NYC Rules of the City of New York

§ 49.11 — Boarding of Children on School Premises.

Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC RCNY § 49.11?

Quick Answer

(a) No child under six years of age shall be boarded on school premises. Children six years and over and under sixteen years of age shall not be boarded on school premises unless the school receives the written approval of the Department.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 49.11 Boarding of Children on School Premises.

RCNY § 49.11

(a)No child under six years of age shall be boarded on school premises. Children six years and over and under sixteen years of age shall not be boarded on school premises unless the school receives the written approval of the Department. The Department shall not grant such approval unless such occupancy is approved by the Department of Buildings and the Fire Department. The person in charge of the school shall submit to the Department (1) a copy of the certificate of occupancy, or, when such certificate is not required by the Administrative Code, a statement from the Department of Buildings that the premises comply with all applicable buildings laws and (2) a statement from the Fire Department that the premises meet the requirements of all applicable laws and regulations pertaining to fire control. The number of children boarded at a school shall not be more than the maximum number prescribed by the Department.

(b)When a child who is boarded at a school presents a health problem, is injured, or becomes ill and requires medical care, he shall be examined and treated by a physician, and, if possible, his parents or guardian shall be notified immediately. If the necessary medical care or facilities cannot be provided at the school, the child shall be removed to a hospital or other facility which can provide the proper care.

(c)When children are boarded at a school, the sleeping accommodations and facilities required by 24 RCNY Health Code § 51.11 shall be provided.

(d)Except during day rest periods, no classroom shall be used for sleeping or living purposes.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters