Arkansas § 20-78-229 Compliance with local regulations - Childcare family homes - Exceptions - Definitions

Arkansas Statutes

§ 20-78-229 — Compliance with local regulations - Childcare family homes - Exceptions - Definitions

Arkansas § 20-78-229

Title20

This text of Arkansas § 20-78-229 (Compliance with local regulations - Childcare family homes - Exceptions - Definitions) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 20-78-229 (2026).

Text

(a)As used in this section:

(1)"Childcare family home" means a childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment; and (2) "Local governing authority" means the governing body of the municipality or county where a childcare facility is located.

(b)(1) The Division of Child Care and Early Childhood Education shall require any childcare facility seeking licensure under this subchapter to comply with applicable zoning and land use development regulations of the municipality and county where the childcare facility is located.

(2)Failure to comply with applicable zoning and land use regulations is grounds for the denial of a license of a childcare facility.

(c)(1) A local governing authority shall treat a childcare

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(a) As used in this section: (1) "Childcare family home" means a childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment; and (2) "Local governing authority" means the governing body of the municipality or county where a childcare facility is located. (b) (1) The Division of Child Care and Early Childhood Education shall require any childcare facility seeking licensure under this subchapter to comply with applicable zoning and land use development regulations of the municipality and county where the childcare facility is located. (2) Failure to comply with applicable zoning and land use regulations is grounds for the denial of a license of a childcare facility. (c) (1) A local governing authority shall treat a childcare family home as residential property use in the application of local regulations, including without limitation: (A) Zoning; (B) Land use development; (C) Fire and life safety; (D) Sanitation; and (E) Building codes. (2) Residential property use for zoning purposes includes without limitation single-family residential zoning. (d) (1) For a childcare family home, a local governing authority shall not impose: (A) Any additional regulations that do not also apply to other residential properties; or (B) Stricter requirements than those in the Arkansas Fire Prevention Code. (2) However, this section does not restrict a local governing authority from, on a case-by-case basis, managing the flow of traffic and parking related to adjacent childcare family homes. (e) (1) The Division of Child Care and Early Childhood Education may promulgate rules related to adequate fire protection and prevention in a childcare family home. (2) As part of developing any proposed rules in accordance with subdivision (e)(1) of this section, the Division of Child Care and Early Childhood Education shall seek the advice and assistance of: (A) The Department of Health; (B) The Boiler Inspection Division; and (C) Councils and associations representing: (i) Fire marshals; and (ii) Building code officials.