Richmond County Home Business: Home Daycare Rules (2026)

Home-based childcare in Richmond County is dual-regulated by the New York State Office of Children and Family Services (OCFS) under Social Services Law Article 6 Title 1 and 18 NYCRR Parts 416-418, plus NYC zoning and building codes. License types: (1) Family Day Care Home — up to 6 children (ages 6 weeks-12 years), plus 2 additional school-age for limited hours; (2) Group Family Day Care Home — 7-12 children with a qualified assistant, or up to 16 with two assistants. The NYC Zoning Resolution §22-13 permits 'family day care' as an as-of-right home occupation in all residential districts including Staten Island's predominant R1-R3 detached home zones; group family day care may require a Community Facility classification. OCFS conducts unannounced inspections at least twice per licensing cycle. Requirements include: CPR/First Aid and 15-30 hours of annual training, Statewide Central Register and criminal background clearance for all adults in the home, NYC Local Law 1 of 2004 lead paint inspection for buildings pre-1960 with children under 6, FDNY/DOB egress and smoke alarm compliance, and a NYC Department of Health and Mental Hygiene (DOHMH) permit if the program serves children in a Group setting that qualifies as a day care center. Liability insurance of $100K/$300K minimum is strongly recommended; many carriers require it. Outdoor play space standard: 60 sq ft per child if provided on-site. Drop-off traffic must not violate DOT street rules.