New York, NY Building Safety: Childcare Center Rules (2026)
Key Facts
- Exit trigger
- More than 10 children needs two exits
- Single-exit cap
- Max 10 children with one exit
- Occupancy class
- Group E day care facilities
- Enforcement
- NYC Department of Buildings (DOB)
Summary
New York City's Building Code requires day care facilities in Group E occupancies caring for more than 10 children to have at least two separate exits, on top of the standard maximum occupant load of 10 per room without them.
Day care facilities, rooms or spaces that are classified under Occupancy Group E providing care for more than 10 children shall have access to not less than two exits or exit access doorways.
Full Breakdown
NYC's Building Code (Title 28) sets a hard trigger enforced by the Department of Buildings: any day care room or space classified under Occupancy Group E that serves more than 10 children must have access to two separate exits or exit access doorways, per Section 1006.2.2.4. Below that threshold, a single exit is permitted but the space is capped at a maximum occupant load of 10 under Table 1006.2.1, footnote f. DOB inspectors check this during plan review and certificate-of-occupancy approval for any facility seeking to operate as a licensed child care center.
Violations & Fines
Operating a day care room over 10 children with only one exit violates NYC Building Code § 1006.2.2.4. DOB can issue a stop-work or vacate order and deny the certificate of occupancy.
Frequently Asked Questions
How many exits does a NYC day care need?
Which agency enforces day care exit rules in NYC?
Sources & Official References
Other rules in New York
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