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Hoover, AL Building Safety: Childcare Center Rules (2026)

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

Key Facts

Day care home cap
5 children max, DHR-licensed
Group care home
7-12 children, 2+ adults present
New homes must meet
current IBC and IFC editions
Existing homes must follow
State Fire Marshal 'Existing Home Daycare' procedure
Adopting ordinance
Ord. No. 18-2360, adopted 3-5-18
Max penalty
$500 fine and/or 6 months jail per day

Summary

Hoover requires every day care home, group care home and night care facility home to prove compliance before the city's revenue department will issue a business license. Existing home day cares must follow the Alabama Fire Marshal's 'Existing Home Daycare' procedure; new ones must meet the current International Building and Fire Codes, per City Code § 8-461.

(a)A day care center must comply with the requirements of this section (according to its classification as existing or new as defined in section 8-429) and provide the required proof of such compliance to the city's revenue department before the issuance of a business license by the city.(b)An existing home day care center shall:(1)Be licensed to operate by the Alabama Department of Human Resources;(2)Comply with the State of Alabama Fire Marshal's "Existing Home Daycare" procedure; and(3)Provide documentation to the city evidencing compliance with this procedure and approval to operate as a day care home, group care home or night care facility home prior to the adoption of this article.(c)A new home day care center shall:(1)Be licensed to operate by the Alabama Department of Human Resources; and(2)Comply with the applicable International Building and International Fire Codes currently adopted by the city.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 23).

Full Breakdown

Hoover's Code of Ordinances draws a hard line between three kinds of home-based child care and requires each to clear a distinct compliance track before the revenue department will issue a business license, per Sec. 8-461. A day care home serves no more than five children and must be licensed by the Alabama Department of Human Resources. A group care home takes seven to twelve children with at least two adults supervising, also DHR-licensed. A night care facility home is any DHR-licensed dwelling that takes children after 7:00 p.m. All three are treated as day care centers for the purposes of this chapter under Sec. 8-460.

The compliance path splits on when the operation started. An existing home day care center, one that already held a DHR license and had been approved by the State of Alabama Fire Marshal's office before the city adopted Ordinance No. 18-2360 on March 5, 2018, must document that it followed the Fire Marshal's 'Existing Home Daycare' procedure and submit proof to the city. A new home day care center, meaning any applicant filing after that adoption date, instead has to meet the International Building Code and International Fire Code editions the city currently has adopted, in addition to the DHR license. Either way, the applicant hands the city's revenue department documented proof of compliance before a business license is issued; no proof, no license.

Separately, the zoning ordinance treats a day care home, group care home or night care facility home in a residential district as a conditional use requiring Planning and Zoning Commission approval, with its own dwelling, signage and driveway-loading conditions under Zoning Ordinance § 2.04.02, so an operator clears both the zoning conditional-use track and the Sec. 8-461 licensing compliance track before opening.

Violations & Fines

Operating a day care center in Hoover without a business license is unlawful under Sec. 8-36, and each day of unlicensed operation is a separate offense. A conviction under Sec. 8-39 carries a fine of up to $500 and up to six months in jail per offense, at the court's discretion. The revenue department will not issue or renew the underlying business license until DHR licensure and Fire Marshal or IBC/IFC compliance documentation is on file.

Frequently Asked Questions

What is the difference between a day care home and a group care home in Hoover?
A day care home is a dwelling licensed by the Alabama Department of Human Resources that cares for up to five children during the day. A group care home is also DHR-licensed but cares for seven to twelve children with at least two adults supervising at all times, per Sec. 8-460.
Does an existing in-home day care need to meet the building code like a new one?
No. An existing home day care center that already held DHR licensure and State Fire Marshal approval before the city's March 5, 2018 ordinance only needs to document that prior approval. A new home day care center filed after that date must instead meet the currently adopted International Building and Fire Codes, per Sec. 8-461(b)-(c).
Can I get a business license before my day care is licensed by the state?
No. Sec. 8-461(a) requires proof of compliance, meaning DHR licensure plus either the Fire Marshal procedure or IBC/IFC compliance, before the city's revenue department will issue the business license needed to operate.
What happens if I run a day care in Hoover without a business license?
It's a misdemeanor under Sec. 8-36 and Sec. 8-39: each day of operation without a license is a separate offense, punishable by up to a $500 fine and up to six months in jail.

Sources & Official References

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