Legal Question in Business Law in Maryland

Regulatiuons/Statutes for Operation of a Home-Based Daycare

I am interested in operating a home-based daycare from my home. After getting the run around from Carroll County, I just want to know the regulations that would apply to this situation. Could you please give me the COMAR section that I can access (preferrably via the internet) so that I can make a decision as to the feasibility of this idea? Thank you.


Asked on 9/04/00, 3:18 pm

1 Answer from Attorneys

Lawrence Holzman Holzman Law Firm, LLC

Re: Regulatiuons/Statutes for Operation of a Home-Based Daycare

Unfortunately, the answer is not as simple as looking at COMAR. There are provisions in several sections of the Maryland Code that govern Day Care. There are provisions in the Code of Maryland Regulations (COMAR) and there are most likely provisions of the Carrol County Code, as well as regulations in Carrol County that govern day care. Plus, if you reside in an incorporated town or city, there may additional codes/regulations to check. Finally, if your home is located within a homeowner's association, you will need to review the declaration of easements covenants and restrictions, along with the Bylaws, rules and regulations of the association in order to make sure that you comply with the association's requirements.

I know this sounds overwhelming. Obviously, the best solution would be to hire an attorney to review all of the relevent rules and regulations etc that apply to you. Short of that, you might get a start by making some calls to one of the other counties in Maryland to see if someone has a phamplet or literature on how to comply with all of the state level laws. Then you could at least approach Carrol county, or ask an attorney, to just give you advice about Carrol county's own rules and regulations. I think that both Montgomery County and Prince George's Counties have well-organized offices within their systems that deal with home day care and may be able to provide you with that type of information if your own county is not responsive.

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Answered on 10/05/00, 10:24 am


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