Irvington, NJ Home Business: Home Daycare (2026)
Key Facts
- State filing required
- NJ DHS registration
- Filing deadline
- before certificate of occupancy
- Building type allowed
- single-family houses only
- Zones allowed
- all residential zones
- Statutory basis
- N.J.S.A. 40:55D-66.5d
Summary
Family day-care homes in Irvington are limited to single-family houses in residential zones and require the operator to register with the New Jersey Department of Health Services before the Township issues a certificate of occupancy. Township Code Sec. 650-52 also bars siting near hazardous conditions.
A. Any residence used for the purpose of providing a family day-care home shall be required to register with the New Jersey Department of Health Services, Division of Youth and Family Services, and to place on file with the Township a certificate of registration, prior to the Township granting a certificate of occupancy for the use. B. Family day-care homes shall be permitted in all residential zones, but they shall be permitted only in conjunction with single-family houses. C. Family day-care homes shall not be located near or adjacent to areas determined to be hazardous to the physical health and safety of the children. D. The residence used for such purposes shall be required to meet all of the applicable standards and regulations for single-family houses in the zoning district in which it is located, pursuant to N.J.S.A. 40:55D-66.5d.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996945; v39 updated 2026-07-13; through 07-13-2026).
Full Breakdown
Sec. 650-52 sets four conditions for a family day-care home operating as a permitted or conditional use. Subsection A requires the residence to register with the New Jersey Department of Health Services, Division of Youth and Family Services, and to place on file with the Township a certificate of registration, prior to the Township granting a certificate of occupancy for the use, the same filing-before-occupancy sequence Chapter 650 applies to full child-care centers under Sec. 650-49, but using the lighter state registration rather than a full license.
Subsection B confines the use type: family day-care homes shall be permitted in all residential zones, but they shall be permitted only in conjunction with single-family houses, which rules out a family day-care home inside a multifamily building or an accessory structure detached from the single-family house. Subsection C applies the same undefined hazard standard used for child-care centers, barring siting near or adjacent to areas determined to be hazardous to the physical health and safety of the children. A. 5d, the state Municipal Land Use Law provision that authorizes municipalities to regulate family day-care homes as a permitted accessory use in residential zones.
Violations & Fines
Operating a family day-care home without filing the state registration with the Township, running one from anything other than a single-family house, or siting one in a hazardous location under Sec. 650-52 is enforced as a Chapter 650 zoning violation under Sec. 650-94: up to $1,000, up to 90 days' imprisonment, or both, per continuing day of violation.
Frequently Asked Questions
Can I run a family day-care home out of an apartment in Irvington?
Do I need to register a home day-care with the state before opening in Irvington?
What state law lets Irvington regulate family day-care homes this way?
Sources & Official References
Other rules in Irvington
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