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Gwinnett County, GA Home Business: Home Daycare (2026)

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

Key Facts

Governing section
Sec. 42-55
Client threshold
4 to 6 clients
Fire permit
Required before construction
Occupancy
Certificate required before opening
Scope
Unincorporated county

Summary

Family day care homes for 4-6 children in unincorporated Gwinnett must get fire plan approval, inspections, and a certificate of occupancy before opening.

These county ordinances apply to unincorporated areas of Gwinnett County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Family day care homes, for purposes of the fire code, shall be defined as a day care home in which more than three, but fewer than seven, clients receive care, maintenance, and supervision by other than their relative(s) or legal guardian(s) for less than 24 hours per day, generally within a dwelling unit. Owners, their agents, or designees of all family day care homes are required to submit plans and specifications and obtain the required fire permits prior to construction or renovation...

Source: Georgia DECAL (Bright from the Start) — Family Child CareView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).

Full Breakdown

Sec. 42-55 defines a family day care home as one caring for more than three but fewer than seven clients, by someone other than a relative or guardian, generally within a dwelling unit. Owners, agents, or designees must submit plans and specifications and obtain fire permits before construction or renovation, pass fire inspections, and get a certificate of occupancy before conducting business, and the home must meet all fire codes and standards applicable to day care homes.

Violations & Fines

Operating without the required fire permits, inspections, or certificate of occupancy is a violation of the fire prevention article, carrying a minimum $250 fine for a first offense, minimum $500 for later offenses, up to $1,000 per day, and/or up to 60 days in jail under Sec. 42-22.

Frequently Asked Questions

How many kids can I care for at home in unincorporated Gwinnett without extra fire requirements?
Three or fewer clients falls outside the Sec. 42-55 family day care home definition; four to six clients triggers fire plan review, inspection, and a certificate of occupancy.
Do I need a fire inspection to run a home daycare?
Yes. Sec. 42-55(b) requires plans, fire permits, inspections, and a certificate of occupancy before conducting business as a family day care home.

Sources & Official References

Other rules in Gwinnett County

Noise Ordinances: Quiet HoursSome RestrictionsNoise Ordinances: Construction HoursSome RestrictionsZoning & Home Occupation PermitsSome RestrictionsCustomer Traffic RestrictionsSome RestrictionsSignage RulesHeavy RestrictionsNoise Ordinances: Leaf Blower RulesSome RestrictionsNoise Ordinances: Amplified Music & Outdoor SoundSome RestrictionsParking Rules: Abandoned VehiclesSignificant RestrictionsParking Rules: EV ChargingSome Restrictions

All Gwinnett County rules

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