Plainfield, NJ Home Business: Home Daycare (2026)
Key Facts
- Where allowed
- All residential zones
- Provider residency
- Provider must be the resident of the premises
- Annual filing
- Documentation to the Zoning Officer on an annual basis
- Capacity in the definition
- No more than five children at any one time
- Recreation area
- Never in a front yard; equipment stays in the fenced yard
- Childcare centers
- Not permitted home occupations
Summary
In the City of Plainfield, family day care homes are permitted home occupations in all residential zones, while childcare centers are not. The provider must live on the premises, give the Zoning Officer annual documentation of compliance with Division of Youth and Family Services requirements, and register under the Family Day Care Provider Registration Act.
Family day care homes are permitted home occupations. Childcare centers shall not be considered permitted home occupations. In order to provide for the safety of the children in the family day care homes, the following regulations must be followed: A. Family day care is permitted in all residential zones. B. The provider must be the resident of the premises, and must present the Zoning Officer with documentation of substantial compliance with all Division of Youth and Family Services requirements on an annual basis. The family day care home must be registered pursuant to the. "Family Day Care Provider Registration Act," per N.J.S.A. 46:8D-l et seq. C. For any family day care home not located in a single-family dwelling, side or rear yard which is utilized for recreation activity must be fenced in accordance with this chapter. No recreation area may be located in a front yard area. Any associated equipment shall be restricted to the fenced yard. D. The facility shall comply with all applicable BOCA, State of New Jersey and City building safety regulations.
Full Breakdown
Section 17:9-28 of the Plainfield Municipal Code treats a family day care home as a permitted home occupation and states that childcare centers shall not be considered permitted home occupations. Family day care is permitted in all residential zones in the City of Plainfield, and the section lists the safety conditions that must be followed.
The provider must be the resident of the premises. On an annual basis the provider presents the Zoning Officer with documentation of substantial compliance with all Division of Youth and Family Services requirements, and the home must be registered under the Family Day Care Provider Registration Act. Chapter 17 defines a family day care home as a private residence approved by the Division of Youth and Family Services or an organization the Division contracts with, operated in accordance with N.J.S.A. 40:55D-66.5 et seq., that provides child care services to no more than five children at any one time, excluding children legally related to the provider and children cared for as part of an employment agreement where no payment of care is made.
Outdoor play is regulated. For a home not located in a single-family dwelling, a side or rear yard used for recreation must be fenced in accordance with the fence section of Chapter 17, which caps residential side and rear yard fences at six feet under § 17:9-29. No recreation area can sit in a front yard, and associated equipment stays inside the fenced yard. The facility must also comply with all applicable BOCA, State of New Jersey and City building safety regulations.
Zoning enforcement runs through the Zoning Officer under § 17:1-20: a letter requesting compliance within ten days, then a certified letter with another ten days, then a summons prosecuted in Municipal Court.
Violations & Fines
Operating a childcare center as a home occupation, or running a family day care home without meeting the conditions of § 17:9-28, is a violation of Chapter 17. The Zoning Officer writes the owner, sends a certified letter, then issues a summons, and each day of noncompliance is an additional offense. Under § 17:1-23 the penalty is not more than $1,500 for the first ten days after the initial summons and not more than $75 per day after that.
Frequently Asked Questions
Can I run a family day care from my house in the City of Plainfield?
What does the Zoning Officer need to see each year in Plainfield?
How many children can a Plainfield family day care home watch?
Where can children play outside at a family day care home in Plainfield?
Sources & Official References
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