Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
Some municipalities require additional permits; have specific restrictions or additional requirements pertaining to family child care. Certification agencies should familiarize themselves with local laws that govern family child care in order to ensure the provider complies with DCF 202.08(1m)(a)4. before granting certification.
For example, in the City of Milwaukee a provider must live in the dwelling unit in which the day care is located and perform the “hands-on” care of children, and the main function of the dwelling unit must be as a home; and if the home is not used as a dwelling by the individual providing the child care services, the building is subject to the Wisconsin Commercial Building Code.
The City of Racine requires anyone running a business out of their home to have a building inspection and special occupancy certificate.
DCF 202.08(1m)(a)4. A certified child care operator shall comply with all laws governing the certified child care program and its operation, including s. 48.686, Stats., and ch. DCF 13 and ensure that all employees and volunteers comply with these laws.
DCF 202.08(2)(m)5. Operators shall ensure they are in compliance with all applicable local ordinances regarding the number, types, and health status of pets and animals.
Section 3.8 in this Module provides an example of a local ordinance residency requirement.
There may be occasions when a new law is enacted, adding additional requirements for certified operators, however, the administrative code DCF 202 is not immediately updated to incorporate the new statutory requirement. In a scenario where the certification worker observes a violation of a statute, with no corresponding administrative rule, the worker would cite the administrative rule that requires compliance with all laws governing the program – DCF 202.08(1m)(a)4. The applicable statute must be referenced in the description of the violation.
This page last updated 02/2022.