Amendment to Child Care Programs and Family Shelter-Based Drop-off Child Supervision Programs (Article 47 of the NYC Health Code)

Adopted Rules: Closed to Comments

Effective Date: 
Monday, January 27, 2020
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose


The New York City Board of Health is amending Article 47 of the New York City Health Code .  These amendments align the Health Code with recent legislative changes to the New York State (“NYS”) Public Health Law and the New York City (“NYC”) Administrative Code.  On June 13, 2019, NYS Public Health Law § 2164 was amended to remove the exemption from childhood immunization requirements due to religious beliefs.  Article 47 (§ 47.25) of the Health Code is being amended to incorporate this change.  On March 13, 2019, the NYC Council passed multiple amendments to the NYC Administrative Code, which among other things, updated the requirements for conducting an annual survey for lead-based paint hazards for all day care services (See Local Laws 64, 66, 67 and 71 of 2019).  As per Local Law 64 of 2019, “day care service” means “a program or service regulated by articles 43 and 47 of the New York city health code.”  Accordingly, Article 47 (§47.63) of the Health Code is being amended to incorporate these updated annual survey requirements. Changes to the Health Code are also being made in response to other recent state legislation prohibiting use of crib bumper pads and to require anchors for furniture that could topple over.  Other Health Code amendments have been made to provide greater clarity and to remove text which was inadvertently included in prior amendments. 


Legal Authority

These amendments to the Health Code are promulgated pursuant to §§ 558 and 1043 of the NYC Charter.  Sections 558 (b) and (c) of the Charter empower the Board to amend the Health Code and to include in the Health Code all matters to which the authority of the Department extends.  Section 1043 grants the Department rule-making authority.