Code Section

Health and Safety Code - HSC


  ( Division 2 enacted by Stats. 1939, Ch. 60. )

CHAPTER 3.6. Family Day Care Homes [1597.30 - 1597.622]
  ( Heading of Chapter 3.6 amended by Stats. 1984, Ch. 1615, Sec. 10.5. )


All of the following shall apply to small family day care homes:

(a)  The use of a single-family residence as a small family day care home shall be considered a residential use of property for the purposes of all local ordinances.

(b)  No local jurisdiction shall impose a business license, fee, or tax for the privilege of operating a small family day care home.

(c)  Use of a single-family dwelling for purposes of a small family day care home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purposes of local building codes.

(d)  A small family day care home shall not be subject to Article 1 (commencing with Section 13100) or Article 2 (commencing with Section 13140) of Chapter 1 of Part 2 of Division 12, except that a small family day care home shall contain a fire extinguisher and smoke detector device that meet standards established by the State Fire Marshal and one or more functioning carbon monoxide detectors that meet the requirements of Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of the carbon monoxide detectors during inspections.

(Amended by Stats. 2014, Ch. 503, Sec. 5. (AB 2386) Effective January 1, 2015.)