Licensed Family Home Capacity Waivers

What "Capacity" Means

Capacity is the maximum number of children a licensed family home child care provider is allowed to care for at one time. If a provider wants to care for more than 12 children, they must apply for a Family Home Capacity Waiver.

What Has Changed and Why

Starting April 1, 2025, Licensed Family Home (LFH) providers can submit new requests to care for more than 12 children.

  • Requests must be submitted through the WA Compass Provider Portal.
  • All requests will be reviewed and approved by DCYF.

These changes are happening because:

  • The 2021 Fair Start for Kids Act allowed family home providers to request waivers for more than 12 children.
  • In spring 2024, state building codes were updated to allow care for more than 12 children if certain safety requirements are met.
  • DCYF rules (WAC 110‑300‑0358) and the waiver process have been updated to match the new building code.

How the New Process Works

To request a new capacity waiver, providers must:

  1. Complete the Capacity Waiver Inspection Checklist.
  2. Upload it in the WA Compass Provider Portal.
  3. Follow all updated DCYF rules and state building code requirements.

New Requirements (Building Code and DCYF WAC) 

  • A permitted sprinkler system is required (most cities/counties will require this).
    • Installation usually requires a contractor.
  • The maximum capacity allowed is 16 children.
  • A heat detector is required in the kitchen.
  • A heat detector or heat alarm is required in new construction or newly built garages.
  • Exit path lighting must automatically turn on if the power goes out.
  • The home must pass a city or county inspection.

Frequently Asked Questions 

This is up to your local city or county. DCYF cannot approve sprinkler exceptions. Most building inspectors say exceptions are unlikely.
This also depends on your local jurisdiction. Some will not approve partial sprinkler systems, so check with your city or county.
They use WAC 51-51 (state building code) and 2021 IRC, Chapter 3 (building planning).
If your waiver was issued before January 2024, for up to 16 children, you can keep it. No action is needed.

You have two options:

Option 1: Reduce to 16 children

  • Reduce your capacity to 16 or fewer by June 30, 2025.
  • Then you can keep your current waiver with no further action.

Option 2: Keep your current capacity until June 30, 2026

But you must be actively working toward one of these:

  • Convert your home to a licensed child care center, or
  • Move to a commercial child care space and get a DCYF Child Care Center license.

The building must meet Group E or I‑4 occupancy and pass all required inspections per WAC and State Fire Marshal.

If you cannot convert to a center license, you must reduce to 16 children by June 30, 2026 to stay on a waiver.

Email dcyf.welcome@dcyf.wa.gov to work with DCYF’s Pre-Licensing Team and mention you have a current Family Home Capacity Waiver.

Past Communications Regarding Capacity Waivers