Benton County, WA Building Safety: Childcare Center Rules (2026)
Key Facts
- Type B definition
- 13+ children in a home, or any number in a non-dwelling building
- Approval type
- Hearings Examiner conditional use permit, BCC 11.42.060
- Fire code
- Must conform to the International Fire Code (IFC)
- Building code
- Must comply with the International Building Code (IBC)
- Parking
- 1 space per employee plus 1 space per 5 children
- First violation penalty
- Civil penalty up to $500, BCC 11.43.170
Summary
A Benton County child day care serving 13 or more kids, or housed in a non-dwelling building, is a Type B facility under BCC 11.42.060 and needs a Hearings Examiner conditional use permit conditioned on meeting the International Fire Code and International Building Code.
11.42.060 CHILD DAY CARE FACILITY, TYPE B--CONDITIONAL USE PERMIT REQUIRED. No Child Day Care Facility, Type B, shall be permitted unless a conditional use permit has been approved by the Benton County Hearings Examiner that meets the following criteria... (e) Off-street parking areas shall be provided so as to allow one (1) space for every employee and one (1) space for every five (5) children that will be attending the facility. (f) A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children. (g) The facility shall conform to International Fire Code (IFC), State, and local fire standards for fire prevention as now adopted or hereafter amended. (h) The facility must comply with International Building Code (IBC) requirements as now adopted or hereafter amended.
Full Breakdown
020(36) defines it as a dwelling unit caring for 13 or more children, or any building other than a dwelling unit caring for any number of children, for less than 24 hours a day. 060, and the Examiner's criteria go beyond zoning compatibility into building safety. Subsection (g) requires the facility to conform to the International Fire Code and any state and local fire-prevention standards then in effect, and subsection (h) separately requires compliance with the International Building Code. Those code obligations sit alongside the permit's other conditions: state child-care licensing approval, compliance with Benton-Franklin District Health Department and water/sewer provider rules, a driveway designed for continuous forward-flow loading and unloading of children, one parking space per employee plus one space for every five children in attendance, and signage capped at one non-illuminating sign of 4 square feet and 6 feet in height.
Because the fire and building code standards apply as now adopted or hereafter amended, a Type B operator has to track the current IFC and IBC editions the county has adopted, not whatever edition was current when the permit was issued, and demonstrate ongoing compliance to keep the conditional use permit in good standing.
Violations & Fines
Operating a Type B day care center without an approved conditional use permit, or falling out of compliance with its fire- and building-code conditions, exposes the operator to code enforcement under BCC Chapter 11.43: a first violation is an infraction with a civil penalty of up to $500 plus court costs and restitution, and a second violation of the same condition is a misdemeanor. The Hearings Examiner's approval can also be conditioned or revisited if the facility stops meeting its conditions.
Frequently Asked Questions
What makes a day care a 'Type B' facility in Benton County?
What building codes apply to a day care center?
Who approves a day care center in unincorporated Benton County?
Sources & Official References
Other rules in Benton County
Compare Benton County to another location·View the Washington building safety overview
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