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.

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

We heard feedback from child care providers and the LFH Union, SEIU 925, that the initial timeline did not meet the needs of children, families, and providers.

  • As a result, all current capacity waivers will end June 30, 2025.
  • 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 providers, even those with an existing waiver must complete a new request.
  • All current waivers will be in place until June 30, at which time they will end.
  • 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 a new Capacity Waiver Request (available Apr. 1, 2025) and an approved Capacity Waiver Inspection Checklist in the 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)

Past Communications Regarding Capacity Waivers