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Federal Way, WA Home Business: Home Daycare (2026)

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

Key Facts

Max Children (Home)
12 or fewer
State Preemption
RCW 35.63.185
Licensing Agency
Washington DCYF
City Permit
Business registration required
Zoning Code
FWRC Title 19

Summary

Federal Way permits family home child care in single-family homes. State-licensed providers caring for 12 or fewer children are allowed under RCW 35.63.185 and Federal Way Revised Code Title 19 zoning.

RCW 35.63.185 Family day-care provider's home facility — City may not prohibit in residential or commercial area — Conditions.

(1) Except as provided in subsections (2) and (3) of this section, no city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.

(2) A city may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of children, youth, and families licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.

(3) A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility.

Source: RCW 35.63.185 Family Home Child CareView official code

Full Breakdown

Federal Way Revised Code (FWRC) Title 19 Zoning and Development Code allows family home child care as a permitted accessory use in residential zones, consistent with RCW 35.63.185. This state law preempts local bans on state-licensed family home child care serving 12 or fewer children in single-family residential zones. Providers must hold an active license from the Washington Department of Children, Youth, and Families (DCYF) under WAC 110-300. A Federal Way business registration through the Washington Business Licensing Service is required, with the city endorsement added. Larger child care centers require FWRC commercial zoning review and may need a conditional use permit or process review. Off-street parking must accommodate drop-off without blocking streets or neighbor driveways. Outdoor play areas must meet safety fencing standards and, where applicable, Lakehaven Water and Sewer District cross-connection requirements.

Violations & Fines

Operating without DCYF licensing or Federal Way business registration can result in code enforcement citations. Zoning violations for exceeding capacity or creating nuisance impacts carry fines starting at 250 dollars per day.

Frequently Asked Questions

Can I run a daycare from my Federal Way home?
Yes. State law RCW 35.63.185 allows family home child care for 12 or fewer children in any residential zone with DCYF licensing plus a Federal Way business registration.
Do I need a zoning permit?
No conditional use permit is required for state-licensed family home child care. Larger commercial child care centers require FWRC Title 19 review.

Sources & Official References

Other rules in Federal Way

All Federal Way rules

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