Childcare centers in NYC must follow Health Code Article 47 plus Building Code Chapter 3 Group E or I-4 occupancy rules, requiring DOHMH permits, fire egress, lead-paint clearance, and DOB sign-offs before any state OCFS license can be issued.
Article 47 of the New York City Health Code, enforced by the Department of Health and Mental Hygiene, sets standards for group child-care services serving children under six. Centers must obtain a DOHMH permit, pass a Building Code review under section 305 (Group E) or 308 (Group I-4 for children under 2.5 years), and meet Local Law 1 of 2004 lead-paint clearance plus annual environmental inspection. Outdoor play space, staff-to-child ratios, immunization tracking, and emergency-egress drills are all part of Article 47 compliance. State licensing through OCFS Title 18 NYCRR Part 418 runs parallel for centers caring for children outside the Article 47 footprint.
Operating without an Article 47 permit violates Health Code section 3.11 and triggers fines up to $2,000 per day plus closure orders. Building Code occupancy violations carry separate $25,000 civil penalties under Admin Code section 28-202.1 and possible vacate orders.
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