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Somerville, MA Home Business: Home Daycare (2026)

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

Key Facts

State License
EEC via 606 CMR 7.00 required
Child Limit
6 children (10 with assistant)
Zoning
Residential use per MGL c.40A s.3
Lead Paint
Delead required for kids under 6
Contact
Somerville 311 or (617) 625-6600

Summary

Somerville family child care homes operate under MA EEC licensing (606 CMR 7.00) and are treated as residential uses under state law, with local zoning limited to safety and compatibility.

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.

Source: 606 CMR 7.00 Family Child CareView official code

Full Breakdown

Somerville follows Massachusetts General Laws c.28A and 606 CMR 7.00, which require licensing by the Department of Early Education and Care (EEC) for family child care providers. A licensed family child care home may serve up to 6 children (or up to 10 with an approved assistant). Under MGL c.40A s.3, a licensed family child care home is treated as a residential use and cannot be prohibited by local zoning, though it remains subject to health, safety, and building code requirements. Somerville Inspectional Services verifies smoke detectors, carbon monoxide detectors, egress, and compliance with the Massachusetts Lead Law (MGL c.111 s.197A) for any home serving children under 6. Background checks, CPR/first aid certification, and home inspections are conducted by EEC. Providers must maintain liability insurance and written emergency plans.

Frequently Asked Questions

Do I need a Somerville permit in addition to my EEC license?
No separate local permit is required, but your home must meet Somerville building, fire, and lead paint standards. Inspectional Services may inspect for life-safety compliance.
Can my neighbors block my family daycare?
No. Massachusetts law protects licensed family child care homes as residential uses. Neighbors cannot use zoning to prohibit them, though legitimate nuisance complaints can be enforced.

Sources & Official References

Other rules in Somerville

All Somerville rules

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Home Daycare in Nearby Cities

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