The following information is provided from VBgov.com and will help those interested in becoming a child care provider in Virginia Beach conform with established policies and restrictions:

Guide for Opening Child Care and Day Care Facilities

Providing care for children is serious business. Because of this several local and state agencies are involved in enforcing regulations established to ensure basic safety, health, and general welfare for children. Quality child care providers are in great demand especially those who offer infant care. This information is provided to those who are considering establishing a child care or day care facility.

The Virginia Uniform Statewide Building Code (USBC) regulates the construction of buildings which house facilities for the care of children. This is the minimum building construction code mandated by the Commonwealth of Virginia and enforced by the Division of Permits & Inspections.

Here are the definitions for each type of care facility as defined by the

Family Day Home: Family day homes licensed by the Virginia Department of Social Services shall be permitted to accommodate the numbers of children permitted under licensing restrictions and shall be classified as a residential use group. The building code use group is R-3 (Residential). Family day homes caring for less than 6 children are not required to be licensed by the Virginia Department of Social Services, but may be voluntarily regulated.

Day Care Facility: The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than 2 ½ years of age, shall be classified as Group E (Educational) occupancy.

Child Care Facility: A facility, that provides supervision and personal care on less than a 24 hour basis for more than five children 2 ½ years of age or less shall be classified as Group I-4 (Institutional).

If care is provided on a 24 hour basis the use group shall be I-2.

International Building Code and the Virginia Uniform Statewide Building Code: MUNICIPAL CENTER

BUILDING NUMBER 2

2405 COURTHOUSE DRIVE

VIRGINIA BEACH, VA 23456-9039

This is the starting point for becoming a licensed care provider. Compliance with all related agencies is required when opening a child care facility.

Licensing-Virginia Department of Social Services

Child care, day care, family day homes, preschools, before and after school care, and other forms of care must be licensed by the Commonwealth of Virginia.

In accordance to Code of Virginia licensing standards:

A

A

Religious entities which will provide child care and which desire religious exemption from State licensure must still meet the requirements of the Virginia Uniform Statewide Building Code, must meet minimum health and fire safety requirements, and must comply with the requirements of the Code of Virginia.

Information about qualifications, licensure, and specific procedures for religious exempt entities should be obtained from:

Virginia Department of Social Services

Eastern Licensing Office

Pembroke Four, Suite 300

Virginia Beach, VA 23462

After determining the ages of children and the number of children for whom care will be provided, a location and building should be selected. Once an area of the city has been selected, a site plan of the property showing the building, parking lot, and other physical features must be taken to the city zoning division located in Building #2, Operations Building at the municipal center on Princess Anne Road. The zoning division will review the plan to ensure that the proposed use is allowed in the zoning district in which the proposed facility is planned. In some cases, there may be a requirement to apply for a Conditional Use Permit to allow the facility to operate within a certain zoning district. The City of Virginia Beach Zoning Ordinance limits

family day homes to 2 related and 5 unrelated children (7 children maximum) within a residential home with no helpers. A Conditional Use Permit would be required to employ helpers or to provide care for more than the allowable number of children.

Before applying for a Conditional Use Permit it is recommended that you contact the Permits & Inspections Division, located in the same office as the Zoning Division, to discuss the building chosen for the proposed child care or day care facility. In some cases the building may not meet the minimum construction requirements for the proposed use.

The zoning division’s stamp of approval must appear on the site plan for the proposed building before any building permit will be issued. For more information about Zoning ordinances and requirements please contact:

City of Virginia Beach

Planning – Zoning Division

2405 Courthouse Drive

Municipal Center Building 2, Room 100

Virginia Beach, VA 23456

The Health Department is interested in child care and day care facilities for three specific reasons. If you proposed facility is located in an area of the city not served by the municipal water system and/or waste water system, the Health Department must approve any well or septic service for the proposed center. Also, the Health Department must approve the kitchen or food preparation area. The Health Department’s written approval must be received in the Permits & Inspection office before any building permit can be issued for the proposed facility. For more information, please contact:

