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Hialeah, FL Building Safety: Childcare Center Rules (2026)

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

Key Facts

Fire code
City fire code, Sec. 38-31, applies
Inspection fee
$50.00, includes one re-inspection
Certificate validity
2 years from issuance
Recertification duty
Owner or operator, before expiration
Applies to
Family day care and large family child care homes

Summary

Hialeah requires every family day care home and large family child care home to comply with the city fire code and pass a $50.00 inspection, per Sec. 98-2033. A passing inspection earns a certificate of compliance valid for two years, after which the operator must recertify before the certificate expires.

A family day care home or large family child care home shall comply with the city fire code as adopted in section 38-31 hereof. A family day care home or large family child care home shall allow the city to inspect the premises, including the interior of the home, to determine compliance with the city fire code, upon payment of an inspection fee of $50.00, which also includes the re-inspection if required. If the city determines that a family day care home or large family child care home complies with the city fire code, then the city shall issue a certificate of compliance that will be in effect for two years. The property owner or operator of a family day care home or large family child care home shall be responsible for recertifying compliance upon the expiration of the certificate of compliance.

Full Breakdown

Sec. 98-2033 of the Hialeah Code of Ordinances layers a fire-safety compliance requirement onto the zoning permission granted to family day care homes and large family child care homes under the preceding sections. The home must comply with the city fire code as adopted in Sec. 38-31, and must allow the city to inspect the premises, including the interior of the home itself, to verify that compliance. 00, which the section specifies also covers a re-inspection if one is needed, so a failed first inspection does not trigger a second charge.

Once the city determines the home complies with the fire code, it issues a certificate of compliance that remains valid for two years from issuance. Responsibility for renewing that certificate before it lapses falls on the property owner or the day care operator, not the city; the section places the recertification duty explicitly on the property owner or operator. Because Sec. 98-2032 conditions the underlying residential use on state licensure or registration with the department of children and family services, a home operating without a current Sec.

98-2033 fire compliance certificate is out of step with both the local fire code and, likely, its state licensing file, since state child-care licensing typically depends on passing local fire inspections. The requirement applies uniformly to both capacity tiers defined in Sec. 98-2031, the smaller family day care home and the larger, staff-intensive large family child care home.

Violations & Fines

Operating a family day care home or large family child care home without a current fire-code certificate of compliance, or refusing the city's inspection under Sec. 98-2033, exposes the operator to zoning enforcement under Sec. 98-6: a fine of up to $500.00 per offense, with each day of noncompliance a separate offense, in addition to loss of the residential-use protection Sec. 98-2032 otherwise grants.

Frequently Asked Questions

Does a Hialeah home day care need a fire inspection?
Yes. Sec. 98-2033 requires every family day care home or large family child care home to allow the city to inspect the premises, including the interior, for compliance with the city fire code adopted in Sec. 38-31, before it can operate.
How much does the fire inspection cost for a Hialeah day care home?
The inspection fee is $50.00 under Sec. 98-2033, and that single fee covers a re-inspection too, so an operator who fails the first visit and fixes the issue does not have to pay again for the follow-up inspection.
How long does a Hialeah day care fire compliance certificate last?
Sec. 98-2033 sets a two-year validity period once the city issues a certificate of compliance, and the property owner or operator bears sole responsibility for scheduling a new inspection and getting the home recertified before that two-year certificate lapses and enforcement risk begins.
What happens if a Hialeah day care operates without fire certification?
It becomes a zoning violation under Sec. 98-6, with fines up to $500 per day, and it undercuts the residential-use protection Sec. 98-2032 gives licensed day care homes, since that protection assumes ongoing compliance with sections like 98-2033.

Sources & Official References

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