Fairfax County, VA Home Business: Home Daycare (2026)
Key Facts
- Governing chapter
- Fairfax County Code Chapter 30, Article 3
- Permit issued by
- Director of Early Childhood Programs and Services
- Application fee
- $14 plus any business license tax
- Nonresident child cap
- 4 children at any one time
- Training required
- 16 hours plus current CPR/first aid
- Penalty for no permit
- Class 2 misdemeanor
- Appeal deadline
- 10 business days after denial or revocation
Summary
Operating a home child care facility in Fairfax County without a permit is unlawful under County Code Section 30-3-1. The Director of Early Childhood Programs and Services issues annual permits after fingerprinting, a criminal-history and central-registry check, and a facility inspection, and caps enrollment by age group.
It is unlawful to operate a home child care facility within the County without a valid permit. Permits shall be issued by the Director of Early Childhood Programs and Services on an annual basis. Permits shall be valid for a period of one year from the date of issuance. ... The total number of nonresident children at a home child care facility at any one time shall not exceed four; and ... the total number of children at a home child care facility at any one time, including any resident children who are less than ten years of age, shall not exceed eight. ... Any person operating a home child care facility without the permit required by this Article shall be guilty of a Class 2 misdemeanor as provided in Section 1-1-12 of this Code.
Full Breakdown
Chapter 30, Article 3 governs 'home child care facilities': any dwelling where a person is paid to regularly care for children who do not live there, for part of the day at least four days a week (Section 30-1-1). Section 30-3-1 makes it unlawful to operate one without a valid permit, issued annually by the Director of Early Childhood Programs and Services. Applicants and every adult in the home submit fingerprints and personal data to the Central Criminal Records Exchange and FBI, plus a five-year multistate criminal-history and sex-offender-registry check and a search of Virginia's child abuse and neglect central registry (Section 30-3-2).
The application fee is $14, on top of any business license tax. Applicants must hold current CPR and first-aid certification and complete 16 hours of approved training covering child development, discipline, nutrition and emergency preparedness (Section 30-3-4); anyone administering medication needs additional Board of Nursing-approved training. Under Section 30-3-5, a facility may not exceed four nonresident children at once, four children under age two including residents, six children not yet school-age, or eight children under age ten total. 1). The Director and the Fire Code Official inspect the home before issuing the permit and may re-inspect with consent or a warrant (Section 30-3-8).
A provider who fails to comply can have the permit suspended on ten days' written notice, or immediately if the Director finds an exigent health or safety hazard (Section 30-3-9).
Violations & Fines
Operating without a permit is a Class 2 misdemeanor under Fairfax County Code Section 1-1-12, referenced directly in Section 30-3-9(a). The Director of Early Childhood Programs and Services can suspend or revoke a permit for violations of the Chapter or the permit terms, giving at least ten calendar days' written notice unless conditions pose an immediate danger, in which case the suspension takes effect at once and notice follows as soon as practicable.
Frequently Asked Questions
Do I need a permit to babysit a few neighborhood kids in Fairfax County?
How many children can I care for at once?
What happens if I operate without a permit?
Can I appeal if my permit is denied?
Sources & Official References
Other rules in Fairfax County
Compare Fairfax County to another location·View the Virginia home business overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.