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Proposed Rules: Open to Comments

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Comment By: 
Friday, November 15, 2019
Proposed Rules Content: 

Statement of Basis and Purpose


The New York City Department of Health and Mental Hygiene (“Department”) is proposing that the New York City Board of Health (“Board”) amend Article 47 of the New York City Health Code (“Health Code”).  The proposed amendments would align the Health Code with recent legislative changes to the New York State Public Health Law and New York City 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 proposed in response to other recent local legislation prohibiting use of crib bumper pads and to require anchors for furniture that could topple over.  Other changes are being proposed, for example, for child-to-staff ratios to be consistent with those in the federal Head Start program, as well as to provide greater clarity and to remove text which was inadvertently included in prior amendments. 


Legal Authority

These amendments to the Health Code are proposed 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. 


Proposed resolution to amend Article 47 (Child Care Programs and Family Shelter-Based Drop-off Child Supervision Programs) of the New York City Health Code.

New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 3rd floor, Room 3-32
Queens, NY 11101

Svetlana Burdeynik at (347) 396-6078,

Download Copy of Proposed Rule (.pdf):