Oregon ORS 329A.440 (HB 3109) requires that family child care homes be treated as residential use. Registered Family (up to 10) and Certified Family (up to 16) homes are licensed by ODELC. Washington County cannot require conditional use permits.
Under ORS 329A.440, as amended by HB 3109 (2021), local governments cannot impose zoning standards on family child care homes that differ from standards applied to single-family residences. Oregon Department of Early Learning and Care (ODELC) licenses three tiers: Registered Family Child Care (up to 10 children, in provider's home), Certified Family Child Care (up to 16 children in a home), and Certified Child Care Center. Registered Family Homes are a use-by-right in residential zones in Washington County. Certified Family Homes also qualify as family child care and must be permitted in residential zones without a conditional use permit. ODELC licensing requires background checks, CPR/first aid, fire safety inspection, and liability insurance. Tualatin Valley Fire and Rescue inspects for fire egress. Child care centers (17+ children) remain subject to CDC conditional use standards.
Operating without ODELC license: state closure, fines $500 to $5,000. Fire safety violations: immediate correction. Local CUP required only for commercial-scale centers, not family homes.
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