Tulare, CA Home Business: Home Daycare (2026)

Cal. Health & Safety Code § 1597.45 defines a 'small family daycare home' (care for up to 8 children, including the operator's own children under 10) and a 'large family daycare home' (care for 7 to 14 children, again including the operator's own under 10). The statute provides that '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.' Section 1597.455 expressly bars local jurisdictions from imposing a business license, fee, or tax on a family daycare home, and SB 234 (2019) extended these protections so that large family daycare homes are also use-by-right (previously they could trigger conditional-use permits). Operators must be licensed by the California Department of Social Services Community Care Licensing Division (CCLD), carry liability insurance under § 1597.531, comply with the California Building and Fire codes (operator must comply with the Tulare Building/Fire codes adopted under Title 15), and post the license on site. Tulare-specific requirements that go beyond CCLD licensing, fire/building inspection, and the state preemption rules cannot be enforced.