Fairfax County, VA Building Safety: Childcare Center Rules (2026)

Section 30-2-1(a) contains two prohibitions. First, no building or premises may be occupied or used, in whole or in part, as a private school, nursery school, or child care center until the Director of Health grants an annual permit for that occupancy and use, so devoting even part of a building to child care triggers the requirement. Second, the same building may not be used after the permit has expired or after it has been revoked or suspended, which means a lapse in renewal shuts the operation down as surely as an enforcement action does.

Applications go through the Department of Health with a fee, and a new or remodeled facility must submit a dimensional floor plan. The Health Department does not act alone: no permit issues without sign-off from the County Zoning Administrator, the Fire Marshal, and Land Development Services, so zoning, fire safety, and site review all happen before children occupy the space. Every permit runs on the same calendar. All permits expire September 30 each year, and operators renew during the window from August 1 through September 30 to avoid a gap in lawful operation.