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Islip, NY Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Zoning citation
§ 68-48A(1)(l), Accessory Uses
Family Day-Care Home cap
3-6 children (up to 8 conditionally)
Group Family Day-Care Home cap
7-10 children (up to 12 if all over 2)
Licensing authority
NYS OCFS, Long Island regional office
Standards required
NYS building & health department codes

Summary

Islip allows residential day care as an accessory use in its residential districts under Town Code § 68-48A(1)(l), but only if the provider is licensed and registered by the Long Island regional office of the New York State Office of Children and Family Services and meets state building and health code requirements.

(l) Residential day care. The following regulations shall apply to residential day cares, as defined in § 68-3 of this chapter: [1] Must be licensed and registered by the Long Island regional headquarters of the New York State Office of Children and Family Services (NYS OCFS), who are responsible for registration, licensing and enforcement of residential day cares in Suffolk County. [2] A residential day-care provider must meet all New York State building codes, New York State Health Department Codes, and all New York State Office of Children and Family Services requirements for residential day cares. RESIDENTIAL DAY CARE: (1) Family Day-Care Home, shall mean a program caring for children for more than three hours per day and from three to six children in a residence... (2) Group Family Day-Care Home, shall mean a program caring for children... in a residence for seven to 10 children of all ages, or up to 12 children where all of such children are over two years of age...

Source: NY OCFS Day CareView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4826765; v112 updated 2026-02-24; through 02-24-2026).

Full Breakdown

Section 68-48A(1)(l), the Accessory Uses list for the Residence AAA District, permits 'Residential day care' alongside private garages, home occupations and residential docks, subject to two conditions: the provider 'must be licensed and registered by the Long Island regional headquarters of the New York State Office of Children and Family Services (NYS OCFS), who are responsible for registration, licensing and enforcement of residential day cares in Suffolk County,' and must meet all New York State building codes, Health Department codes, and OCFS requirements. The category is defined in § 68-3 as either a Family Day-Care Home -- caring for three to six children more than three hours a day, or up to seven or eight if no more than six are under school age and OCFS has approved the extra capacity -- or a Group Family Day-Care Home, covering seven to ten children of all ages (or up to twelve if all are over two), with one caregiver required for every two children under two and an assistant mandatory once seven or more children are present.

This is distinct from a 'child day-care center,' which § 68-48A(1)(k) allows only as an accessory use to a church, community building or educational institution, not a private home. Islip itself does not run a separate licensing desk for home day cares -- it leans on the state OCFS process while confirming zoning eligibility as an accessory residential use.

Violations & Fines

Because the town treats residential day care as a permitted accessory use rather than a prohibited one, town-level enforcement is limited to confirming the accessory-use and building-code conditions in § 68-48A(1)(l) are met; a violation of the zoning conditions is punishable under § 68-421 (fine up to $2,000 or 15 days' imprisonment, each day separate). Licensing violations -- operating without OCFS registration or exceeding the state child-count caps -- are enforced by NYS OCFS's Long Island regional office, not the Town.

Frequently Asked Questions

Do I need a town permit to run a home day care in Islip?
Islip's zoning treats residential day care as a permitted accessory use under § 68-48A(1)(l) rather than one needing its own town use permit, but you must be licensed and registered with the NYS Office of Children and Family Services' Long Island regional office, which handles registration, licensing and enforcement for Suffolk County.
How many kids can I care for in an Islip home day care?
It depends on the state-defined category adopted into § 68-3: a Family Day-Care Home covers three to six children (up to eight if no more than six are under school age), while a Group Family Day-Care Home covers seven to ten children of all ages, or up to twelve if all are over two.
What building standards apply to a home day care?
§ 68-48A(1)(l)(2) requires a residential day-care provider to meet all New York State Building Code, New York State Health Department Code, and NYS Office of Children and Family Services requirements -- Islip doesn't layer on separate local building specs for home day cares beyond that.
Is a home day care the same as a 'child day-care center' under Islip zoning?
No. A residential day care under § 68-48A(1)(l) operates inside a home. A 'child day-care center' is a different, § 68-48A(1)(k) accessory use only permitted attached to a church, community building or educational institution -- it can't be sited as a standalone home-based business.

Sources & Official References

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