A Family Home child care in Bellingham follows Washington State Department of Children, Youth, and Families (DCYF) licensing under RCW 43.216 and WAC 110-300. A Family Home license allows up to 12 children from birth to age 13 in the licensee's residence. RCW 35A.63.215 preempts Bellingham from prohibiting Family Home child care in any zone that permits single-family residences — and conditions imposed must be no more restrictive than those applied to other residential dwellings in the same zone. Bellingham BMC 20.10.045 home-occupation conditions do not control because the state daycare statute supersedes; setback, building, fire, safety, health, and business-license rules still apply.
Washington child care licensing was consolidated under DCYF in 2018 and is governed by RCW 43.216 (Department of Children, Youth, and Families Act) and WAC 110-300 (Foundational Quality Standards for Early Care and Education). A 'Family Home' early learning program is child care in the provider's residence for 12 or fewer children from birth to age 13. Age and ratio limits vary by the children's ages: typical maximum capacity is 6 children under school age (with sub-limits like no more than 2 children under 12 months) plus 4-6 school-age children. Applicants submit DCYF Form 15-955 (Family Home and Center Child Care License or Certification Application), pass criminal background checks (RCW 43.43.832) on the licensee and all 16+ household members, complete 30 hours STARS basic training plus CPR/first aid, undergo a licensing inspection of the home, and renew annually. Initial licensing fee is $30; annual renewal $30. The DCYF Region 3 Early Learning office serves Whatcom County including Bellingham. Inspections cover health, safety, environmental conditions, water testing, fire safety, outdoor play area, and indoor space per child. On the Bellingham side, RCW 35A.63.215 preempts the city from enacting or maintaining any ordinance, development regulation, zoning regulation, or official control that prohibits the use of a residential dwelling as a Family Day Care Provider's Home Facility in an area zoned for residential or commercial use. Bellingham may require the facility to: comply with building, fire, safety, health code, and business licensing requirements; conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district (unless the structure is legal nonconforming); be DCYF-certified as providing a safe passenger loading area; include signage that conforms to applicable regulations; and limit hours of operation. Any zoning conditions imposed must be no more restrictive than those applied to other residential dwellings in the same zone. Bellingham's home occupation conditions in BMC 20.10.045 do not override RCW 35A.63.215 for licensed Family Home daycare. A Bellingham city business license is required under BMC Title 5 via WA BLS. Centers above 12 children require a Child Care Center license (not Family Home) and are reviewed separately under BMC Title 20 (typically as a conditional use). Washington's HB 1110 and HB 1337 (middle housing and ADUs) do not displace the family-day-care preemption.
Operating an unlicensed child care for compensation above the 'in family' threshold violates RCW 43.216.250 — a gross misdemeanor with civil penalties up to $250/day enforced by DCYF. Local building, fire, health, or business-license violations are enforced by Bellingham Code Compliance and the Whatcom County Health Department. Bellingham cannot enforce any zoning rule that effectively prohibits a licensed Family Home in a residential zone — RCW 35A.63.215 voids such enforcement.
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