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Auburn, AL Building Safety: Childcare Center Rules (2026)

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

Key Facts

Center threshold
More than 6 children = day care center
Approval needed
City manager sign-off before license issues
Safety check
Fire, safety and health standards inspection
State license
Proof required before city license issues
Penalty
Up to $500 fine, 6 months jail per offense

Summary

Auburn draws a hard line at seven children: cross it and you are running a day care center, which needs the city manager's sign-off and a premises inspection for fire, safety, and health standards before a business license is issued.

(d)Day care center. A day care center is defined as any person(s) providing care, for compensation, to more than six (6) children during part of, or all of, the day but less than twenty-four (24) hours apart from their own parents or guardians. A business license shall be issued only upon presentation of proof that the applicant is licensed to operate a day care home as may be required by the State of Alabama and upon proof that the premises meet city fire, safety and health standards and zoning requirements and upon approval of the city manager.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 90).

Full Breakdown

Section 12-18(d) of the Code of Ordinances defines a day care center as any person or persons providing compensated care to more than six children for part or all of a day, but less than 24 hours, apart from their parents or guardians. Before the Finance Department can issue a business license to a center, the operator must present proof of the state license Alabama requires to operate the facility, and the premises must be shown to meet the city's fire, safety, and health standards along with its zoning requirements.

Final issuance also requires the city manager's approval, a step not imposed on the smaller day care home category defined immediately after it in Section 12-18(e), which covers homes caring for three to five children in the provider's own residence. That distinction matters for building safety: a center serving more than six children is treated as a commercial-scale operation subject to the full fire and life-safety review before it can open its doors, not just the state's licensing checklist. The building safety review sits alongside, not instead of, the zoning compliance a center's building already has to meet for its district, so an operator has to clear both the licensing office and the Planning Department before the business license is finalized.

Violations & Fines

Operating a day care center without the required business license, or without the fire, safety, and health sign-off underlying it, falls under the general business license violations in Section 12-15(c): a fine of up to $500 per offense, imprisonment of up to six months, or both, with each day of continued unlicensed operation a separate offense. Section 12-14 also requires a sworn statement on every license application, and a false statement carries its own liability under the article's penalty provisions.

Frequently Asked Questions

What counts as a day care center instead of a home in Auburn?
Section 12-18(d) defines a day care center as care for more than six children for compensation during part or all of a day but less than 24 hours. That is the line separating it from the smaller day care home category next door in Section 12-18(e).
What building safety approval does an Auburn childcare center need?
Before a business license issues, the operator must prove the premises meets city fire, safety, and health standards plus zoning requirements, and must obtain the city manager's approval under Section 12-18(d).
Is a state childcare license enough to open in Auburn?
No. The state license required by Alabama is only one piece; the city still requires proof the building itself passes fire, safety, and health review and gets the city manager's sign-off before issuing the local business license.

Sources & Official References

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