Memphis, TN Building Safety: Childcare Center Rules (2026)

City Code § 9-28-2 requires every day care center to register with the office of planning and development, submitting building plans and information on the owner, corporation officers and the person in charge, as required by the building official, fire marshal and health department. Centers must post the owner's name and address, the manager's name, the most recent fire, health and department-of-human-services inspection reports, a certificate of liability insurance, an employee list, complaint phone numbers for the department of human services and the mayor's citizen service center, and the number of children enrolled versus licensed capacity; § 9-28-3 makes the fire department responsible for confirming the posting is complete.

Under § 9-28-3, the office of planning and development may approve a center only after the building official, fire marshal and health department recommend approval following an on-site inspection, and § 9-28-4 lets those same officials impose whatever conditions are needed for safe, proper facilities before recommending approval. Section 9-28-5 confines day care operations to the first story only, bars any device that would slow emergency egress, and sets a minimum of 30 square feet of open floor space per child, excluding offices, halls, kitchens and bathrooms.

Section 9-28-6 bars centers from admitting children under 15 months old or nonambulatory children unless the center qualifies as an 'institution' meeting the building official's, fire marshal's and health department's additional standards. Section 9-28-7 requires one water closet and one lavatory for every 15 children or fraction thereof.