Saratoga Springs, NY Home Business: Home Daycare (2026)

Home-based childcare in Saratoga County is primarily governed by NY Social Services Law §390, which preempts local zoning bans on family day care. Under §390(12), municipalities cannot prohibit family day care homes (up to 6 children under school age plus 2 school-age) in any residential zone where single-family dwellings are permitted. NY OCFS issues licenses via 18 NYCRR Parts 413-417. Family Day Care: up to 6 children plus 2 school-age, provider + assistant. Group Family Day Care: 7-12 children with assistant required, more stringent space rules (35 sq ft indoor per child, 75 sq ft outdoor). Requirements include: OCFS license application, background checks (fingerprinting through NY DCJS), CPR/first aid certification, fire and health inspections, liability insurance typically $100K-$500K, lead paint compliance for pre-1978 homes (common in Ballston Spa and historic Saratoga Springs), and Medication Administration Training if applicable. Saratoga Springs Zoning Code §240-4.4 permits family day care as accessory use in all residential zones. Clifton Park §208-29(B) requires site plan review for Group Family Day Care. Halfmoon and Malta similarly require special use permits for larger operations. Pickup/drop-off traffic must not disrupt residential streets; Saratoga Springs imposes no specific traffic cap but complaints may trigger review. OCFS inspections occur annually plus unannounced visits.