Family day homes in Virginia Beach are authorized by Virginia Code §15.2-2292 and regulated by the Virginia Department of Education, Office of Child Care Health and Safety, under Virginia Code §22.1-289.02 et seq. Homes caring for up to four children unrelated to the provider are exempt from licensing; five to twelve children require a state license. Localities cannot prohibit licensed family day homes, and Virginia Beach treats them as permitted home occupations with notice requirements.
Oversight of home-based child care in Virginia transferred from the Department of Social Services to the Virginia Department of Education Office of Child Care Health and Safety (OCCHS) under 2020 legislation consolidating early childhood care. Under Virginia Code §22.1-289.02, a family day home is defined as a child day program in the residence of the provider. Homes caring for one to four children, excluding the provider's own, are exempt from state licensing but may voluntarily register. Homes caring for five to twelve children must obtain a state license covering staffing ratios, background checks (including Virginia State Police, FBI, and Child Protective Services central registry), medication administration training, CPR/first aid certification, daily program requirements, and annual inspection. Virginia Code §15.2-2292 prohibits local governments from treating licensed family day homes as non-residential uses and requires them to be permitted by right in any zoning district allowing single-family dwellings. Virginia Beach requires applicants to mail notice to adjoining property owners at least 30 days before licensing and to obtain a Home Occupation Permit. One small, non-illuminated identification sign is specifically allowed under the enabling statute for licensed family day homes notwithstanding the general sign ban on home occupations. Fire inspection and a safe outdoor play area fenced per state regulations are required.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Virginia Beach code enforcement directly for current fines, enforcement procedures, and hearing options.
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