New York Childcare Licensing
New York Childcare Square Footage Requirements (2026)
Indoor activity space is a measured New York licensing requirement: a center's licensed capacity is capped by the usable indoor square footage available per child. For child day care centers, preschool and school-age children must be accommodated in rooms providing a minimum of 35 square feet of usable space per child, excluding areas used for large-motor activity, staff lounges, storage, halls, bathrooms, kitchens, and offices (18 NYCRR 418-1.3(q)(3)-(4)); family day care homes have only a qualitative "adequate indoor space" standard (18 NYCRR 417.3(j)), and outdoor space for both must be "adequate for active play" with no statewide per-child square-foot minimum (18 NYCRR 418-1.3(k); 417.3(k)).
Licensing Agency
New York State Office of Children and Family Services →Last updated: April 2026
Researched by the TotReady Research TeamNew York Square Footage Requirements: The Specifics
For child day care centers, preschool and school-age children must be accommodated in rooms providing a minimum of 35 square feet of usable space per child, excluding areas used for large-motor activity, staff lounges, storage, halls, bathrooms, kitchens, and offices (18 NYCRR 418-1.3(q)(3)-(4))
18 NYCRR 418-1.3(q)(3)-(4)
family day care homes have only a qualitative "adequate indoor space" standard (18 NYCRR 417.3(j)), and outdoor space for both must be "adequate for active play" with no statewide per-child square-foot minimum (18 NYCRR 418-1.3(k)
18 NYCRR 417.3(j)
A New York family day care home may care for a maximum of six children younger than school age, or eight children when at least two of the eight are school-aged, and must have at least one caregiver present for every two children under age two (18 NYCRR 417.8(j))
18 NYCRR 417.8(j)
a group family day care home may care for 7 to 12 children, or up to 16 children when up to 4 additional school-age children attend only when school is not in session and an assistant is present (18 NYCRR 413.2
18 NYCRR 413.2
New York sets per-age-band maximum group sizes for child day care centers in addition to staff:child ratios: infants under 6 weeks ratio 1:3 / max group 6
18 NYCRR 418-1.8
infants 6 weeks to 18 months 1:4 / max 8
18 NYCRR 418-1.8
toddlers 18-36 months 1:5 / max 12
18 NYCRR 418-1.8
three-year-olds 1:7 / max 18
18 NYCRR 418-1.8
four-year-olds 1:8 / max 21
18 NYCRR 418-1.8
five-year-olds 1:9 / max 24
18 NYCRR 418-1.8
school-age through 9 years 1:10 / max 20
18 NYCRR 418-1.8
school-age 10-12 years 1:15 / max 30 (18 NYCRR 418-1.8).
18 NYCRR 418-1.8
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New York Square Footage Requirements: Frequently Asked Questions
How much indoor space per child does New York require?
For child day care centers, preschool and school-age children must be accommodated in rooms providing a minimum of 35 square feet of usable space per child, excluding areas used for large-motor activity, staff lounges, storage, halls, bathrooms, kitchens, and offices (18 NYCRR 418-1.3(q)(3)-(4)); family day care homes have only a qualitative "adequate indoor space" standard (18 NYCRR 417.3(j)), and outdoor space for both must be "adequate for active play" with no statewide per-child square-foot minimum (18 NYCRR 418-1.3(k); 417.3(k)).
Does New York require outdoor play space too?
For child day care centers, preschool and school-age children must be accommodated in rooms providing a minimum of 35 square feet of usable space per child, excluding areas used for large-motor activity, staff lounges, storage, halls, bathrooms, kitchens, and offices (18 NYCRR 418-1.3(q)(3)-(4)); family day care homes have only a qualitative "adequate indoor space" standard (18 NYCRR 417.3(j)), and outdoor space for both must be "adequate for active play" with no statewide per-child square-foot minimum (18 NYCRR 418-1.3(k); 417.3(k)).
What space is excluded when calculating capacity in New York?
Most states exclude hallways, bathrooms, kitchens, offices, and storage from the usable indoor activity space used to compute capacity. Confirm the exact exclusions in the cited New York rule above.
New York childcare licensing rules are amended regularly. This page is compiled from published New York administrative codes and statutes for informational purposes only — always verify current requirements with the New York State Office of Children and Family Services before relying on them. TotReady provides information and document templates, not legal or regulatory advice.