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Bannock County, ID Building Safety: Childcare Center Rules (2026)

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

Key Facts

Amended IBC section
Bannock County Code § 15.04.190
Day care threshold
12 or fewer children = Group R-3
Custodial care threshold
5 or fewer persons = Group R-3
Compliance option
May follow International Residential Code instead
Enforcer
Bannock County building official, § 15.04.110
Penalty
Misdemeanor under Idaho Code § 39-4126

Summary

Bannock County classifies small day care and custodial care operations under its own 2018 International Building Code amendments in Section 15.04.190. A dwelling-unit day care serving twelve or fewer children, or a facility with five or fewer persons receiving custodial, medical or personal care, is treated as a Group R-3 occupancy or allowed to follow the International Residential Code instead of full commercial building standards.

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

305.2.3 Twelve (12) or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. ... 308.2.4 Five (5) or fewer persons receiving custodial care. A facility with five (5) or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. ... 310.4.1 Care facilities within a dwelling. Care facilities for twelve (12) or fewer children receiving day care or for five (5) or fewer persons receiving personal care or custodial care that are within a one- or two-family dwelling are permitted to comply with the International Residential Code.

Full Breakdown

Section 15.04.190 rewrites several IBC 2018 occupancy sections for Bannock County. The amended Section 305.2.3 classifies a facility with twelve or fewer children receiving day care within a dwelling unit as a Group R-3 occupancy, or lets the facility comply with the International Residential Code instead. The amended Section 308.2.4 does the same for a facility with five or fewer persons receiving custodial care, and amended Section 308.3.2 covers a facility with five or fewer persons receiving medical care, both landing in Group R-3. Amended Section 308.5.4 combines the day care and custodial care thresholds for a facility inside a dwelling unit, and amended Section 310.4 lists Group R-3 occupancies generally, including care facilities serving five or fewer persons and dwelling units providing day care for twelve or fewer children.

Amended Section 310.4.1 lets care facilities for twelve or fewer children, or five or fewer persons receiving personal care or custodial care, inside a one- or two-family dwelling comply with the International Residential Code rather than the full IBC. Once a facility exceeds these headcounts, it falls outside Group R-3 and must meet the IBC's stricter occupancy requirements, including the building official's review under Section 15.04.110 and permit fees calculated under Section 15.04.140.

Violations & Fines

Operating a day care or custodial care facility above the Group R-3 headcount thresholds, such as more than twelve children or more than five persons receiving custodial or medical care, without meeting the IBC's stricter occupancy classification and permit requirements violates Section 15.04.190. Any violation of the adopted building code is a misdemeanor under Section 15.04.160(D), punishable under Idaho Code Section 39-4126, with each day of noncompliance treated as a separate offense.

Frequently Asked Questions

How many children can I care for at home without commercial building rules?
Amended Section 305.2.3 lets a dwelling unit with twelve or fewer children receiving day care be classified as a Group R-3 occupancy, or comply with the International Residential Code instead of the full International Building Code that applies to larger facilities.
What about a home caring for adults instead of children?
Amended Section 308.2.4 treats a facility with five or fewer persons receiving custodial care, and amended Section 308.3.2 treats one with five or fewer persons receiving medical care, the same way: both qualify as a Group R-3 occupancy under the county's building code amendments.
Can a small day care in my house skip the full building code?
Amended Section 310.4.1 lets a care facility for twelve or fewer children, or five or fewer persons receiving personal care or custodial care, inside a one- or two-family dwelling comply with the International Residential Code rather than the full International Building Code.
What happens once a facility grows past these limits?
Once a day care or care facility exceeds twelve children or five persons receiving custodial, medical or personal care, it no longer qualifies for the Group R-3 exception and must meet the IBC's stricter occupancy and permit requirements enforced by the building official under Section 15.04.110.

Sources & Official References

Other rules in Bannock County

All Bannock County rules

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