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Bristol County, MA Home Business: Home Daycare (2026)

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

Key Facts

Small License
Up to 6 children
Large License
Up to 10 (with assistant)
Regulator
EEC (606 CMR 7.00)
Zoning
Protected (MGL ch. 40A §3)
Insurance
Required

Summary

Home childcare in Massachusetts licensed by EEC (Department of Early Education and Care). Family Child Care licenses allow up to 6 or 10 children. MGL ch. 40A §3 prevents local zoning from barring licensed family childcare.

City-specific rules exist: New Bedford, and Fall River have their own home daycare rules that differ from Bristol County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Section 3. [...] 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

Home-based childcare in Bristol County is licensed by the Massachusetts Department of Early Education and Care (EEC) under 606 CMR 7.00. A Family Child Care license covers up to 6 children (including provider's own under age 7), and a Large Family Child Care license with a certified assistant allows up to 10. Requirements include CORI/SORI background checks, CPR and first-aid certification, lead-paint compliance for pre-1978 homes, fire inspection by the local fire department, minimum indoor and outdoor space per child, and liability insurance. Under MGL ch. 40A §3, a licensed family childcare home is a protected residential use: municipalities cannot require a special permit or zoning variance. Pickup/drop-off traffic, however, can be regulated for safety. Fall River, New Bedford, and Taunton fire departments inspect routinely.

Violations & Fines

Unlicensed operation: EEC closure order and fines $100 to $500 per day per child. Safety violations: license suspension. Exceeding capacity: immediate reduction required.

Frequently Asked Questions

What are typical penalties for violating daycare home rules?
Most Bristol County home business violations start with a written warning followed by escalating civil fines for repeat offenses. Specific dollar amounts and any criminal-misdemeanor exposure depend on the section of code; consult Bristol County's municipal code or staff for the current penalty schedule.

Sources & Official References

Other rules in Bristol County

All Bristol County rules

Compare Bristol County to another location·View the Massachusetts home business overview

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Home Daycare in Cities Across Bristol County