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The information provided on this page is a basic outline of New York Child Care requirements that pertain to the design and construction of Child Care Facilities in the State of New York. This information is a brief synopsis and does not include all of the detailed requirements needed to satisfy the governing authorities for Child Care Licensing, Building Code, Fire Code, Accessibility, or local Zoning. These guidelines are for general information and planning purposes. Contact the governing authority directly or engage a Licensed Architect to complete a full analysis of your school location.

NEW YORK Child Care Licensing Requirements

Child Care license obtained from:

NYS OCFS Division of Child Care Services

South Building, Room 309, 52 Washington Street, Rensselaer, NY 12144-2796

See New York state childcare regulations here

(518) 474-9454

License renewal is required every two years.

Indoor Space Requirements: 35 sf per Child

  

<6 Weeks

6 Weeks –

18 Mos.

18-36 Mos.

3

Years

4

Years

5

Years

6-9

Years

10-12

Years

Required

Teacher:Child Ratio

1:3

1:4

1:5

1:7

1:8

1:9

1:10

1:15

Required

Max. Group Size

6

8

12

18

21

24

20

30

Recommended 

Classroom Capacity

6

8

10

14

16

18

20

30

Recommended 

Staff per Classroom

2

2

2

2

2

2

2

2

Recommended 

Min. Classroom Area

210 sf.

280 sf.

350 sf.

490 sf.

560 sf.

630 sf.

700 sf.

1050 sf.

Outdoor Space Recommendation: 75 sf per Child

  • Ground level play area must be enclosed by a 5′ high climb-proof fence.
  • If the building is permitted to have a child care center on the top floor, then the roof may be considered for a playground.
  • Roof top used as playground must be enclosed with a 10′ high fence with an extension angled 45 degrees inward towards play area.
  • There needs to be two separate means of egress from the roof for evacuation purposes.  The fire escape cannot be considered a means of egress.

Building Code Requirements

child care child toilet child care adult toilet child care drinking fountain child care mop sink child care bath tub

CHILD

FIXTURES

ADULT

FIXTURES

DRINKING FOUNTAINS

MOP

SINK

BATH TUB/

SHOWER

1:​15

1:50

1:100

1

1

2007 Uniform Code

Fire Code Requirements

3

No child care allowed above the third floor.  No infant and toddler care above ground level.

30

Evacuation drills must be conducted at least monthly during the hours of operation.

3,000

One fire extinguisher for every 3,000 square feet of space.

2015 International Fire Code

Did you know . . .

child care no cell phone use The use of electronic devices for personal and social entertainment be caregivers is prohibited. child care on cell phone The use of electronic devices for necessary communications directly related to the childcare program is allowable. child care phone Do not block in-coming calls from parents, representatives of the office or agents of the state or local government during the hours of operation of the center.

To access New York Child Care requirements along with other states please see our interactive Child Care Requirements US map here.

Research completed by Calbert Design Group, LLC.  Updated 2017

New York Childcare Licensing Process

Greetings! Aspiring to kick-start your career in childcare in the vivacious city of New York? Well, you’ve come upon just the right guide for you. Allow us to usher you confidently through the seamless process of obtaining your very own Childcare Provider License. We will walk you alongside every essential step, making it easier than ever for you to realize this noble pursuit of yours.

Let’s embark on the journey together to turn your passion for nurturing young minds into a recognized profession. Welcome aboard to “Step-by-step Guide on How to get a Childcare Provider License in New York”.

Thinking about starting a new career or looking to expand your day-care business in the Big Apple? One of the crucial steps to beginning your journey as a Childcare Provider in the bustling city of New York is to obtain a license. But where does one even begin?

Don’t worry, you’re not alone in your confusion, and we’re here to help guide you through each step of the process.

Step 1: Understand the Licensing Requirements

Before you dive into the application process, you need to understand what it takes to become a legally licensed childcare provider in New York. The New York Department of Health (DOH) and the New York Office of Children and Family Services (OCFS) have specific requirements that you must meet to apply for a Childcare Provider License.

These requirements vary depending on the type of childcare service you wish to provide, whether daycare, group family daycare, or family daycare. Make sure to review these requirements carefully to determine whether you meet the necessary criteria. Thorough understanding right from the start will save you potential confusion and roadblocks in the future.

Step 2: Complete the Orientation Session

Once you’ve familiarized yourself with the licensing requirements, your next step is to attend the mandatory orientation session. These sessions, provided by OCFS, are designed to give you a comprehensive understanding of what it means to be a childcare provider and the rules and regulations you need to follow. Attendance and completion of the orientation session is a prerequisite to applying for your license.

You’ll learn about regulations regarding health and safety, business record maintenance, and the educational environment you’ll be required to provide for the children in your care. These sessions are an excellent opportunity to ask questions and clarify any doubts you might have about becoming a Childcare Provider.

Step 3: Prepare Your Home or Business Space

Next, you need to ensure your home or business space meets the physical environment requirements stipulated by the OCFS. These regulations might involve having adequate activity space for children, meeting local fire safety standards, maintaining separate records and storage for your business, and more.

Don’t skip this vital step in the process. Violations discovered during the inspection process can lead to delays and extra work, so make sure your space is ready and acceptable by New York standards before you submit your application.

Step 4: Complete Your Application and Gather Necessary Documents

Now that you’ve completed the groundwork, it’s time to fill out and submit your application. Information needed could include your personal information, details about your home or facility, the number of children you plan to care for, among others. Be thorough, accurate and honest in your application.

In addition to your application, you’ll need to gather and submit other required documents such as:

  • Proof of completion of the orientation session.
  • Health and safety agreement.
  • Medical statements for all residents of your home.
  • Proof of CPR and First Aid certification.

Don’t forget to double-check your application and all provided documents for accuracy before submission.

Step 5: Submit Your Application and Fee

Once all your documents are gathered and your application filled out correctly, you can submit your application to the DOH or OCFS. Keep in mind that there is an application fee which varies depending on the type of license you’re applying for.

You’ll likely need to submit your application and fee by mail or in person, though some programs may allow online submissions.

Step 6: Home or Facility Inspection

After you submit your application, a representative from your local childcare regulatory agency will contact you to schedule a home or facility inspection. This on-site visit is to verify that your childcare environment complies with all New York State rules and regulations for the chosen type of care service.

During this inspection, they’ll be looking at your space’s safety features, sanitation, space for activities, emergency exits, fire extinguishers, and much more. Being proactive, prepared and cooperative during this visit can go a long way in making a positive impression.

Step 7: Licensing Approval and Ongoing Compliance

If you’ve passed your inspection and met all other licensing requirements, congratulations, you’re well on your way to becoming a licensed childcare provider in New York! Upon approval, your license is usually valid for two to four years. However, acquiring a license isn’t the end – maintain ongoing compliance with state rules and regulations is of utmost importance.

Ongoing compliance involves periodic inspections, proper record keeping, and continued adherence to health and safety regulations. The state may also require ongoing education or training to upkeep your license.

Starting your journey as a childcare provider in New York might seem overwhelming, but with these steps in hand, you’re well-equipped to navigate the licensing process. As you proceed, remember, the ultimate goal is to provide a safe, nurturing, and educational environment for the children entrusted to your care. It’s a tedious process. But, with patience, diligence, and an unswerving commitment to quality care, you can create a rewarding career as a licensed childcare provider in New York.

-This article was written by Rebecca Calbert.

With over 35 years of experience, Rebecca leads the way at Calbert Design Group.  She is dedicated to guiding her clients through the complexities commercial real estate development.   

Discover more of her valuable insights and resources at SaveOnBuilding.com , where Rebecca’s “purpose” is to educate small business owners and protect them them from what they don’t know.  

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