Important updates for family child care homes!
Important updates for family child care homes!
Session Law 2025-36 outlines the specific requirements a family child care home must meet prior to the issuance of a new license and/or an increase in capacity. In consultation with our partners at the Office of State Fire Marshal, DCDEE has learned the following:
- This change applies to new family child care homes and any existing family child care home that makes a change to their license (increase capacity, change of location, etc.).
- This change in statute is not retroactive and will sunset once new rules are adopted by the Residential and Building Code Councils.
- Local ordinances and HOA requirements are still applicable, however there are no R4 occupancy requirements for any of the capacity options.
- To proceed with an increase in capacity, ensure there are no local ordinances or HOA covenants that prohibit the increase. Then once you have met the following five requirements*, submit a request for an increase in capacity in writing to your licensing consultant. They will schedule a visit and once compliance is verified, they will issue a new permit. *FCCH operators currently meet the requirements outlined in items one and three, in accordance with child care rules .1701(1) and .1714.
The code requirements and guidance to achieve compliance:
- Rooms and areas within a family child care home where occupants receive care shall be on the same level of exit discharge. (aligns with rule .1707(1))
- Rooms and areas within a family child care home where occupants receive care shall be located on the same level with, and within a maximum of 40 feet travel distance to, at least one 2A:10B:C fire extinguisher.
- Ensure there is at least one fire extinguisher within forty feet travel distance from each room and areas used by children. One centrally located fire extinguisher may meet the requirement and/or additional fire extinguishers may be required. It depends on the size of the home. Currently child care rule .1707(4) only requires one fire extinguisher for every 2500 square feet of floor area.
- A family child care home shall have and maintain a Fire Safety, Evacuation, and Lockdown Plan compliant with Section 404 of the North Carolina Fire Code. (aligns with rule .1714)
- A family child care home shall have carbon monoxide alarm and detection systems compliant with Section 915 of the North Carolina Building Code and Section R315 of the North Carolina Residential Code.
- Ensure there is an electrically operated carbon monoxide detector in every room children sleep and depending on the layout of the home an additional carbon monoxide detector may need to be installed near the garage and any space that has gas appliances.
- This means there must be a carbon monoxide detector in any room where children may sleep and in areas, including near the garage, that carbon monoxide can be found (ex: rooms with gas log fireplaces, kitchens that use gas stoves, every room used by children if the house is heated with a system using propane).
- A family child care home shall have smoke alarms compliant with Section R907 of the North Carolina Building Code and Section R314 of the North Carolina Residential Code.
- Ensure there is an electrically operated smoke detector in every room children sleep and an additional smoke alarm in adjacent areas used by children.
- If children use and sleep in the same room, compliance with child care rules may meet this requirement. Currently, child care rule .1707(3) requires one electrically operated smoke detector with battery back up or one electrically operated, and one battery operated smoke detector located next to each other.
NOTE: Changes that require electrical wiring such as the smoke detector and/or carbon monoxide detector must be completed by an electrician and within the parameters of a building permit. Licensing consultants will need to verify the work was completed by an electrician and see a final inspection completed by local inspectors. Contact your local building inspection office if you have questions about making electrical changes within your home.
If you have questions about the child care rules or this legislative change, please contact your licensing consultant.