Brentwood, CA Home Business: Home Daycare (2026)

California state law strongly preempts local regulation of family day care homes. Health and Safety Code Section 1597.45 classifies a small family day care home (serving up to 8 children including the provider's own) as a residential use of property for purposes of all local ordinances, meaning Brentwood must treat it exactly like any other single-family residence. Section 1597.46 extends similar protection to large family day care homes (serving up to 14 children) but allows the city to apply non-discretionary standards for spacing, parking, and noise. The operator must obtain a state license from the California Department of Social Services (CDSS), Community Care Licensing Division. State license requirements include background checks (LiveScan) for all adults in the home, CPR and first aid certification, a TB clearance, a fire clearance, and completion of preservice training. Licensed providers must carry liability insurance or provide a bond, and must give parents a written notice if not insured. Brentwood cannot require a use permit, zoning clearance, or business license for a small family day care home, though a City Business License is typically required for a large family day care home operator. Fire safety inspections are coordinated through East Contra Costa Fire Protection District. Pool, spa, or water feature barriers must meet state safety standards (Health and Safety Code 115920 et seq.). Neighbors cannot block licensing through zoning complaints, but legitimate code violations (unpermitted construction, excessive noise, blocked sidewalks) remain enforceable. Home-based child care outside state licensure (for example, occasional babysitting for relatives) is not regulated as a day care home.