Requirements for Child Daycare

Childcare facilities operating in Boise must meet the city’s code requirements and obtain the required approvals.

The Idaho Department of Health and Welfare will process all applications for licenses and regulate licensing requirements.

Boise Fire Department will require an application and inspection fee for both facilities and in-home inspections.

Type of Daycares

Daycares and daycare operators licensed by the state must meet city’s code requirements. There are several categories for daycares in the city, with different regulations and application requirements.

Child daycare is referred to by the state and the city in different ways:

STATE	CITY	NUMBER OF CHILDREN
In-Home Daycare
Family Care	Home Occupation: Child Daycare	1-6
Group Care	Home Occupation: Child Daycare	7-12
Child Daycare Center (daycare provided outside the home)
Center Care	Child Daycare Facility	7-12
	Child Daycare Center, Small	13-25
	Child Daycare Center, Large	More than 26

Information about how to verify compliance with the city’s code for license renewal can be found below.

A new daycare may require an application through the Planning Division. Please refer to the table above to figure out what type of daycare will be provided, then reference the information for daycares, based on that category.

Renewals

IDHW requires verification that the daycare is following city code. To renew your child daycare license, please provide the following documentation to the State:

Home Occupation, 1–6 children: Fill out this form and present it to IDHW. No input or signature from the City is required.
For child daycare for 7 or more children: Please fill out the top section of this form and email it to: zoninginfo@cityofboise.org. City staff will review the information and confirm previous approvals. Once we can confirm the required entitlements are in place, staff will fill out and sign the bottom of the form and return it to the applicant. Please allow 10-15 days for this review process. The applicant will then provide that form and a copy of the previous approvals to the state to complete the license renewal process.

If the daycare wishes to renew their license but does not have previous approval (if required), then a new application must be submitted to Planning and Development Services.

Information about how to apply for a new child daycare can be found below.

New Applications

Please note that we do not accept paper applications, all applications must be submitted online.

A summary of the planning application process can be found here.

Family and Group Home Daycare

Adult and Child Daycare Facilities

Definitions

Family and Group Home Daycare

Code Requirements

Code requirements for daycare services provided in the operator’s home for up to 12 persons falls under Home Occupation.

Boise City Code: Home Occupation: Adult or Child Daycare (11-03-03 2. O.)

A Home Occupation, Child or Adult Daycare, for one to six adults or children, is allowed without submittal of an application or approval of a Zoning Compliance Review if it complies with all the standards below. A Home Occupation, Child or Adult Daycare, for seven to 12 adults or children, is allowed with approval of a Zoning Compliance Review if it complies with all the standards below:

1. The use shall require a Home Occupation, Child or Adult Daycare license as required by local or state law.

2. The use shall be incidental to the principal use of the dwelling as a residence.

3. If located on a collector or arterial street, the use shall provide for an on-site pick-up area designed to ease the flow of traffic and to prevent vehicles from backing onto the roadway (backing in an alley is permissible).

4. The use is permitted one 12 sq. ft. attached non-illuminated sign.

5. The use shall provide one off-street space per employee.

6. If the use includes a Home Occupation, Child Daycare, the use shall:

a. Provide a minimum outdoor play area of 100 square feet per child on site. This area requirement may be waived or modified if appropriate open space with connecting public sidewalks or paths is located near the facility and that open space can be used by the children as a play area; or the program of the facility is such that the size of a group of children using the play area at any one time conforms to the 100 square feet per child criteria.

b. Provide a minimum of 35 square feet of indoor gross floor area per child.

c. Maintain a valid Daycare license, as required by local or state law, in effect at all times.

d. Comply with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.

7. Omitted - not relevant

8. Discretionary Conditions for Approval: The Planning Director may condition the approval of a Home Occupation Child Daycare on the following conditions to protect the health, safety, and welfare of the children:

a. Additional fencing or landscape screening of the facility to protect the children from adverse activities such as traffic on arterial or collector streets or intersections, or to screen adjacent properties;

b. Additional setback from any property line to play areas to protect children from busy street, irrigation ditches, animal pastures, and other similar conflicts; or

c. Any other conditions deemed necessary by the Planning Director to protect the health, safe, and welfare of the children.

Required Applications

As code states, no application is required for Family Home Daycare of up to 6 children. However, the licensing agency may require confirmation that the daycare operator is aware of and follows our code.

For Family Daycare of up to 6 children, please read and sign this form and present it to the licensing agency as confirmation of code compliance.
For Family Daycare of 7-12 persons (adults or children), please submit an application for a Zoning Compliance Review. Once the application has been reviewed and approved, the operator will present the approval letter to the licensing agency.

Requirements and applications for Daycare facilities that are not in the home are different and are defined below.

