Bureau of Child Care

Child Care Permitting 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 Child Care. A DOH permit to operate a child care service is required for all programs with more than three children who are up to six years of age. A special permit is required for child 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 the education director, health examinations and immunizations for the staff and children, food service, admissions policies, and transportation. The code also provides that all child 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 site for a group child care service must have the written approval of the Fire Department, Buildings Department, and the Bureau of of Child Care.

The Bureau regularly inspectschild care services to monitor compliance with the New York City Health Code. Inspectors are unannounced. Violations cited during an inspection must be corrected either immediately or between two and four weeks, depending on the type of violation. A child care service cannot obtain a new or renewed permit until all violations have been corrected. The Bureau assigns an Early Childhood Education Consultant to each child care service to assist with your program with any questions, issues or concerns that may arise before, during or after an inspection.

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

Responsibilities of the Child Care Service Applicant:

Purpose and Plan:

• • A child care service must submit a statement of about the type of program that will be conducted to the Bureau of Child 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 child 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 child care, is required for all child 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 Child 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 service will be located to register for the next available session.
  
• • Fire Department Requirements. A statement of approval from the Fire Department that notes that the child care site meets 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 site is ready for inspection must be submitted to the Bureau of Child Care so that the Bureau may request inspection by the Fire Department. If the Fire Department disapproves the site, the violations must be corrected and the Fire Department must reinspect and approve it culminating in approval must be made before a permit can be issued. It is the responsibility of the child care service applicant (and not the Bureau of Child Care) to request re-inspection by the Fire Department. Fire Prevention Requirements for Child Care Service Occupancies lists the details of all requirements. Please note that an internal fire alarm system is required by the Fire Department for services that enroll more than 30 children. This also is included in the booklet issued at the 3-hour Preliminary session.
  
• • Sketches. Preliminary sketches of site's layoutand outdoor play areas mustbe submitted to the Bureau of Child 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 child care site.

Staff:

• • Screening. Section 47.15 of the Health Code requires that the child 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 child 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 child 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 Child 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 child care service.

Premises:

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

Reminders:

• • The permit contains a number indicating the approved capacity (number of children) that the Department of Health and Mental Hygiene has allowed for the child care service at any one time.
  
  
• • The permit indicates the floor(s) and room(s) to be used for child care service. Any change in the physical space must be brought to the attention of the Bureau of Child Care and requires an amendment of the permit.
  
• • The permit is non-transferable from site to site or between child 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 child 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 child care service shall be issued a permit or commence operation where there is lead based paint.

For more information, call 311.