Gaithersburg, MD Home Business: Home Daycare (2026)

Home daycare is one of the most heavily regulated home-based activities in Gaithersburg because it involves the care and safety of children. The regulatory framework is primarily state-level, administered by the Maryland State Department of Education (MSDE) Office of Child Care, with county zoning and building code requirements layered on top. A Family Child Care Home is the smaller registration category, allowing the provider to care for up to 8 children at a time, including the provider's own children under age 6. MSDE registration requires completion of a 24-hour pre-service training program covering child development, health and safety, nutrition, and business management. The provider and all household members over age 18 must pass background checks through both the Maryland Criminal Justice Information System (CJIS) and the FBI fingerprint database. The home must meet fire safety standards including working smoke detectors on every level, a fire extinguisher in the kitchen, and two clear exits from the childcare area. An initial on-site inspection by an MSDE licensing specialist verifies compliance before registration is granted. Ongoing inspections occur at least annually and may be unannounced. A Large Family Child Care Home is the larger license category, allowing care for 9 to 12 children and requiring a full MSDE license (not just registration). This category requires at least one additional adult caregiver beyond the primary provider at all times when more than 8 children are present. The primary provider must hold at least a Child Development Associate (CDA) credential or equivalent, and the facility must meet enhanced space requirements (at least 35 square feet of usable indoor space per child and 75 square feet of outdoor play space per child). Montgomery County Zoning Ordinance Chapter 59 classifies family child care as a conditional use or permitted use in residential zones, depending on the zone and number of children. This classification is separate from the home occupation system. The key zoning requirements for home daycare include maintaining a safe outdoor play area that is fenced and free of hazards, providing adequate off-street space for parent drop-off and pick-up to avoid traffic congestion on the street, ensuring that the building meets all applicable building and fire codes for the number of children served, and limiting noise and activity impacts on adjacent properties. Gaithersburg building permits may be required for structural modifications to accommodate a daycare, such as adding a bathroom, widening doorways for accessibility, modifying exits, or converting a garage or basement into childcare space. All such modifications must comply with the International Building Code as adopted by Montgomery County. The Maryland EXCELS quality rating system provides voluntary quality improvement ratings for child care providers, and participating in EXCELS can help providers attract families and qualify for higher reimbursement rates under the state child care subsidy program. EXCELS ratings range from 1 (basic compliance) to 5 (highest quality) and are publicly available for parents to review.