Fontana, CA Home Business: Home Daycare (2026)
Key Facts
- Small home capacity
- Up to 8 children
- Large home capacity
- Up to 14 children
- State license
- Required from DSS
- Local zoning
- Residential use by right
- Fire clearance
- Required for large homes
Summary
Fontana follows California law treating small and large family daycare homes as residential uses. State statutes preempt most local restrictions, but fire clearance and home occupation filings still apply.
1597.40. (a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting.
(b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home. (Repealed and added by Stats. 2019, Ch. 244, Sec. 6. (SB 234) Effective January 1, 2020.)
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
California Health and Safety Code sections 1597.40 through 1597.465 classify small family daycare homes (up to 8 children) and large family daycare homes (up to 14 children) as residential uses of property. Fontana cannot require conditional use permits, zoning variances, or business licenses that treat these homes differently from other single-family residences. Large family daycare homes are subject to a non-discretionary permit process focused on fire safety and basic zoning compliance. Operators must obtain a State of California Community Care Licensing Division license from Department of Social Services before opening. Fontana Fire Protection District conducts a fire clearance inspection for large homes verifying smoke alarms, carbon monoxide detectors, two means of egress from rooms used for napping, and fire extinguishers. Proposition 59 (2019) reinforced state preemption of local daycare restrictions. Contact Fontana Planning at (909) 350-7600 before operating.
Frequently Asked Questions
Can Fontana ban family daycare in my neighborhood?
Do I need a Fontana business license?
Sources & Official References
Other rules in Fontana
California rules heatmap·Compare Fontana to another location·View the California home business overview
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