Regulation and zoning treatment of childcare family homes by local governing authorities

Tenn. Code Ann. § 71-3-522, under Child Care Agencies.

Tenn. Code Ann. § 71-3-522

(a) As used in this section:(1) “Child care family home” means a family child care home that is operated in an occupied residential dwelling; and(2) “Local governing authority” means the governing body of the municipality or county where a child care family home is located.

(1) “Child care family home” means a family child care home that is operated in an occupied residential dwelling; and

(2) “Local governing authority” means the governing body of the municipality or county where a child care family home is located.

(b) (1) Except as required by subdivision (b)(2), a local governing authority shall treat a child care family home as residential property in the application of local regulations, including:(A) Zoning;(B) Land use development; and(C) Sanitation.(2) A local governing authority shall apply the standards adopted by the state fire marshal pursuant to § 68-120-101 to a child care family home for the following:(A) Fire and life safety standards; and(B) Applicable building codes.

(1) Except as required by subdivision (b)(2), a local governing authority shall treat a child care family home as residential property in the application of local regulations, including:(A) Zoning;(B) Land use development; and(C) Sanitation.

(A) Zoning;

(B) Land use development; and

(C) Sanitation.

(2) A local governing authority shall apply the standards adopted by the state fire marshal pursuant to § 68-120-101 to a child care family home for the following:(A) Fire and life safety standards; and(B) Applicable building codes.

(A) Fire and life safety standards; and

(B) Applicable building codes.

(c) For zoning purposes, “residential property use” includes single-family residential zoning.

(d) For a child care family home, a local governing authority shall not impose:(1) Stricter requirements than those established by the division of fire prevention; or(2) Any additional regulations that do not apply to other residential properties.

(1) Stricter requirements than those established by the division of fire prevention; or

(2) Any additional regulations that do not apply to other residential properties.

(e) This section does not restrict a local governing authority from managing the flow of traffic and parking adjacent to a child care family home.