§47.39(a): Exclusive use of the space
The center did not limit the areas used by children to their exclusive use during child care hours. Unauthorized children or adults were allowed in the facility.
| Health Code section | §47.39(a) |
| Type | Practice |
| How DOHMH classifies it | Serious (100% of its citations) |
| Cited in our records | 59 times at 53 NYC centers |
| Marked open right now | 3 |
The city's wording
At the time child care service was providing care it has been determined that the child care service failed to limit areas used by children to their exclusive use. Unauthorized children and/or adults allowed to inhabit child care service facilities during child care hours.
This is the text DOHMH or the state attaches to the citation. It is a template, so it can sound harsher or vaguer than the finding behind it.
Worth asking the center
Who else uses the building during the day, and how is access controlled?
Reading it on a record
Look at whether the citation is marked open or corrected, how long ago it was cited, and whether the same section shows up on several inspections. One corrected citation is common. The same one on visit after visit is worth a direct question. Our guide to checking a daycare and methodology explain the rest.
Look up a center and read its record
Related sections
- §47.23(a): Supervision
- §47.27(b): Daily health check of children
- §47.23(f)(1): Teacher to child ratios
- §47.59(d): Fire drills
- §47.19(h)(3): Unsupervised contact before clearance
Counts are from the inspection records we hold, as of 2026-10-16. The plain-English note was written by NYC Daycare Check from the city's wording; the citation on each center's page is the record.