Bureau of Day Care

Day Care Licensing Highlights

The New York City Department of Health and Mental Hygiene (DOHMH) regulates the care of children up to six years of age in groups outside of their home in order to protect their health, safety, and well being. These regulations are set forth in the New York City Health Code, and they are enforced by the Department's Bureau of Day Care. A DOH permit to operate a day care service is required for all programs with more than six children who are up to six years of age. A special permit is required for day care services with children under two years of age.

Permit requirements include minimum standards for physical space, equipment, program/group size, teacher/child ratios, educational background of teaching personnel and Education director, health examinations and immunizations for the staff and children, food service, admissions policies, and transportation. The code also provides that all day care service personnel be screened. This process includes fingerprinting to permit review of any criminal records, inquiry of the New York State Central Child Abuse and Maltreatment Register, and reference checks with each of the three most recent employers.

The premises must have the written approval of the Fire Department, Buildings Department, and the Bureau of Day Care.

The Bureau provides regular monitoring of day care services to insure continued compliance with the Health Code by visiting the premises with orwithout prior notice. Any violations found must be corrected before a permit can be issued or renewed. It is the role of the Bureau of Day Care to assist programs in maintaining licensure standards during interim periods as well. Please feel free to contact the consultant who will be assigned to your program with any questions you may have between visits.

It is important to maintain contact with the Bureau of Day Care during all stages of the application process.

Responsibilities of the Day Care Service Applicant:

Purpose and Plan:

• • A statement of the purpose for which the day care service will be conducted must be submitted to the Bureau of Day Care. The statement should include, but need to be limited to, a description of indoor and outdoor activities, a plan of discipline and guidance practices, and a statement of the methods of admission to the day care service. A draft of these proposed plans should be prepared for your meeting with the consultant, and the Bureau's approval of the statement will be discussed at that time.

Premises:

• • Building Department Requirements. A Certificate of Occupancy or Letter of No Objection , appropriate for day care, is required for all day care services. Building plans must be submitted to the Buildings Department in your borough, and certification of approval must be submitted to the Bureau upon receipt from the Department of Buildings. You will probably need the services of a registered architect (RA) or a licensed professional engineer (PE) in order to secure approval from the Buildings Department. Information for Day Care Service Operators will provide you with the details of this procedure. It is included in the booklet issued at the 3-hour Preliminary session. Please call the borough office where your center will be located to register for the next available session.
• • Fire Department Requirements. A statement of approval from the Fire Department, which notes that the day care premises meet all applicable laws and regulations pertaining to fire prevention and control, is also required. An affidavit from a registered architect or licensed professional engineer stating that all Fire Department requirements have been met and that the premises are ready for inspection must be submitted to the Bureau of Day Care so that the Bureau may request inspection by the Fire Department. If the Fire Department disapproves the premises inspected, the violations must be corrected and a re-inspection culminating in approval must be made before a permit can be issued. It is the responsibility of the day care service applicant (and not the Bureau of Day Care) to request any necessary re-inspection by the Fire Department. Fire Prevention Requirements for Day Care Service Occupancies lists the details of all requirements. Please note that an internal fire alarm system is required by the Fire Department for programs which serve more than 30 children. This is also included in the booklet issued at the 3-hour Preliminary session.
• • Sketches. Preliminary sketches of indoor premises and outdoor play areas are to be submitted to the Bureau of Day Care for approval. The sketches should include the measurements of the rooms to be used by the children, indication of doors, windows, bathrooms, etc. This information, if available, should be submitted when you and the consultant meet to discuss the plans for your day care site.

Staff:

• • Screening. Section 47.15 of the Health Code requires that the day care service applicant have all current and prospective personnel screened. Screening includes fingerprinting for the purposes of conducting a review of criminal convictions and pending criminal actions, an inquiry of the New York State Central Child Abuse and Maltreatment Register to determine if the individual has been or is the subject of a child abuse and maltreatment report, and reference checks with each employee's three most recent employers.

Health:

• • All children must receive a thorough medical examination within 90 days prior to admission to the day care service, and evidence of at least an annual physical examination is required thereafter. All children must be immunized against diphtheria, pertussis, tetanus (i.e., DPT), polio, measles, mumps, rubella, and have any additional immunizations that the Health Department may require.
• • Children should receive nutritionally balanced snacks and/or meals during the course of their day. If meals are provided by the day care service, a sample of three weeks' menus must be submitted to the Bureau for approval; if meals are brought from home they must be properly stored.
• • Staff members must have initial as well as annual medical examinations, and they must have annual TB tests.

Responsibilities of the Bureau of Day Care:

Purpose and Plan:

• • Upon receipt of the preliminary application, an Early Childhood Education Consultant will be assigned to work with you in order to help you develop and implement plans for the operation of your day care service.

Premises:

• • Buildings Department. The Bureau will review plans for proposed premises and offer free consultation if buildings are to be newly constructed or renovated for day care services. The Bureau must receive a copy of the Buildings Department Certificate of Occupancy for day care or Letter of No Objection from the day care service applicant before the permit can be issued.
• • Fire Department. The Bureau of Day Care notifies the Fire Department to make an inspection of the day care service premises upon receipt of the RA's or PE's affidavit which states that 1) the premises meet all Fire Department requirements and 2) the site is ready for physical inspection. Only the Bureau may request FDNY's initial inspection.
• • The bureau staff inspect facilities to assure compliance with pertinent laws, rules, and regulations governing the areas of day care, food, and general environmental sanitation. The proposed day care service must receive bureau approval before a permit can be issued.
• • Staff, Health, and Equipment. The Bureau of Day Care staff members are responsible for providing consultation and information concerning staff, health, and equipment requirements for your day care service. Early Childhood Education Consultants are available to assist you in developing plans which will comply with the Code.
• • Issuance of a Permit. Upon approval of the site by the Department of Buildings, Fire Department, and bureau staff, and approval of the plan of operations and staff by the Bureau of Day Care, a permit is issued.

Types of Permits:

• • 6 month permit. Issued to the newly-established day care program that has demonstrated compliance with regulations of the Fire, Buildings, and Health Departments. During the program's initial 6 months of operation, it must demonstrate full compliance with the Health Code Article 47. The program must be re-evaluated by the Early Childhood Education Consultant for compliance in order for it to be recommended for either the one-year or two-year permit (whichever is applicable).
• • 1 year permit. Issued to the Infant/Toddler Program for children under 2 years of age that has demonstrated compliance with regulations of the Fire, Buildings, and Health Departments. The program must be re-evaluated for compliance in order to be recommended for permit renewal.
• • 2 year permit. Issued to the pre-school for children ages 2 to 6 years that has demonstrated compliance with regulations of the Fire, Buildings, and Health Department. The program must be re-evaluated for compliance in order for it to be recommended for permit renewal.

Reminders:

• • The permit a Permit Capacity indicating the legal number of children that the Department of Health and Mental Hygiene allows in the day care service at any one time.
• • The permit indicates the floor(s) and room(s) to be used for day care service. Any change in the physical space must be brought to the attention of the Bureau of Day Care and requires an amendment of the permit.
• • The permit is non-transferable from site to site or between day care programs.
• • The permit cannot be bought or sold. As of July 1, 1994, the permit is issued with the following fees: 6 month permit = $100.00, 1 year permit =$100.00, 2 year permit = $200.00
• • As of January 1, 1989, no new day care service can be operated above the third floor.
• • All services which receive their first permit after January 1, 1989 shall have two means of egress. Fire escapes shall not be counted as a means of exit.
• • As of May 1, 1997, no new day care service shall be issued a permit or commence operation where there is lead based paint.

For more information, call 311.