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Whatcom County, WA Home Business: Home Daycare (2026)

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

Key Facts

County permit needed?
No, exempt under WCC 20.80.970(3)(a)
State track instead
Chapter 110-300 WAC licensing
Licensed provider cap
Up to 12 children, in provider's home
Informal care exemption
Neighbor/friend care under 24 hrs, non-business
Enforcing agency
WA Dept. of Children, Youth, and Families
Enforcement tools
License denial, suspension, revocation, civil penalties

Summary

Washington law, not the county's home-business chapter, controls in-home daycare in unincorporated Whatcom County: WCC 20.80.970(3)(a) expressly exempts day care homes from the county's home occupation permit, sending them instead to state licensing under RCW 43.216.010, which defines a licensed family day care provider as caring for up to 12 children in the provider's own home.

City-specific rules exist: Bellingham has its own home daycare rules that differ from Whatcom County's county-level regulations. If you live in Bellingham, check the city-specific page instead.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agency" means any person, firm, partnership, association, corporation, or facility that provides child care and early learning services outside a child's own home ... (c) "Family day care provider" and "family home provider" mean a child care provider who regularly provides early childhood education and early learning services for not more than 12 children at any given time in the provider's home in the family living quarters except as provided in RCW 43.216.692 and subsection (2)(n) of this section; ... (2) "Agency" does not include the following: ... (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person providing care for periods of less than 24 hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business ... (12) "Enforcement action" means denial, suspension, revocation, modification, or nonrenewal of a license pursuant to RCW 43.216.325(1) or assessment of civil monetary penalties pursuant to RCW 43.216.325(3).

Source: Revised Code of WashingtonView official code

Full Breakdown

970 applies to them. 010. Subsection (1)(c) defines a 'family day care provider' (also 'family home provider') as a child care provider who regularly provides early childhood education and early learning services for not more than 12 children at any given time in the provider's home, in the family living quarters. Not every arrangement needs that state license: subsection (2)(c) exempts a person who cares for a neighbor's or friend's child, with or without compensation, for periods under 24 hours, so long as the care is not conducted on an ongoing, regularly scheduled basis for the purpose of engaging in business, including advertising the care; subsection (2)(d) similarly exempts parents who cooperatively swap child care on a mutual basis. 010(1)(c) licensing applies, administered by the Department of Children, Youth, and Families (subsection (6)). 970(3)(a) already removed them from its home-business enforcement scope.

Violations & Fines

Because day care homes are exempt from Whatcom County's home-based business permit under WCC 20.80.970(3)(a), the county does not issue its own daycare citations. Operating an unlicensed family day care beyond the informal-care exemptions in RCW 43.216.010(2)(c) and (2)(d), meaning regular, compensated, advertised care for children outside the family, exposes a provider to a state enforcement action under RCW 43.216.325: license denial, suspension, revocation, modification or nonrenewal, plus civil monetary penalties, all administered by the Department of Children, Youth, and Families rather than county planning staff.

Frequently Asked Questions

Do I need a Whatcom County permit to run a home daycare?
No. WCC 20.80.970(3)(a) exempts day care homes from the county's home-based business chapter entirely, stating they are 'regulated pursuant to Chapter 110-300 WAC' instead. That means the floor-area caps, client limits and parcel-size rules that apply to other home businesses under WCC 20.80.970 simply do not apply to a licensed family day care.
How many children can a licensed family day care provider serve?
Not more than 12 children at any given time, all cared for in the provider's own home within the family living quarters, per the state definition at RCW 43.216.010(1)(c). Exceeding that figure or operating outside the home moves the provider into a different licensing category as a child day care center.
Can I watch a neighbor's kids without a state license?
Yes, if it stays informal. RCW 43.216.010(2)(c) exempts someone who cares for a neighbor's or friend's child for periods under 24 hours, with or without pay, as long as it is not done on an ongoing, regularly scheduled basis for the purpose of running a business, including advertising the care.
What happens if a home daycare operates without a required license?
The Department of Children, Youth, and Families can take an 'enforcement action' as defined in RCW 43.216.010(12): denial, suspension, revocation, modification or nonrenewal of the license under RCW 43.216.325(1), or civil monetary penalties under RCW 43.216.325(3). Whatcom County's own code enforcement does not separately cite the home under WCC 20.80.970 because that section already exempted it.

Sources & Official References

Other rules in Whatcom County

All Whatcom County rules

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