Staten Island home daycares are licensed by NY OCFS (not NYC): Family Day Care up to 6 children or Group Family Day Care up to 12 with assistant. As-of-right use in R1-R8 zoning districts under NYC Zoning Resolution ยง22-13. Lead paint inspection (Local Law 1/2004) and FDNY compliance required for most programs.
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 โ up to 6 children (ages 6 weeks-12 years), plus 2 additional school-age for limited hours; (2) Group Family Day Care Home โ 7-12 children with a qualified assistant, or up to 16 with two assistants. The NYC Zoning Resolution ยง22-13 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.
Unlicensed operation: OCFS civil penalty $500/day plus Social Services Law ยง390(11) misdemeanor (up to 1 year jail). License suspension for safety violations. NYC Admin Code ยง28-210 illegal use-group change penalties if operating above permitted capacity. DOHMH separate enforcement for unpermitted group programs.
See how Richmond County's home daycare rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.