Virginia Department of Health

Environmental Health

Pembroke Corporate Center III

4452 Corporation Lane Virginia Beach VA 23462

An inspection, conducted by the Fire Department, is required for licensure and is required prior to occupancy for businesses located within the City of Virginia Beach. This inspection is usually the last step in the process to obtain licensure and should not be scheduled until compliance is met with all other city and state agencies involved in the process. To make arrangements for the required inspection please contact:

Gina Filomarino

Fire Administration

Municipal Center – Building # 21

2408 Courthouse Drive

Virginia Beach, VA 23456-9065

   (757) 491-3950   (757) 491-3950    (757) 491-3950  (757) 491-3950

A license, granted by the Virginia Department of Social Services, does not constitute complete approval to operate a care facility.

child day center is defined as a program offered to (i) two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care, or (ii) 13 or more children at any location. child day program includes both child day centers and family day homes and is defined as a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period. Site Selection and Zoning

  (757) 385-8074  (757) 385-8074    (757) 385-8074  (757) 385-8074

A Conditional Use Permit, granted by City Council, or site selection approval alone does not constitute complete approval to operate a care facility.

Health Department Approval

  (757) 518-2646  (757) 518-2646    (757) 518-2646  (757) 518-2646

A Plan Review Approval, granted by the Virginia Department of Health, does not constitute complete approval to operate a care facility.

Building Code Compliance and Certificates of Occupancy

If the proposed use is approved by the zoning division, architectural plans must be prepared. The Virginia Uniform Statewide Building Code requires a registered professional architect to prepare and sign the construction plans for both care facilities and day care facilities.

Your architect will design the facility to meet the requirements of the Uniform Statewide Building Code. If you plan to convert a building currently or last operated as a different use an architect must still sign the building design drawings. These drawings will indicate that the building into which the proposed child care or day care facility will be located will be modified to meet the requirements of the building code. A Family Day Home which will be licensed by the Department of Social Services does not require architectural plans to be submitted. If you are simply purchasing an existing approved day care of child care facility and you are making no architectural changes, no architectural plans are required.

If the proposed facility will be located in a building constructed prior to 1985 and if the building will be undergoing physical changes and construction work an asbestos inspection must be completed. The owner of the building must have the building inspected by a licensed and approved asbestos contractor or inspector to identify any asbestos that may be present and disturbed by alterations or additions to the building. The asbestos inspection report must be submitted to the Permits & Inspections office before any building permit can be issued.

Once the Health Department, Zoning Division, asbestos, and building code compliance issues have been resolved, permits may be issued. A building permit will be required to relocate walls, doors, make desired physical changes, change the occupancy classification of an existing space, and/or to obtain a Certificate of Occupancy. Plumbing, mechanical, electrical, and fire protection permits will also be required when altering or adding this equipment. If additional plumbing fixtures will be added, any associated fees required by the Department of Public Utilities must be paid before any permits will be issued. At the time of issuance of the building permit a charge will be paid for the Certificate of Occupancy. Once all of the inspections have been completed and the building is placed into compliance, the Certificate of Occupancy will be issued.

If you have additional questions concerning building code requirements or the permit process, the following individuals may be reached at:

City of Virginia Beach

Planning – Permits and Inspections Division

2405 Courthouse Drive

Municipal Center Building 2, Room 100

Virginia Beach, VA 23456

  (757) 385-4211  (757) 385-4211    (757) 385-4211  (757) 385-4211 x 4

Andrew Bankowski or Curtis Muller – Facilities in Commercial Buildings

Jeanne Chalk or Scott Steen – Facilities in Residential Homes

A Certificate of Occupancy, granted by the Permits and Inspections Division, does not constitute complete approval to operate a care facility.

Business License – Commissioner of the Revenue

All businesses located within the City of Virginia Beach are required to have a city business license. For more information please contact:

Commissioner of the Revenue

Business License Division

2401 Courthouse Drive

Municipal Center Building 1

Virginia Beach, VA 23456

Phone:   (757) 385-4515  (757) 385-4515    (757) 385-4515  (757) 385-4515

A City of Virginia Beach Business License, granted by the Commissioner of the Revenue, does not constitute complete approval to operate a care facility.

Fire Prevention

Phone:   (757) 385-4228  (757) 385-4228    (757) 385-4228  (757) 385-4228