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Caldwell, ID Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Max children, in-home daycare
12, including provider's own
State license filing deadline
30 days of receipt
Allowed hours (residential)
6:00 a.m. to 11:00 p.m.
Outdoor fence height
6 feet, nonscalable
Governing section
Caldwell City Code § 10-12-03-14

Summary

Caldwell caps in-home daycares at twelve children including the provider's own, requires state licensure filed with Planning and Zoning within thirty days, limits residential hours of operation to 6:00 a.m. to 11:00 p.m., and mandates fenced outdoor play areas under City Code Section 10-12-03-14.

(1) All in-home daycares, daycare centers, and/or preschools shall abide by all state of Idaho code and/or licensure requirements and shall also receive state licensure regardless of the type of daycare and regardless of the number of children cared for. All types of daycares shall submit to the planning and zoning department a copy of their state license within thirty (30) days of receipt. ... ... A. In-home daycares shall not provide care for more than twelve (12) children, including the provider’s own children under age 13; ... (4) In residential districts or adjacent to an existing residence, the hours of operation shall be limited to the hours between 6:00 a.m. and 11:00 p.m. This standard may be modified through approval of a Special Use Permit. (5) Any and all outdoor play areas shall be completely enclosed by minimum six-foot nonscalable fences to secure against exit/entry by small children and to screen abutting properties.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 Code: Local legislation current through Ordinance 3747, passed 3-16-2026).

Full Breakdown

Caldwell City Code Section 10-12-03-14 governs in-home, family, and group daycares operating out of a residence. Every daycare, regardless of size, must hold Idaho state licensure and submit a copy of that license to the Planning and Zoning Department within thirty days of receiving it. The section draws the line between a home-based use and a commercial facility at the number of children present at one time: an in-home daycare cannot care for more than twelve children, counting the provider's own children under age 13, and any operation serving thirteen or more children must relocate to a nonresidential facility.

Home operators must also provide paved on-site pickup, parking, and turnaround areas shown on a site plan so parents can safely load and unload children. , though the Planning Director can approve a Special Use Permit to modify that window. Any outdoor play area must be enclosed by a nonscalable fence at least six feet tall to keep small children in and screen the yard from neighbors, play equipment cannot sit in the front yard, and outdoor play in residential settings must stop by dusk.

Finally, the home-based use cannot emit lighting, noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling, a nuisance standard aimed squarely at protecting adjoining residential properties from a business use next door.

Violations & Fines

Operating an unlicensed home daycare, exceeding the twelve-child cap, running outside the permitted hours, or skipping the required fencing violates Caldwell City Code Section 10-12-03-14 and is enforced as a zoning violation under Section 10-03-10. The city issues a notice of violation and can pursue fines or imprisonment up to the maximum set by Idaho Code Section 50-302, with each day of continued violation a separate offense.

Frequently Asked Questions

How many children can a Caldwell home daycare watch?
No more than twelve children under age 13 at one time, including the provider's own children; care for thirteen or more requires a nonresidential facility under Section 10-12-03-14.
Does a Caldwell home daycare need a state license?
Yes. All in-home daycares must obtain Idaho state licensure and submit a copy to the Planning and Zoning Department within thirty days of receiving it, regardless of how many children are cared for.
What are the allowed operating hours for a home daycare in Caldwell?
In residential districts or next to an existing home, operation is limited to 6:00 a.m. through 11:00 p.m. unless the operator obtains a Special Use Permit modifying that window.

Sources & Official References

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