Fontana vs San Bernardino
How do home daycare rules compare between Fontana, CA and San Bernardino, CA?
Fontana and San Bernardino have similar restriction levels.
Fontana, CA
San Bernardino County
Fontana follows California law treating small and large family daycare homes as residential uses. State statutes preempt most local restrictions, but fire clearance and home occupation filings still apply.
View full Fontana rules →San Bernardino, CA
San Bernardino County
San Bernardino family child care homes are protected by CA Health and Safety Code 1597.40. Licensed small homes up to 8 children and large homes up to 14 are a residential use by right citywide.
View full San Bernardino rules →Key Facts Comparison
| Fact | Fontana | San Bernardino |
|---|---|---|
| Small home capacity | Up to 8 children | - |
| Large home capacity | Up to 14 children | - |
| State license | Required from DSS | - |
| Local zoning | Residential use by right | - |
| Fire clearance | Required for large homes | - |
| State Preemption | - | CA H and S Code 1597.40 |
| Small Home Capacity | - | Up to 8 children |
| Large Home Capacity | - | Up to 14 children |
| Licensing Agency | - | CA Community Care Licensing |
| City Contact | - | (909) 384-5122 |
Highlighted rows indicate differences between cities.
Fontana FAQ
Can Fontana ban family daycare in my neighborhood?
No. State law preempts local bans and treats family daycare homes as residential uses in all residential zones.
Do I need a Fontana business license?
A home occupation permit and basic business registration may apply, but cannot impose daycare-specific restrictions beyond state law.
San Bernardino FAQ
Do I need a San Bernardino use permit to run a home daycare?
No. California Health and Safety Code 1597.45 treats licensed family child care as a residential use by right. The city cannot require a conditional use permit. You still need a state license and a fire clearance.
Can my neighbors stop me from opening a family child care?
Neighbors can file complaints about noise or parking, but objections solely about the daycare use are preempted by state law. Keep children under the licensed cap and observe quiet hours to avoid valid nuisance claims.
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