Albany, NY Building Safety: Childcare Center Rules (2026)
Key Facts
- Licensing threshold
- 3+ children, 3+ hrs/day
- Licensing agency
- NYS Office of Children & Family Services
- CUP required in
- R-1L, R-1M, R-2, R-T districts
- CUP limited to
- buildings built for nonresidential use
- Elsewhere
- permitted by right in mixed-use zones
Summary
Albany's zoning code defines a day-care center as care for three or more people over three hours daily, requiring New York OCFS licensing, and restricts placement to a Conditional Use Permit in the city's lowest-density residential districts.
A facility providing supervised care, preschool, and/or activities other than in an occupied dwelling to three or more individuals for more than three hours a day. Any facility providing day care for three or more children must be licensed by the New York State Office of Children and Family Services. DAY-CARE HOME A program providing day care to no more than the maximum number of individuals allowed under the New York State Social Services Law in an occupied dwelling. The day-care provider is not required to reside in the house, as long as someone occupies it as a dwelling. Any day-care program to which this definition does not apply in every respect shall be considered a day-care center. Any facility providing day care for three or more children must be licensed by or registered with the New York State Office of Children and Family Services. DELIVERY SERVICE Any business supplying delivery service via company or employee vehicles. DEMOLITION Any intentional defacement, destruction, and/or other action that would cause partial or total destruction of the physical elements of a structure. DESIGN CAPACITY OR OCCUPANCY The maximum number of people that the Fire Code will allow to occupy a structure. DEVELOPABLE LOT A lot or parcel of land that has the required minimum area, width and depth as established by the zoning district in which it is located. DEVELOPER Any person, entity, or governmental agency, undertaking development. DEVELOPMENT
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).
Full Breakdown
The Unified Sustainable Development Ordinance defines DAY-CARE CENTER as supervised care, preschool, or activities outside an occupied dwelling for three or more people more than three hours a day, and requires any facility caring for three or more children to be licensed by the New York State Office of Children and Family Services. A smaller DAY-CARE HOME operating inside an occupied dwelling, within the state's household cap, is exempt from the center classification. Table 375.302.1's Permitted Use Table lists day-care center as a Conditional Use in the R-1L, R-1M, R-2 and R-T residential districts, and a footnote limits that conditional placement to buildings originally designed for nonresidential use; the use is permitted by right in most of Albany's mixed-use districts.
Violations & Fines
Operating an unlicensed day-care center for three or more children violates NY Social Services Law and can trigger OCFS enforcement; placing one without a required Conditional Use Permit violates Albany's zoning ordinance and draws Buildings Department enforcement.
Frequently Asked Questions
Does my in-home day care need an Albany permit?
Where can I open a day-care center in Albany?
Sources & Official References
Other rules in Albany
New York rules heatmap·Compare Albany to another location·View the New York building safety overview
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