Kent County, DE Building Safety: Childcare Center Rules (2026)

B amends International Building Code, 2018 edition, Chapter 3 as adopted for Kent County. 2 defines Group E day-care facilities as buildings or portions occupied by more than five children older than 2 1/2 years who receive educational or personal care services or supervision for fewer than 24 hours a day, pulling such uses into the higher life-safety standards that apply to schools and other Group E occupancies. 2). 3 keeps the home at Group R-3 or requires compliance with the International Residential Code, and the county's exception goes further: a facility the Department of Planning Services has approved as a family child care home, caring for nine children or fewer, can also stay classified Group R-3 or IRC-compliant rather than being pushed into commercial Group E standards, though the applicant remains responsible for any applicable Title III ADA compliance.

5 separately establishes Group I-4 for buildings occupied by persons of any age who receive custodial care for less than 24 hours from someone other than a parent, guardian or blood, marriage or adoption relative, in a location other than the care recipient's own home, covering adult and child day programs alike under institutional occupancy rules. Any facility exceeding the small-home exceptions must meet full Group E or I-4 construction, egress and fire-safety requirements under the adopted 2018 IBC.