Birmingham, AL Home Business: Home Daycare (2026)
Key Facts
- Code Section
- Zoning Ord. Title 1, Ch. 4, Art. IV, Sec. 1.F (esp. F.3, F.6, F.14.c)
- Patrons at one time
- Up to 6 (family care homes)
- Outdoor areas
- Outdoor play/seating allowed for family day care
- Non-resident staff
- Limited substitute/employee allowance
- State licensing
- Ala. Dept. of Human Resources, Ala. Code Title 38, Ch. 7
Summary
Birmingham allows family day care homes and family group care homes as home occupations under the Zoning Ordinance (No. 90-130, Title 1, Ch. 4, Art. IV, Sec. 1.F), with special allowances: up to six patrons at one time, limited non-resident staff, and outdoor play or seating areas. State child-care licensing through the Alabama Department of Human Resources applies separately under Ala. Code Title 38, Chapter 7.
6. The home occupation and all related activities, including storage, must be conducted completely within the dwelling unit or an accessory structure or garage, except that a family day care home or family group care home may include outdoor play and/or seating areas. ... 14. The following uses are examples of uses permitted as home occupations: ... c. Day care homes pursuant to Article II, Section 3, Item C.
Full Breakdown
Day care homes are expressly listed as a permitted home occupation in Birmingham (Zoning Ordinance Title 1, Ch. 4, Art. IV, Sec. c, referencing Article II, Section 3, Item C). The home-occupation standards build in accommodations for child care: while non-resident employees are generally barred, Family Care Homes may have one non-resident substitute employee and Family Group Homes may have one non-resident employee plus one substitute (not on premise at the same time). ' Birmingham's general home-occupation conditions (no external structural alterations, signage limits, business license and Home Occupation affidavit) still apply.
In addition, child day care in Alabama is licensed by the Department of Human Resources under Alabama Code Title 38, Chapter 7, and the Zoning Ordinance reminds operators that a City license does not eliminate compliance with Jefferson County Health Department, fire/safety, and building codes.
Violations & Fines
Operating a home daycare beyond the patron limits, with prohibited outdoor structures or excess staff, or without the required City business license and Home Occupation affidavit, violates the Zoning Ordinance and is enforced by Planning, Engineering and Permits. Operating without the required state child-care license is separately enforceable by the Alabama Department of Human Resources under Ala. Code Title 38, Ch. 7.
Frequently Asked Questions
Can I run a daycare out of my home in Birmingham?
Do I need a state license for a home daycare?
Can children play outside at a Birmingham home daycare?
Sources & Official References
Other rules in Birmingham
Compare Birmingham to another location·View the Alabama home business overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Home Daycare in Nearby Cities
How other cities in Jefferson County handle home daycare.