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.
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.
Contact your local code enforcement office for specific penalty information.
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