New York child day care center license: OCFS outside NYC, a city permit inside

Two regulators, split at the New York City line

New York runs two separate systems for center-based child care, and your address decides which one applies. Social Services Law 390 is the statute behind OCFS child care licensing. It says that, apart from subdivision 15 (pickup procedures), the section “shall not apply to child day care centers in the city of New York” ⁠¹. Inside the five boroughs, the NYC Department of Health and Mental Hygiene (DOHMH) permits centers under Article 47 of the city Health Code. Everywhere else, OCFS licenses or registers them under 18 NYCRR Part 418 ⁠¹⁠⁸⁠³.

The subdivision 15 rule does reach NYC centers. Every center in the state must have written procedures for when a parent or guardian cannot pick up a child, including because of immigration detention ⁠¹.

OCFS’s own start-up page sends prospective NYC center operators to the city Health Department’s Bureau of Day Care (311) ⁠⁵. If you plan to operate in both, for example one site in Westchester and one in the Bronx, expect two applications, two inspection regimes and two sets of staffing rules.

Which approval fits your program

The statute defines a child day care center as a program caring for children for more than three hours per day per child. That excludes group family day care homes, family day care homes and school-age programs ⁠¹. The size of the program then sets the approval you need outside NYC:

Scroll the table sideways to see every column.

The table draws on SSL 390 ⁠¹. Care in your own residence is family or group family day care, not a center. See New York family day care registration.

In NYC, the trigger is different. DOHMH defines a group child care (center-based) program as care for three or more children under 6 years of age, five or more hours per week, for more than 30 days in a 12-month period, primarily in non-residential space ⁠⁷. Article 47 excludes several programs from that definition ⁠⁸:

• state-regulated family and group family day care homes and school-age programs
• pre-K and kindergarten classes inside an elementary school, unless the school cares for children under three
• “mommy and me” programs
• Article 48 camps
• drop-in care while parents are on the premises, unless children are enrolled and spend more than eight hours a week there
• care by a congregation during religious services

Outside NYC: the OCFS license, step by step

OCFS does not hand out application packets on request. Its start-up page says you get the application by taking the Child Day Care Orientation ⁠⁵. The regulation backs this up: before OCFS issues a center application to anyone who does not already hold a day care license or registration, the applicant must complete an OCFS-approved pre-application orientation ⁠³. Regional offices supply application materials and explain the process ⁠⁵. Center and school-age applications move through OCFS’s Facility Application Management System (FAMS), its online licensing system ⁠⁶.

1. Complete the orientation. This opens access to the application. Small-center applicants face the same requirement under 418-2.14(a) ⁠⁵⁠⁴.
2. Line up local approvals first. Many required documents must be dated within the 12 months before you apply: a certificate of occupancy or equivalent fire and building code approval for use as a day care center, a local health office or Department of Health inspection, and a water test if you use a private well. You also need zoning documentation where a zoning authority exists ⁠³.
3. Get the building systems documented. Fire alarm and detection systems must be inspected by service personnel licensed by the Department of State. You also need fire suppression testing records and either a Department of Labor (or licensed insurer) boiler inspection or a heating contractor’s service record ⁠³.
4. Assemble the 27-item application. Subpart 418-1.2(a) lists everything that goes in ⁠³:
   • the floor diagram
   • a program description
   • an emergency plan and evacuation diagram
   • a health care plan
   • four weeks of menus signed by a person qualified in nutrition, or a Child and Adult Care Food Program approval letter
   • personnel, supervision and background-review policies
   • a training plan
   • an environmental hazard certification (dry cleaners, gas stations and Superfund sites are named examples)
   • child support and workers’ compensation certifications
   • a sworn statement about criminal convictions, plus fingerprints
   • Statewide Central Register and Justice Center screening forms
   • an insurance certificate showing the intent to provide general liability insurance on licensure
   • an assumed-name certificate if you use a business name
   • an email address for the director
5. Meet the 90-day clock. OCFS accepts an application only once it reaches the agency’s “minimum threshold” of information. After acceptance, all remaining items are due within 90 days. Missing that deadline counts as withdrawing the application ⁠³.
6. Fingerprint staff only after OCFS confirms receipt. OCFS warns that staff cannot be fingerprinted until your regulator emails you that the application has arrived ⁠⁵.
7. Pass the pre-licensing inspection. No license issues until an inspection shows compliance with the subpart and the statute ⁠³⁠¹. OCFS publishes the Day Care Center inspection checklist its regulators use ⁠⁶.

