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Arlington, TX Building Safety: Childcare Center Rules (2026)

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

Key Facts

State licensor
Texas HHS CCR
Lead trigger
Pre-1978 building
Asbestos rule
Federal AHERA
Home daycare cap
Four kids no permit

Summary

Arlington childcare centers must comply with the Texas Health and Human Services minimum standards plus local building, fire, and zoning codes. Inspections include fire egress, lead and asbestos checks, and outdoor play area safety before licensing.

Sec. 42.041. REQUIRED LICENSE. (a) No person may operate a child-care facility or child-placing agency without a license issued by the department.(b) This section does not apply to:(1) a state-operated facility;(2) an agency foster home;(3) a facility that is operated in connection with a shopping center, business, religious organization, or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping, or engaging in other activities, including retreats or classes for religious instruction, on or near the premises, that does not advertise as a child-care facility or day-care center, and that informs parents that it is not licensed by the state;(4) a school or class for religious instruction

Source: Arlington City CodeView official code

Full Breakdown

Childcare facilities in Arlington must obtain a license from Texas HHS Child Care Regulation under 26 Texas Administrative Code Chapter 746 or 747 and pass plan review through Arlington Community Development. Building permits address occupancy classification under the adopted International Building Code, while the Fire Marshal verifies egress, alarms, and sprinkler coverage where required. Pre-1978 facilities undergo lead paint risk assessment, and asbestos-containing materials must be disclosed and managed per AHERA. Outdoor play areas require fenced barriers and approved fall surfaces. Home-based daycares face additional zoning review when serving more than four children under the citys home occupation rules.

Violations & Fines

Operating an unlicensed daycare is a state jail felony in Texas under HSC, while local building violations carry city fines up to 2,000 dollars per day until corrected.

Frequently Asked Questions

Can I run a daycare from my Arlington home?
Small home-based care is allowed as a home occupation, but registered or licensed home daycares need state licensing and may need additional zoning review.
How often are facilities inspected?
Texas HHS performs annual licensing inspections, and Arlington Fire Marshals conduct fire safety walkthroughs at least once each licensing cycle.

Sources & Official References

Other rules in Arlington

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Childcare Center Rules in Nearby Cities

How other cities in Tarrant County handle childcare center rules.

Fort Worth, TX
Light Restrictions