Tennessee law sets child care permit and fire review rules

Local governments prioritize child care permit applications and review complete applications on set timelines. The rules cover child care agency permit applications, including applications for conditional use permits. A permit is approved automatically after 90 days only if the local government has not decided the application, the applicant has not agreed in writing to more time, and a required fire safety inspection is complete. The rules apply to applications submitted on or after July 1, 2026.

The state fire marshal or its agents conduct required fire safety inspections and set statewide standards for child care agencies. These rules cover inspections for initial child care licenses and renewals, and fire safety standards statewide. Local fire officials may help, but any inspection they conduct must happen at the same time as the state inspection. Local governments may add fire safety requirements only for a documented site-specific risk approved by the state fire marshal. They may still enforce generally applicable building codes if enforcement does not duplicate fire inspections and treats similar businesses alike. The state may charge only one fire inspection fee for child care licensing, capped at the inspection's actual cost. The rules apply to applications submitted on or after July 1, 2026. Rulemaking authority takes effect when the act becomes law.

Local governments allow child care agencies in specified business zones and allow employer-based child care as part of a lawful business. Employer-based child care is allowed as an accessory use to a lawful business. Agencies may operate in zones that allow office, commercial, industrial, or institutional uses; home-based child care is allowed in residential zones. Local governments may set reasonable conditions for traffic, parking, hours, play areas, and safety, but may not impose stricter conditions than for similar uses in the same zone. An agency that follows state licensing standards and does not materially expand the building footprint does not need a zoning variance. Employer-based care must primarily serve employees' children. The rules apply to applications submitted on or after July 1, 2026. Conditional use permit applications must be processed within 60 days of a complete application.