Centers inside public school buildings used for state-approved education skip the certificate of occupancy, building systems and environmental items, numbered (2) through (9). Instead they submit the State Education Department certificate of occupancy ⁠³.

Neither SSL 390 nor Subpart 418-1 as read sets an application or license fee for centers. Ask your OCFS regional office whether any local charges apply, such as building or health inspections.

OCFS space, building and fire rules

The diagram you submit is binding. It must show room dimensions, the age group and group size for each room, bathrooms, exits, alternate egress, plumbing fixtures and the outdoor play area. You may provide care only in the spaces shown on the approved diagram. Any change affecting child-care space or egress needs written OCFS approval first, and so does moving a classroom to a different age group ⁠³.

The table draws on Subparts 418-1.3 and 418-1.4 ⁠³. Fuel-burning heating equipment not covered by Department of Labor boiler rules must be serviced by a heating contractor every 24 months. Boiler rooms need at least one-hour fire-resistant construction ⁠³. If you plan night care, you also need a working shower or tub ⁠³.

OCFS ratios and group sizes

Subpart 418-1.8 sets both a teacher/child ratio and a maximum group size for each age band ⁠³:

The mixing rules shape how you staff opening and closing hours ⁠³:

• Infants may never be grouped with other ages, except in an OCFS-approved continuity-of-care classroom, which may combine children from 6 weeks to 36 months.
• Children under three join mixed-age groups only at the very beginning and end of the day.
• A combined group of 3- to 5-year-olds follows the ratio for the age of the majority.
• School-age children may never be mixed with children under three.
• Nobody under 18 may be left alone with a group, even in an emergency.
• Caring for a child younger than six weeks needs written OCFS approval for that specific child.

OCFS director and teacher qualifications

Every center needs a person qualified as director to carry out supervision. Licensed capacity matters here. Below 45 children, a group teacher or assistant teacher who meets the director qualifications may also handle administration and supervision. At 45 or more, those functions cannot be done by teaching staff ⁠³.

The qualifications come from 418-1.13(g) ⁠³. Staff on a plan of study must show progress at least once a year, and no staff member may be younger than 16 ⁠³. Every applicant for a staff or volunteer position provides an employment history and two non-relative references. Each also goes through fingerprinting, a Statewide Central Register check and a Justice Center check ⁠³.

Training requirements come from both statute and regulation ⁠²⁠³:

• OCFS-approved health and safety training, before starting work or within three months.
• 30 hours every two years for each staff member and volunteer, with 15 of those hours in the first six months.
• At least 5 hours every year.
• The topics set by SSL 390-a, which include shaken baby syndrome and adverse childhood experiences.

Training completed within 12 months before licensure counts toward the first 15 hours ⁠³. At least one person with CPR and first aid certification must be on site whenever the center is open. Those certifications must fit the ages in care and include an in-person skills component ⁠²⁠³.

Small day care centers (3 to 6 children)

The small day care center registration under Subpart 418-2 suits a founder who wants a non-residential site but a very small enrollment. Its rules are lighter but specific ⁠⁴:

• Ratio. One provider may care for five children aged six weeks to twelve years, or six children aged two to twelve years.
• Who provides care. The provider must be the primary caregiver. Absences of more than 3 consecutive days must be reported to OCFS in advance. With written approval, an approved assistant may stand in for up to 30 cumulative days a year.
• Caregiver qualifications. Caregivers must be at least 18. They need two years of experience with children under six, or one year plus six hours of early childhood training. Each also needs two non-relative references and a medical statement, and nobody counts as approved until OCFS says so in writing.
• Space. The rule asks for “adequate indoor space” without a square-footage figure, plus outdoor play space (a park is allowed with an approved travel diagram), a minimum of 68°F and monthly evacuation drills.
• Training and term. Small centers have the same pre-application orientation and the same 30-hour training cycle. Registrations run up to four years and cannot be transferred.

