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Erie, PA Home Business: Home Daycare (2026)

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

Key Facts

Zoning status
Permitted by right in R-1, R-1A, R-2, RLB
License needed
Certificate of occupancy, Building Code Official
Required since
March 1, 2020
Annual fee
$100 to $500 by child count
State step
PA DHS certificate of compliance also required
Renewal
Annual, expires December 31
Penalty
Up to $300 per day of violation

Summary

Erie's zoning code lists family day-care homes as a permitted, by-right use in every residential district from R-1 through RLB, so no special exception hearing is needed to open one. But the City still treats it as a licensed child-care facility: Article 332 requires a Building Code Official-issued certificate of occupancy before the first child is dropped off.

CHILD-CARE FACILITY Any individual, corporation, incorporated or unincorporated organization, society, or agency which may receive or care for children under the age of 16 on a regular basis for a given part of a twenty-four-hour day regardless of remuneration. The term shall include but not be limited to day-care centers, family day-care homes, home child care, child day-care facilities, preschools, and foster homes. § 332.03. Certificate of occupancy required. From and after March 1, 2020, no person shall operate a child-care facility unless he/she holds a child-care facility certificate of occupancy ("C/O") issued by the Building Code Official. § 332.07. Licensing permit fee. The annual licensing fee shall be as follows: Maximum Number of Children / Licensing Fee (includes 1 inspection): 1 though 5, $100; 6 through 12, $150; 1 through 100, $200; Over 100, $500.

Full Breakdown

Erie's Zoning Ordinance places 'family day-care homes' on the permitted-use list for the R-1, R-1A, R-2, and RLB Districts under Section 204, meaning the use is allowed outright and does not go before the Zoning Hearing Board. City law still layers a separate licensing requirement on top of that zoning permission. 03 has required a City-issued certificate of occupancy for any such facility since March 1, 2020. The C/O application goes to the Building Code Official and must list the owner's and operator's names and addresses, the facility's street address and entrance locations, and the maximum number of children the home will serve, capped by the Uniform Construction Code and Appendix M of the International Residential Code.

Before the C/O issues, the applicant pays the annual fee and schedules a joint inspection with the Building Code Official, the Building Inspector, and the Fire Inspector; the C/O only issues once that inspection confirms compliance with the Uniform Construction Code and the operator also holds a certificate of compliance from the Pennsylvania Department of Human Services. The certificate runs on a calendar year, expiring every December 31 and requiring annual renewal at the then-current fee, with no discount for a partial year. 62.

Violations & Fines

Operating a family day-care home without the required certificate of occupancy is a violation of Article 332 punishable by a fine of up to $300, with each day of continued operation counted as a separate offense under Section 332.14. The City Solicitor may also pursue an injunction, mandamus action, or other court proceeding to force compliance, on top of any fine.

Frequently Asked Questions

Can I run a home daycare in an Erie residential zone?
Yes. Erie's Zoning Ordinance lists family day-care homes as a permitted use by right in the R-1, R-1A, R-2, and RLB Districts, so the zoning side does not require a hearing before the Zoning Hearing Board. You still need the separate Article 332 certificate of occupancy before you can legally operate.
What license does a family day-care home need in Erie?
Article 332 requires a child-care facility certificate of occupancy from the Building Code Official, issued only after a joint inspection by the Building Inspector and Fire Inspector and after the operator secures a certificate of compliance from the Pennsylvania Department of Human Services. This has been mandatory since March 1, 2020.
How much does Erie charge for a home daycare certificate?
The annual fee runs $100 for up to five children, $150 for six to twelve, $200 for larger counts, and $500 for facilities over 100 children, with no discount for partial-year licensing and a $65 charge for each additional inspection beyond the first.

Sources & Official References

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