Washington Statewide Rule
Washington Family Home Child Care Licensing Preemption
Key Facts
- Licensing Agency
- DCYF
- Zoning Status
- Residential use
- Maximum Children
- 12 in family home
- Statute
- RCW 43.216
Summary
Washington licenses family home child care providers through DCYF and preempts local zoning that would treat licensed home daycares as commercial uses requiring special permits.
Except as provided in subsections (2) and (3) of this section, no city or town may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's facility serving twelve or fewer children.
Full Breakdown
RCW 43.216 and Chapter 35.63 RCW establish that licensed family home child care serving 12 or fewer children is a residential use and must be permitted in any residential zone without special use or conditional use permits. Cities and counties may not impose zoning, fire, or building code requirements more restrictive than state licensing standards under WAC 110-300. Providers must obtain a Department of Children, Youth, and Families (DCYF) license, complete background checks, meet health and safety training, and comply with caregiver-to-child ratios. Local jurisdictions retain authority over reasonable parking and signage rules.
Violations & Penalties
Operating an unlicensed family home child care can result in cease-and-desist orders, civil penalties up to $250 per day under RCW 43.216.395, and criminal misdemeanor charges for repeat violations.
Frequently Asked Questions
Can my Washington city require a conditional use permit for my home daycare?
How many children can I care for in a Washington home daycare?
Sources
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