Inside NYC: the Group Child Care permit

DOHMH’s flowchart sets the order ⁠⁹⁠¹¹:

1. Attend the pre-permit orientation. Article 47 requires first-time applicants to attend before applying. NYC Business says the sessions are held at borough offices ⁠⁸⁠¹¹.
2. Request a site viability inspection. The Health Department checks whether the proposed site can work before you invest in plans ⁠⁹.
3. Submit through MyCity. The submission covers the architectural plan, lead paint and lead-in-water test results, the application and forms, and Department of Buildings and FDNY approvals. Article 47 adds more ⁠⁸⁠⁹:
   • a scaled pre-permit technical plan
   • the certificate of occupancy
   • the FDNY fire safety statement
   • a written safety plan
   • verified staff credentials and health exams
   • proof that at least one staff member holds pediatric CPR and first aid
   • workers’ compensation and disability insurance
   • the names and NYSID numbers of owners, officers and directors
4. Clear background checks. The education director and core classroom staff need full background checks. Staff may work before clearance only under continuous supervision by a cleared staff member ⁠⁹⁠⁸.
5. Inspection and permit. NYC Business says the Bureau of Child Care contacts you within 10 business days to arrange inspection ⁠¹¹.

Before applying, NYC Business also tells you to get a food protection certificate and pay any outstanding fines ⁠¹¹. A center does not need a separate food service permit. It does need a food service supervisor holding a food protection certificate on site during food activities ⁠⁸.

As published on NYC Business on 2026-10-12, the fees are a $200 Group Child Care application, a $114 Food Protection Course and $110 for fingerprinting (money order only) ⁠¹¹. Article 47 sets the permit term at up to two years. Permits are not transferable, and infant/toddler programs, programs for ages two through five, and night programs each need a separate permit ⁠⁸. A change of address, capacity or permittee without approval voids the permit. Renewal applications are due no later than 60 days before expiration, after an inspection of the program while it is running ⁠⁸⁠¹⁰.

NYC staffing, ratios and building rules

The ratios come from Article 47; the option to raise the 3-year-old group to 17 by hardship modification comes from DOHMH’s revision summary ⁠⁸⁠¹³.

NYC’s credential bar is higher than OCFS’s ⁠⁸:

• Education director. Needs a bachelor’s degree in early childhood education or a related field, two years as a group teacher of children under six, and New York State teacher certification under 8 NYCRR Part 80. Pending certification is allowed for at most six months. The director must be on site at least 8 hours a day during core hours, may cover at most two co-located programs of the same entity, and may not teach when attendance exceeds 40 children.
• Group teacher. Needs a bachelor’s degree with state certification, a bachelor’s degree with two years of supervised experience, or an approved study plan finished within seven years.
• Assistant teacher. Must be 18 or older with a high school diploma or GED.
• Infant/toddler programs. Have alternative routes, such as a group teacher aged 21 or older with an associate’s degree, or a CDA with a study plan.

The August 2025 amendments, effective immediately, loosened several staffing rules ⁠⁸⁠¹²:

• Directors need only be on site during core hours, except that programs open 8 hours or less need one present at all times.
• The pool of director designees is wider.
• Assistants and aides may cover a group teacher’s classroom for up to 5 days.
• Infant/toddler-qualified teachers may lead preschool classrooms for children who enrolled before age three.

Building rules in Article 47 often decide whether a site is viable ⁠⁸:

• Space. 30 square feet of wall-to-wall space per child. Capacity is also capped by the certificate of occupancy, and every child on the premises counts toward it.
• Egress and floor level. Two means of egress, and fire escapes do not count. No use of rooms above the third floor for programs first permitted after January 1, 1989. New infant/toddler programs (first permitted on or after September 1, 2008) are limited to the first floor.
• Fire protection. A fire alarm system for every new permit, sprinklers for new infant/toddler permits and monthly fire drills.
• Plumbing and water. One toilet and one sink per 15 children aged 24 months and up, and lead-in-water testing within 60 days of a new permit and every five years after.
• Outdoor play. Fenced to at least 5 feet.

