Broomfield, CO Building Safety: Childcare Center Rules (2026)
Key Facts
- Threshold for R-3 status
- 12 or fewer children in a dwelling
- Age counted
- Includes children 2½ and younger
- Larger custodial facilities
- 9-16 persons = Group R-4
- Adopting ordinance
- Ord. No. 2295, 2-24-26
- Enforcing office
- Community Development building official
- Max penalty
- $2,650 fine or 364 days jail
Summary
Broomfield's amended 2024 International Building Code sets the occupancy rule for in-home day care: a facility inside a dwelling unit caring for twelve or fewer children, including those 2½ and younger, is classified as Group R-3 or must instead comply with the International Residential Code. The rule, at Municipal Code § 15-04-010(B), lets small home providers avoid a commercial build-out while the building official still enforces permitting and inspection.
305.2.3 Twelve or fewer children in a dwelling unit. A facility such as above within a dwelling unit and having twelve or fewer children, including children 2 ½ years and younger, receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
Full Breakdown
The amendment sits inside chapter 15-04, which adopts the 2024 IBC with local changes. Section 305.2.3, as rewritten, holds that a day care operated within a dwelling unit for twelve or fewer children, counting every child 2½ years old or younger, is treated as Group R-3, the same low-intensity classification as a single-family home, or the operator may instead follow the International Residential Code. Larger custodial-care operations are treated differently under the same chapter: Section 308.2.4 classifies a facility with eight or fewer persons receiving custodial care as Group R-3 only if an automatic sprinkler system is installed, and Section 308.2.3 pushes any facility housing nine to sixteen persons receiving custodial care into the stricter Group R-4 classification.
Any day care that changes a home's occupancy classification still needs a building permit under § 15-03-070(A) before work begins, and the building official will not issue the certificate of occupancy required by § 15-03-120 until the classification and any required life-safety features are verified. The current text was adopted by Ordinance No. 2295 on February 24, 2026, replacing the prior IBC edition referenced in chapter 15-04.
Violations & Fines
Operating or converting a dwelling to day-care use without the required permit, or misrepresenting the occupancy classification to the building official, is enforced as a general Municipal Code violation. Under § 1-12-020, each offense carries a fine of up to $2,650.00 or imprisonment of up to 364 days, or both, and every day a violation continues counts as a separate offense. The building official may also withhold or revoke a certificate of occupancy under § 15-03-120 until the facility complies.
Frequently Asked Questions
How many children can a Broomfield home day care serve without a commercial occupancy classification?
What classification applies once a facility grows past twelve children?
Does opening a home day care require a new building permit?
Who enforces Broomfield's day-care occupancy rule?
Sources & Official References
Other rules in Broomfield
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