Skip to main content
CityRuleLookup

Rialto, CA Home Business: Home Daycare (2026)

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

Key Facts

Small family daycare
8 or fewer children - residential use by right (HSC 1596.78, 1597.45)
Large family daycare
7 to 14 children - residential use by right
Local fees
Rialto may not impose a business license, fee, or tax (HSC 1597.45)
Rialto exemption
Licensed child care exempt from home occupation permit (RMC 5.68.040(D))

Summary

State law makes small (up to 8 children) and large (7 to 14 children) family daycare homes a residential use by right, and Rialto cannot impose a business license, fee, or tax on them. RMC 5.68.040(D) expressly exempts state-licensed child care from the city's home occupation permit requirement.

The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances. ... A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.

Full Breakdown

45 (as amended by SB 234) provides that the use of a home as a small or large family daycare home is a residential use of property and a use by right for purposes of all local ordinances, including zoning, and prohibits any local jurisdiction from imposing a business license, fee, or tax for the privilege of operating one. 78 defines a family daycare home as a facility regularly providing care for 14 or fewer children in the provider's own home for periods of less than 24 hours per day, with small family daycare homes serving eight or fewer children and large family daycare homes serving 7 to 14 children, counts that include resident children under 10.

040(D) states that the home occupation chapter does not apply to any child care institution, day care center, group home, or day care home duly licensed by the appropriate federal, state, or local agency. Providers must still obtain a state child care license from the California Department of Social Services.

Violations & Fines

Operating an unlicensed family daycare violates state licensing law (HSC 1596.70 et seq.), enforced by the California Department of Social Services. The city cannot penalize a duly licensed family daycare home through business license or home occupation requirements.

Frequently Asked Questions

Do I need a Rialto home occupation permit to run a daycare from my house?
No. RMC 5.68.040(D) exempts state-licensed child care facilities from the home occupation chapter, and HSC 1597.45 bars the city from requiring a business license, fee, or tax for a small or large family daycare home. You do need a child care license from the California Department of Social Services.
How many children can a home daycare in Rialto care for?
Under HSC 1596.78, a small family daycare home may serve up to 8 children and a large family daycare home 7 to 14 children, including children under 10 who live in the home. Both categories are a residential use by right under state law.

Sources & Official References

Other rules in Rialto

All Rialto rules

California rules heatmap·Compare Rialto to another location·View the California home business overview

Get notified when Home Daycare in Rialto, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Home Daycare in Nearby Cities

How other cities in San Bernardino County handle home daycare.

Hesperia, CA
Light Restrictions
San Bernardino, CA
Light Restrictions
Fontana, CA
Light Restrictions
Chino, CA
Some Restrictions
Rancho Cucamonga, CA
Some Restrictions
Ontario, CA
Some Restrictions
Victorville, CA
Significant Restrictions