Training in NYC follows Article 47 ⁠⁸:

• Pediatric CPR and first aid before staff start work, renewed every two years.
• Child abuse training from an OCFS-certified trainer within 3 months of hire, then every 24 months.
• 15 hours of training every 24 months for teaching staff, at least 5 in each 12-month period.

Staff and volunteers must show proof of measles, mumps, rubella, varicella and Tdap vaccination. Children can no longer claim religious exemptions from vaccination ⁠¹³.

From July 1, 2026, NYC enforces posting of the inspection performance summary card. The card must hang within 2 feet of the main entrance, at 4 to 6 feet off the ground, and a summons for not posting it carries a $500 fine ⁠¹⁰⁠¹⁴.

Inspections, term and renewal

OCFS must inspect every child day care program each year and may visit announced or unannounced. Complaints are inspected within 15 days, or by the next day of operation when a child may be in imminent danger ⁠¹.

An OCFS license is issued for up to four years ⁠³. The statute extends that to up to six years from June 5, 2027, as long as the program stays substantially in compliance ⁠¹. Renewal paperwork is due at least 60 days before the license expires. It includes fresh health, fire alarm, suppression and heating inspections, proof of training compliance, and the general liability policy itself, not just a certificate ⁠³.

A change of owner or address means a new application, not an amendment. Adding a shift needs OCFS’s written approval first ⁠³.

In NYC, Early Childhood Education Consultants and Public Health Sanitarians inspect at least once a year ⁠⁸⁠¹¹.

What to confirm with the agency

The OCFS rules above are the Subpart 418-1 and 418-2 text that the official NYCRR compilation shows as current through September 30, 2021. Before you build out a site, ask your OCFS regional office to confirm two things: whether any amendment since then changed the ratios, qualifications or application list, and the current orientation format ⁠³⁠⁴⁠⁵. In NYC, ask the Bureau of Child Care whether the $200 application fee applies to each permit when one site needs both an infant/toddler and a preschool permit ⁠¹¹⁠⁸.

For other New York care licenses, see the New York state hub, assisted living residence license and licensed home care services agency license.

Sources

1. 1
   New York State Senate, Social Services Law section 390, child day care; license or registration required Checked 12 Oct 2026 · Back to text ↑
2. 2
   New York State Senate, Social Services Law section 390-A, standards for child day care Checked 12 Oct 2026 · Back to text ↑
3. 3
   New York State Office of Children and Family Services, 18 NYCRR Subpart 418-1, Child Day Care Centers (OCFS compilation; text also in the NYCRR) Checked 12 Oct 2026 · Back to text ↑
4. 4
   New York State Office of Children and Family Services, 18 NYCRR Subpart 418-2, Small Day Care Centers (OCFS compilation; text also in the NYCRR) Checked 12 Oct 2026 · Back to text ↑
5. 5
   New York State Office of Children and Family Services, Starting a Child Care Program Checked 12 Oct 2026 · Back to text ↑
6. 6
   New York State Office of Children and Family Services, Information for Providers Checked 12 Oct 2026 · Back to text ↑
7. 7
   NYC Department of Health and Mental Hygiene, Child Care (permits and licenses for children and adolescents) Checked 12 Oct 2026 · Back to text ↑
8. 8
   NYC Department of Health and Mental Hygiene, New York City Health Code Article 47, Child Care (amended 8/13/25) Checked 12 Oct 2026 · Back to text ↑
9. 9
   NYC Department of Health and Mental Hygiene, Child Care Permit Flowchart Checked 12 Oct 2026 · Back to text ↑
10. 10
    NYC Department of Health and Mental Hygiene, Child Care: Center-Based Programs Checked 12 Oct 2026 · Back to text ↑
11. 11
    NYC Business (City of New York), Group Child Care Center-Based Permit Checked 12 Oct 2026 · Back to text ↑
12. 12
    NYC Department of Health and Mental Hygiene, Staffing Flexibility for Group Child Care Checked 12 Oct 2026 · Back to text ↑
13. 13
    NYC Department of Health and Mental Hygiene, Summary of Article 47 Revisions Checked 12 Oct 2026 · Back to text ↑
14. 14
    NYC Department of Health and Mental Hygiene, Child Care Performance Summary Card FAQ Checked 12 Oct 2026 · Back to text ↑

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