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Albemarle County, VA Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Licensing agency
Virginia Department of Social Services
License copy required by
Albemarle County zoning administrator
Inspecting agency
Albemarle County fire official
Noncompliance trigger
withholding license or refusing inspection
Initial civil penalty
$200 per summons
Aggregate civil penalty cap
$5,000

Summary

In Albemarle County outside Charlottesville and Scottsville, a child day center must hold a current license from the Virginia Department of Social Services and give a copy to the county zoning administrator, and the Albemarle County fire official may inspect the premises at any time under the Zoning Ordinance's supplementary regulations.

These county ordinances apply to unincorporated areas of Albemarle County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Sec. 5.1.06 - Child day centers. Each child day center shall be subject to the following: a.State licensure. Each child day center shall acquire and maintain the required licensure from the Virginia Department of Social Services. The owner or operator of the child day center shall provide a copy of the license to the zoning administrator. The owner or operator's failure to provide a copy of the license to the zoning administrator shall be deemed to be willful noncompliance with the provisions of this chapter.b.Inspections by fire official. The Albemarle County fire official is authorized to conduct periodic inspections of the child day center. The owner or operator's failure to promptly admit the fire official onto the premises to conduct an inspection in a manner authorized by law shall be deemed to be willful noncompliance with the provisions of this chapter.

Full Breakdown

06, wherever the use is permitted by right or by special use permit. Two duties fall directly on the operator. First, state licensure: the operator must acquire and maintain the required license from the Virginia Department of Social Services and provide a copy of that license to the county zoning administrator; failing to hand over the license is expressly defined in the ordinance as willful noncompliance with the chapter, not a mere paperwork lapse. Second, fire inspection access: the Albemarle County fire official is authorized to conduct periodic inspections of the child day center, and refusing to promptly admit the fire official to the premises for a lawful inspection is likewise deemed willful noncompliance.

The section closes by making clear it is supplementary to, not a substitute for, review by the Virginia Department of Social Services, the Virginia Department of Health, the Virginia State Fire Marshal, or any other state or federal agency with authority over the facility. 4: the county's zoning administrator can issue a notice of violation, a civil summons or ticket, or refer the matter for criminal prosecution once civil penalties are exhausted. 06 layers state-licensure verification and fire-access rights on any center location the underlying district otherwise allows.

Violations & Fines

A willful noncompliance finding under § 18-5.1.06 is enforced as a Chapter 18 zoning violation. The zoning administrator may issue a civil summons or ticket carrying a $200 penalty for the initial summons and $500 for each additional summons from the same facts, capped at $5,000 in aggregate civil penalties under § 18-36.3, after which the violation can be prosecuted as a misdemeanor under § 18-36.4, punishable by a fine of $10 to $1,000 per offense.

Frequently Asked Questions

Does Albemarle County itself license child day centers?
No. Licensure comes from the Virginia Department of Social Services. The county's role under § 18-5.1.06 is to require the operator to hand the county zoning administrator a copy of that state license and to allow the county fire official onto the premises for periodic inspections.
What happens if a center will not let the fire official in?
Refusing to promptly admit the Albemarle County fire official for a lawful inspection is defined in § 18-5.1.06(b) as willful noncompliance with the Zoning Ordinance, which exposes the operator to the civil and criminal penalties in §§ 18-36.3 and 18-36.4.
Does this section replace state health and fire marshal requirements?
No. Section 18-5.1.06(c) states the county provisions are supplementary; nothing in the county code precludes separate requirements from the Virginia Department of Social Services, Virginia Department of Health, or the Virginia State Fire Marshal.

Sources & Official References

Other rules in Albemarle County

All Albemarle County rules

Compare Albemarle County to another location·View the Virginia building safety overview

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