Adult and Child Daycare Facilities (not in-home care)

Code Requirements

The code requirements for Adult and Child Daycare Facilities can be found here and are as follows:

A. Adult or Child Daycare Uses: Adult or Child Daycare Facilities and Centers (Small and Large) shall comply with the applicable standards below.

(1) Omitted - not relevant

(2) Standards for All Child Daycare Uses: Every Child Daycare use shall:

(a) Provide a minimum outdoor play area of 100 square feet per child on site. This area requirement may be waived or modified if appropriate open space with connecting public sidewalks or paths are located near the facility and that open space can be used by the children as a play area; or the program of the facility is such that the size of a group of children using the play area at any one time conforms to the 100 square feet per child criteria.

(b) Provide a minimum of 35 square feet of indoor gross floor area per child.

(c) Maintain a valid childcare license from the city and the State of Idaho in effect at all times.

(d) Comply with the regulations where applicable by law or jurisdiction of the Fire Department and the health inspector.

(e) Provide adequate lot size for parking, child pick-up area, play area, screening, and setbacks. In the case of a Family Daycare Home, the Planning Director shall determine needed improvements.

(f) Discretionary Conditions for Approval: The Planning Director may condition the approval of a Child Daycare Facility or Center on the following conditions to protect the health, safety and welfare of the children:

i. Additional fencing or landscape screening of the facility to protect the children from adverse activities such as traffic on arterial or collector streets or intersections, or to screen adjacent properties;

ii. Additional setback from any property line to play areas to protect children from busy streets, irrigation ditches, animal pastures, and other similar conflicts; or

iii. Any other conditions deemed necessary by the Planning Director to protect the health, safety, and welfare of the children.

(3) Additional Criteria for Adult and Child Care Uses by Type: In addition to the applicable criteria above, an Adult or Child Daycare use shall be subject to additional standards as indicated in Table 11-03.2.

TABLE 11-03.2: ADDITIONAL CRITERIA FOR ADULT AND CHILD DAYCARE USES BY TYPE
Principal Uses
CRITERIA	ADULT OR CHILD DAYCARE FACILITY	ADULT OR CHILD DAYCARE CENTER, SMALL	ADULT OR CHILD DAYCARE CENTER, LARGE
NUMBER OF PERSONS ALLOWED	7-12	13-25	≥ 26
The use shall provide for an on-site pick-up area designed to ease the flow of traffic and to prevent vehicles from backing onto the roadway (backing in an alley is permissible).	Applicable if located on a collector or arterial street.	Applicable
Allowable signage shall be non- illuminated and as indicated. The applicant’s proposal for signage should be submitted and considered during the review process.	One 12 sq. ft. attached sign	One 12 sq. ft. attached sign	As allowed by the applicable zoning district.
Minimum parking to be provided shall be as indicated.	1 off-street space per employee	1 off-street space per 10 persons, with a minimum of 2 spaces (except the MX-5 zoning district, where off-street parking is not required.)
Facility location shall be as indicated.		The project site shall be located entirely within 500 ft of a collector or arterial roadway (as determined by the Ada County Highway District Master Street Map)	On a collector or arterial street; or if for school age children, within 300 ft. of the school grounds; or in a park, community center, or similar.

Required Applications

Daycare uses that fall into these categories will either require approval through a Zoning Certificate or a Conditional Use Permit, depending on the zone of the proposed facility.

Please go to the Table of Allowed Uses to see which application type will be required for the location and the number of children served. (Please scroll down the table to find “adult or child daycare”)

If the cell that applies to your use and zone has an A* in it, a Zoning Certificate is required. This is a staff level approval that takes 1-2 months to review.
If the cell that applies to your use and zone has a C* in it, a Conditional Use Permit is required. This is an application that is decided by the Planning and Zoning Commission. This can take 6 months or more to move through the application process and get to a hearing.

The planning process is explained here.

The definition for Adult and Child Daycare Facilities can be found here, and are provided below.

Definitions

Adult or Child Daycare A facility, by whatever name known, that is maintained for the whole or part of a day for the care of children or for elderly and/or functionally impaired adults, and that is not located in a dwelling unit occupied by any of the operators of the facility. The facility shall be operated with or without compensation for such care and with or without stated educational purposes and shall hold a valid state license for the operating of an adult or child daycare center that provides daycare services, including monitoring of clients, social and recreational services, food and nourishment, and health support services.

Adult or Child Daycare Center, Large: An Adult or Child Daycare providing for 26 or more persons.
Adult or Child Daycare Center, Small: An Adult or Child Daycare providing for 13 to 25 persons.
Adult or Child Daycare Facility: An Adult or Child Daycare providing for seven to 12 persons.

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Requirements for Child Daycare