Licensed Family Home Capacity Waivers

Capacity refers to the maximum number of children a family home child care provider can have in care at any given time. Family home providers who wish to care for more than 12 children at one time must be approved for a Family Home Capacity Waiver.

For more information on Family Home Capacity Waiver requirements, see Capacity Waiver for Family Home Child Care Providers. 

The requirements and process for Licensed Family Home (LFH) Capacity Waivers (formerly 13+ Capacity Waiver) have changed.

  • Beginning April 1, 2025, LFH providers can submit new capacity waiver requests if they would like to care for more than 12 total children at one time.
  • LFH providers will complete these requests through the WA Compass portal.
  • All requests will require DCYF review, and approvals will begin July 1 or later.

Why is this change happening?

A provision in the 2021 Fair Start for Kids Act allowed LFH providers to seek a waiver to care for more than 12 children in their home.

In spring 2024, the state building codes changes WAC 51-51-033 to allow for care for more than 12 children in their home when certain requirements are met.

DCYF WAC 110-300-0358 and the waiver process have been updated.

What is the process?

Providers must submit an approved Capacity Waiver Inspection Checklist in the Provider Portal in the WA Compass Provider Portal.

*Capacity Waiver Request form will be available beginning April 1, 2025

To be approved for a new capacity waiver, providers must follow the new DCYF WACs and state building code requirements.

Key changes in the Building Code WAC or DCYF WAC:

  • Permitted Sprinkler System (applies to most cities and counties)
  • We encourage you to plan for this now. Installation will likely require a contractor.
  • The maximum capacity approved will be 16.
  • A heat detector will be required in the kitchen.
  • A heat detector or heat alarm will be installed in new construction or newly built garages.
  • Exit path lighting will be required to automatically turn on in case of power loss.
  • The house will require a county or city inspection to ensure it meets requirements.

FAQ

It will be up to the approval of your local jurisdiction. DCYF does not have the ability to make this decision. Each city or county will have their own process. It will be up to them to sign off approval of the checklist. We have heard from multiple building inspectors that it is unlikely that exceptions will be granted.
It will be up the approval of your local jurisdiction. We have heard that some will not approve partial systems but please check in with your local jurisdiction.
Building officials use a combination of WAC Chapter 51-51 WAC: which is the State adoption and amendments and Chapter 3 Building Planning - 2021 International Residential Code (IRC)
FH providers with a current waiver issued before January 2024 for up to 16 children can keep their current waiver with no additional action required. This change aligns with the building code’s maximum number of 16 children.

FH providers with a current waiver issued before January 2024 for more than 16 children have two options:

  1. Reduce your capacity to a maximum of 16 children and keep your current waiver with no additional action required (must be completed by June 30, 2025, please contact your licensor); or
  2. Maintain your current capacity waiver until June 30, 2026, while actively working toward:
    • Converting to a licensed child care center to meet building code requirements, or
    • Securing a commercial child care space and a DCYF Child Care Center license. The property must be eligible for an Occupancy Classification for Child Care Centers under Group E or Group I-4 and successfully pass inspections in compliance with WAC regulations and State Fire Marshal requirements.
To learn more about the permit application process for a change in FH occupancy or obtaining a center license, contact dcyf.welcome@dcyf.wa.gov and mention you have a current FH Capacity Waiver.

Past Communications Regarding Capacity Waivers