Norfolk County, MA Home Business: Home Daycare (2026)
Key Facts
- County Rule?
- None
- State Licensing
- EEC under 606 CMR 7.00
- FCC Cap
- 6 full-time + 2 school-age
- Zoning Protection
- MGL c. 40A §3 by-right
- Fire Inspection
- Required before licensing
Summary
Family childcare in MA is licensed by the Department of Early Education and Care (EEC) under 606 CMR. MGL c. 40A §3 protects family daycare (up to 6-10 kids) as a by-right residential use: no local zoning can exclude it.
No zoning ordinance or bylaw in any city or town shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term ''child care facility'' shall mean a child care center or a school-aged child care program, as defined in section 1A of chapter 15D. [...] Family child care home and large family child care home as defined in section 1A of chapter 15D shall be an allowable use and no city or town shall prohibit or regulate such use in its zoning ordinances or by-laws.
Full Breakdown
Massachusetts family childcare is licensed statewide by the Department of Early Education and Care (EEC) under 606 CMR 7.00. Family Child Care (FCC): up to 6 children full-time plus 2 school-age part-time. Large Family Child Care: up to 10 children with an approved assistant. MGL c. 40A §3 expressly protects family daycare as a residential use, local zoning bylaws cannot prohibit or require special permits for state-licensed FCCs. EEC requires CORI/SORI background checks, CPR/first aid, orientation training, annual professional development, fire inspection, and liability insurance. Quincy, Brookline, and Weymouth cannot impose zoning barriers beyond what's in MGL c. 40A §3. Fire inspection by local FD mandatory before EEC licensing. Parking for drop-off must not create nuisance. Group daycare centers (11+ kids) are commercial uses subject to full zoning review.
Violations & Fines
Unlicensed childcare: EEC cease-and-desist, up to $10,000 under MGL c. 15D §6. License violations: suspension/revocation. Local zoning attempts to ban FCC: preempted under MGL c. 40A §3.
Frequently Asked Questions
What are typical penalties for violating daycare home rules?
Sources & Official References
Other rules in Norfolk County
Compare Norfolk County to another location·View the Massachusetts home business overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.