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San Bernardino, CA Home Business: Home Daycare (2026)

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

Key Facts

State Preemption
CA H and S Code 1597.40
Small Home Capacity
Up to 8 children
Large Home Capacity
Up to 14 children
Licensing Agency
CA Community Care Licensing
City Contact
(909) 384-5122

Summary

San Bernardino family child care homes are protected by CA Health and Safety Code 1597.40. Licensed small homes up to 8 children and large homes up to 14 are a residential use by right citywide.

1597.40. (a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting. (b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home.

Source: CA Health and Safety Code 1597.40View official code

Full Breakdown

47, a licensed family child care home operating in a provider residence is treated as a residential use. San Bernardino cannot require a conditional use permit, business license fee beyond what ordinary home businesses pay, or neighborhood notice solely because the home provides child care. Small family child care serves up to 8 children and large family child care serves up to 14 children, each licensed by the California Department of Social Services Community Care Licensing Division. The San Bernardino Fire Department must perform a pre-licensing inspection that verifies smoke alarms, carbon monoxide alarms, a fire extinguisher, two exits, and a posted evacuation plan.

Providers must keep an approved outdoor play area, typically 75 square feet per child outdoors and 35 square feet indoors. Parking impacts are handled through staggered drop-off windows rather than off-street parking mandates, because state law forbids requiring additional parking for family child care. The San Bernardino Municipal Code still requires the home to comply with general building safety and noise standards, and any structural changes or accessory buildings used for care require city permits through the Community and Economic Development Department at 909-384-5122. Zoning complaints are screened through Code Enforcement but dismissed if the home holds a valid state license.

Frequently Asked Questions

Do I need a San Bernardino use permit to run a home daycare?
No. California Health and Safety Code 1597.45 treats licensed family child care as a residential use by right. The city cannot require a conditional use permit. You still need a state license and a fire clearance.
Can my neighbors stop me from opening a family child care?
Neighbors can file complaints about noise or parking, but objections solely about the daycare use are preempted by state law. Keep children under the licensed cap and observe quiet hours to avoid valid nuisance claims.

Sources & Official References

Other rules in San Bernardino

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