Hendersonville, TN Home Business: Home Daycare (2026)

Tennessee Code § 71-3-501 defines a 'family child care home' as a place operated for three or more hours per day for at least five (5) but no more than seven (7) children unrelated to the primary caregiver. The maximum total number of children present — including the caregiver's related children — may not exceed twelve (12), with the exception that, in the caregiver's occupied residence, related children age 9 or older provided a separate space are not counted toward the cap. A state license issued by the Tennessee Department of Human Services (DHS) is required to operate a family child care home; the licensing standards are found in Tenn. Comp. R. & Regs. 1240-04-01-.20. Smaller arrangements (1-4 unrelated children) are typically exempt from licensing as informal care. Hendersonville Zoning Ordinance Chapter 10.3.3 governs day care homes locally: a day care home serving FOUR (4) OR FEWER children is permitted as an accessory use in any residential dwelling. A day care home serving MORE THAN FOUR (4) children requires a Conditional Use Permit from the Board of Zoning Appeals in residential zoning districts (excluding the Multi-Family Residential / MFR district). Day care homes are NOT regulated as Minor Home Occupations under Ch. 10.4.10 — they have their own framework. The TN state license is required for 5-7 unrelated children regardless of the local zoning approval. Tennessee state law does NOT broadly preempt local zoning of family child care homes (unlike some states such as California which preempts on-site small home daycares entirely), so Hendersonville's Conditional Use Permit requirement is enforceable. Operators must also meet DHS background checks, required training, immunization records, fire safety inspections, and supervision ratios under 1240-04-01.