate needs to be filed with the department. NYC Zoning resolutions need also to be put into consideration. Keep in mind the various zoning rules that daycare centers fall under. Daycare centers are classified as a ‘school’ when their operations fall under section 47.03 of the NYC Health Code and will use Zoning Use Group 3, whilst daycares that fall under “community facility” use like those that are located in community halls or churches may use Zoning Use Group 4 and Zoning Use Group 6 may be used if the daycare falls under a “privately owned business with the exception of those operated in residences which may then be filed as an accessory use to the residence in question.
This code note is only a general overview of the requirements for such types of work. You may find that there are other additional provisions, applicable building or construction code, zoning resolutions, multiple dwelling provisions as well as energy code requirement when undergoing such constructions. Please refer to your nearest borough office for a more thorough information, better yet, contact us for more information and easier handling.
