Billings, MT Building Safety: Childcare Center Rules (2026)
Key Facts
- Group E threshold
- >5 children, over 2.5 years old
- Small program exception
- 15 or fewer = primary occupancy
- Home daycare exception
- 15 or fewer in dwelling = R-3/IRC
- Worship-based care
- Counts as primary occupancy
- Code base
- 2021 International Fire Code, locally amended
Summary
Billings' Fire Prevention Code amendments classify day care facilities serving more than five children as a Group E occupancy, with lighter treatment for small in-home programs and care during religious services.
OCCUPANCY CLASSIFICATION Group E, day care facilities is modified to read: "This group includes buildings and structures or portions thereof occupied by more than five children older than 2 1/2 years of age who receive educational, supervision or personal care services for less than 24 hours per day. (A)Fifteen or fewer children. A facility having fifteen or fewer children receiving such care shall be classified as part of the primary occupancy. (B)Fifteen or fewer children in a dwelling unit... shall be classified as a Group R-3 occupancy..."
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 66 Update 2).
Full Breakdown
Under Sec. 14-301, which adopts the 2021 International Fire Code with local amendments, the city rewrote the Group E "day care facilities" occupancy classification. A facility caring for more than five children over 2 1/2 years old, for less than 24 hours a day, is Group E. Facilities with fifteen or fewer children stay classified under the primary occupancy (or as Group R-3 / under the International Residential Code if inside a dwelling unit), and care given during religious services counts as part of the place of worship's primary occupancy.
Violations & Fines
Same section's amended Sec. 112.4 makes fire code violations a misdemeanor: up to a $500 fine or 6 months imprisonment, with each continuing day a separate offense.
Frequently Asked Questions
How many kids trigger Group E day care classification in Billings?
Does a small home daycare need a separate Group E building classification?
Sources & Official References
Other rules in Billings
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