Family and group child care homes are expressly exempt from Allentown's home-occupation regulations but remain subject to all applicable permitting requirements, and child care licensing is governed by the Pennsylvania Department of Human Services under state law.
Allentown's Zoning Ordinance treats in-home child care differently from other home businesses. Section 660-48.D (Exemptions) provides that nonresidential uses expressly allowed in conjunction with residential uses - 'e.g., bed and breakfast inns, family child care homes, and group child care homes' - 'are not subject to home occupation regulations but are subject to all applicable permitting requirements.' This means a home daycare is not held to the Type 1/Type 2 home-occupation performance standards, but the operator must still obtain any required zoning permit for the use and comply with applicable building, fire, and parking requirements. Child care facility licensing itself is preempted by Pennsylvania state law: family child care homes and group child care homes are certified/licensed by the Pennsylvania Department of Human Services (DHS), Office of Child Development and Early Learning, under 55 Pa. Code Chapters 3290 (Family Child Day Care Homes) and 3280 (Group Child Day Care Homes). Operators should confirm both the state DHS certificate/license and the city zoning permit before opening.
Operating a home daycare without the required state DHS certification/license is enforced by the Commonwealth under the child-care licensing regulations. Failing to obtain a required city zoning permit or violating building/parking standards is enforceable by Allentown's zoning officer; civil enforcement under Section 660-123.D can yield a judgment up to $500.00 plus court costs and reasonable attorney fees, each day a separate offense.
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