A family child care home is a permitted accessory use in East Honolulu under the Land Use Ordinance, allowing care for up to 6 unrelated children at any given time with no exterior alterations inconsistent with the residential character of the building, in addition to State of Hawaii child-care licensing.
Home daycare in East Honolulu is regulated as a distinct accessory use in the City and County of Honolulu Land Use Ordinance. Under Revised Ordinances of Honolulu (ROH) Section 21-5.50(c)(2), enacted by Ordinance 25-2, a 'Family Child Care Home' is defined as 'an accessory use in a private residence at which care is provided for up to 6 children at any given time who are unrelated to the caregiver by blood, adoption, guardianship, marriage, or other duly authorized custodial relationship.' The standards provide that no more than 6 children may be cared for at once; that no internal or external alterations inconsistent with the residential use and character of the building are permitted; and that employees are limited to household members plus, in an emergency that renders the principal caregiver unavailable, one non-household substitute caregiver (not to exceed five days per calendar month plus a single instance of up to 14 days annually). The predecessor home occupation rule (Section 21-5.350(b)) similarly allowed a single substitute caregiver during emergencies. Separately, family child care homes in Hawaii must be registered or licensed by the State Department of Human Services under HRS Chapter 346 and its administrative rules.
Operating a family child care home that exceeds the 6-child limit or makes prohibited alterations is a Land Use Ordinance violation enforced by the Department of Planning and Permitting; operating without required State registration is separately enforced by the Department of Human Services.
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