Buffalo home-based daycare is governed by NY State OCFS licensing. Family day care (up to 8 children) and group family day care (up to 16 children) require state registration or licensing. Local Buffalo zoning permits home daycare in residential districts as an accessory use.
Home-based child care in Buffalo falls under NY State Social Services Law and OCFS regulations (18 NYCRR Parts 416 and 417). Family Day Care covers up to 8 children and requires OCFS registration. Group Family Day Care covers up to 12-16 children and requires OCFS licensing plus an assistant caregiver. Buffalo Code Chapter 511 (Zoning) treats licensed home daycare as a permitted accessory use in residential zones. Operators must pass background checks, maintain CPR/first aid certification, provide immunization records, and pass fire safety inspections by Buffalo Fire Department. Annual inspection by OCFS is required. Signage beyond standard home occupation rules (non-illuminated, under 2 sq ft) is restricted.
Operating without OCFS registration is a Class A misdemeanor. Civil penalties up to 500 dollars per day. Buffalo zoning violations carry fines from 50 to 250 dollars.
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