Utah Code §26B-2-404 licenses in-home daycare. Utah County permits residential daycare as a home occupation; larger operations (9+ kids) need a conditional use permit under Provo and Orem zoning.
Utah Code §26B-2-404 (formerly §26-39) and Utah Admin. Code R381 regulate three tiers of home child care under the Utah Department of Health and Human Services Office of Licensing. Residential Certificate: up to 8 children, operator-home, minimal state oversight. Family Child Care License: up to 12 children (including operator's own under 4), full state licensing with inspections. Family Group License: up to 16 children, additional requirements. Provo Code §14.34 and Orem Code §22 permit in-home daycare as a home occupation without a CUP at the Residential Certificate level (up to 8 kids); larger family child care in most residential zones requires a Conditional Use Permit. Requirements include Utah BCI background checks for everyone 12+, CPR and first aid certification, 35 square feet of indoor play space per child, fenced outdoor area, fire marshal inspection (Utah Code §53-7), and commercial liability insurance. Pickup/drop-off traffic is limited to preserve neighborhood character.
Operating unlicensed: closure and $500-$5,000 fine under UT §26B-2-417. Safety violations: license suspension or revocation by Utah DHHS. Exceeding capacity: immediate reduction required. Zoning violations in Provo/Orem: up to $1,000 per day (Provo Code §14.34).
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