Amendment to School Based Programs for Children Ages 3-5 (Article 43 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 Board of Health (“Board”) is adopting certain child health and safety amendments to Article 43 of the New York City Health Code (“Health Code”).  Article 43 provides health and safety requirements for children ages 3 to 5 attending a kindergarten or pre-K program located within a school or that is part of a school. Article 43 requirements are intended to supplement regulations in the Health Code that currently apply to all schools. 

Historically, Article 43 programs were previously regulated under Health Code Article 47 (“Child Care Programs and Family Shelter-Based Drop-Off Child Supervision Programs”) except that they were not required to obtain a permit. However, many of the provisions in Article 43 have not been updated since 2008, whereas Article 47 is and has been far more frequently updated.  These amendments align Article 43 with some of the more current child health and safety requirements provided in Article 47 and supported by the larger childcare sector.


These amendments make changes to conform the Health Code with recent changes in state and local law, including updated immunization and lead-based paint hazards requirements.  On June 13, 2019, NYS Public Health Law § 2164 was amended to remove the religious exemption from childhood immunization requirements.  Article 43 (§43.17) of the Health Code is now amended to incorporate this state legislative change.  On March 13, 2019, the NYC Council passed multiple amendments to the NYC Administrative Code concerning child care programs, which among other things, updated the requirements for conducting an annual survey for lead-based paint hazards for all day care services (See, for example, 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 43 (§43.23) of the Health Code is now amended to incorporate these updated annual survey requirements.

Legal Authority

These amendments to the Health Code are made 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.