Kauai County, HI Building Safety: Childcare Center Rules (2026)
Key Facts
- Day care center threshold
- 7 or more children under 18
- Family child care home threshold
- 6 or fewer children, private dwelling
- Licensing required
- State of Hawai'i child care license
- Use Permit fee
- $300 nonrefundable filing fee
- Misdemeanor fine
- Up to $2,000 per day
- Civil fine
- Up to $10,000 plus $10,000/day
- Reapplication wait after denial
- 6 months
Summary
On Kaua'i (Kaua'i County), the Comprehensive Zoning Ordinance defines a "day care center" as any State of Hawai'i-licensed facility caring for seven or more children under 18 without overnight stays away from their normal residence. Kaua'i County Code § 8-1.5 draws a hard line at seven children: facilities serving six or fewer fall instead under the separate "family child care home" definition, which triggers different zoning treatment and Planning Department review.
"Day care center"means any facility which complies with the State of Hawai'i licensing requirements where seven or more children under the age of 18 are cared for without overnight accommodations at any location other than their normal place of residence. This term includes child care services and other similar uses and facilities consistent with this definition, and not covered by the "Family Child Care Home" definition.
Full Breakdown
Kaua'i County Code § 8-1.5 sets the dividing line between a licensed "day care center," serving seven or more children, and a smaller "family child care home" that serves six or fewer children in a private dwelling. Both classifications require compliance with State of Hawai'i child care licensing rules, but they land in different places within the county's Comprehensive Zoning Ordinance, Chapter 8. The Table of Uses at § 8-2.4 lists both "Day care centers" and "School and day care centers" among the classified uses that carry a "U" designation, meaning a Use Permit from the Planning Commission rather than automatic approval, in the districts where the entry appears.
Under § 8-3.2, a Use Permit application costs a nonrefundable $300 filing fee, waived or halved for qualifying affordable-housing projects, and is decided by the Planning Commission, which must find the use compatible with the neighborhood before granting it; a denied application cannot be refiled for the same use for six months. The Planning Department, not the State Department of Human Services, is the county contact point for confirming whether a specific parcel's zoning classification allows a proposed day care center outright or requires this discretionary review.
Because the seven-child threshold is what moves a provider out of the lighter family child care home track and into full day care center classification, operators near that number should confirm licensed capacity with the State and zoning classification with the Kaua'i Planning Department before signing a lease or building out space.
Violations & Fines
Operating, altering, or maintaining any use contrary to the Comprehensive Zoning Ordinance, including a day care center sited or classified in violation of Table 8-2.4, is a misdemeanor under § 8-3.5(a)(3) punishable by a fine of up to $2,000, with each day of continuing violation counted as a separate offense. The Planning Director can also impose civil fines of up to $10,000 plus $10,000 per day the violation persists, and can place a lien on the property if a fine remains unpaid after 90 days.
Frequently Asked Questions
How many children trigger 'day care center' status under Kaua'i County Code?
Does a day care center need Planning Commission approval on Kaua'i?
What are the penalties for an unpermitted day care center on Kaua'i?
Sources & Official References
Other rules in Kauai County
Compare Kauai County to another location·View the Hawaii building safety overview
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