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San Antonio, TX Building Safety: Childcare Center Rules (2026)

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

Key Facts

State licensor
Texas HHSC
State rule
26 TAC Chapter 746
Local rules
SAMC Chapter 10
Family home cap
Under 12 children
Fire occupancy
Group E or I-4

Summary

San Antonio childcare centers are licensed and inspected by Texas Health and Human Services Commission Child Care Regulation under 26 TAC Chapter 746, layered with SAMC Chapter 10 building, fire, and zoning requirements before opening.

fined by department rule.(7) "Day-care center" means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.(8) "Group day-care home" means a child-care facility that provides care at the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.(9) "Family home" means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding chi

Source: Texas HHSC Child Care RegulationView official code

Full Breakdown

Texas HHSC Child Care Regulation issues operational licenses under Texas Human Resources Code Chapter 42, with detailed rules on staff-child ratios, square footage, outdoor play, background checks, and curriculum. San Antonio layers on land-use review through the Unified Development Code, building permit and ADA review through SAMC Chapter 10, fire inspection through IFC Group E and I-4 occupancies under SAMC Chapter 11, and food-handling permits from SA Metro Health if meals are provided. Family home daycares serving fewer than 12 children may operate as residential use. Centers under 30 months trigger I-4 sprinkler and smoke-detection requirements. Centers near school zones must coordinate traffic safety with TxDOT or SAISD.

Violations & Fines

Operating without HHSC license is a state offense up to 1,000 dollars per day per child under Human Resources Code 42.078. SA permit and zoning violations add SAMC fines up to 2,000 dollars per day plus stop-work orders.

Frequently Asked Questions

Can I open a daycare in my SA home?
Family home daycares with fewer than 12 children typically qualify as residential under the UDC, with HHSC family home registration. Larger registered homes and centers require commercial zoning and full SAMC permitting.
Who inspects SA childcare centers?
Texas HHSC inspectors handle state licensing checks. SAFD inspects fire safety, Metro Health inspects food preparation, and Development Services verifies building and zoning compliance before issuing certificate of occupancy.

Sources & Official References

Other rules in San Antonio

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