Usually not. Most states exempt short-term care where the parent stays in the building, so a gym kids club often runs without a daycare license, state inspections or required staff ratios. The rules differ by state, and a few states do cover this kind of care.
What an exemption means for your child
- No state inspections. Nobody from the licensing agency checks the room, the toys or the cleaning.
- No required staff ratio. One attendant can be watching a full room.
- No required background checks or CPR training, unless the gym chooses to do them.
Indiana's licensing agency told WRTV that care for under four hours a day is exempt, so gym kids clubs there don't have to follow ratio, CPR or safe-sleep rules. Utah's health department told KSL the same: if parents stay in the building, it doesn't license the room or run background checks. Many gyms still train and screen their staff well. The point is that you have to ask, because the law doesn't make them.
State by state
Every state where we list gyms with childcare, 42 in all. Each links to the law itself. Not settled means the law doesn't clearly answer whether a parent elsewhere in the building counts, so ask the club.
| State | Answer | What the law says | Law | Gyms we list |
|---|---|---|---|---|
| California | Exempt | California law exempts temporary childcare a business offers only to parents who stay on the same premises, so a gym kids club here usually isn't state-licensed or inspected. | Cal. Health & Safety Code § 1596.792(k) | 180 |
| Texas | Exempt | Texas law exempts care a business gives for short periods while parents are on or near the premises, as long as it doesn't advertise as a day-care center and tells parents it isn't state-licensed. | Tex. Hum. Res. Code § 42.041(b)(3) | 155 |
| Florida | License required | Florida law calls occasional care in a business, while the parent stays on site for up to 4 hours, "drop-in child care" at a child care facility, which needs a license, with a few lighter rules. Ask the club whether its kids club is licensed. | Fla. Stat. §§ 402.302(6), 402.312 | 109 |
| Arizona | Not settled | Arizona law has no exemption written for gym childcare, and it doesn't say whether a parent elsewhere in the building counts as being with the child, so ask the club whether its kids club is licensed by ADHS. | Ariz. Rev. Stat. §§ 36-881, 36-884 | 90 |
| Illinois | Exempt | Illinois law leaves out care at a shopping center, service or similar facility where children are cared for temporarily while parents are busy on the premises and readily available, so a gym kids club here usually isn't state-licensed. | 225 ILCS 10/2.09(e) | 54 |
| New York | Exempt | New York only licenses day care centers that care for a child more than three hours a day, so a gym kids club with a two-hour limit usually falls outside state licensing. | N.Y. Soc. Serv. Law § 390(1)(c) | 40 |
| Colorado | Exempt | Colorado law exempts care a business gives its customers' children for fewer than 3 hours in any 24 hours, so a gym kids club within that limit doesn't need a state license. | C.R.S. § 26.5-5-304(1)(c) | 39 |
| Georgia | Exempt | Georgia exempts programs that care for a child no more than 4 hours a day, but the program has to complete a self-assessment with the state's early care department (DECAL) to claim it. Ask the club whether it has. | Ga. Comp. R. & Regs. 591-1-1-.46(1)(c)4 | 39 |
| Minnesota | Exempt | Minnesota law excludes care for less than 3 hours a day while the parent is in the same building or one directly attached, so a gym kids club here usually isn't state-licensed. | Minn. Stat. § 245A.03, subd. 2(a)(6) | 32 |
| Utah | Exempt | Utah exempts care for less than 4 hours a day while the parent stays in the building and within five minutes of the child, as long as staff don't change diapers or serve meals. | Utah Code § 26B-2-405(2)(f) | 31 |
| New Jersey | Exempt | New Jersey law specifically leaves out programs in places like a health spa where each child stays a limited time while the parent is present and using the facility, so gym kids clubs here aren't state-licensed. | N.J.S.A. 30:5B-3(b)(8) | 30 |
| Pennsylvania | Not settled | Pennsylvania exempts care where the parent is present at all times, but a 2026 state notice says care at a parent's work site still needs a license when the parent isn't in the child care space, so it's not settled whether a parent on the gym floor counts. Ask the club whether it holds a certificate of compliance. | 55 Pa. Code § 3270.3(b)(3) | 27 |
| Virginia | Exempt | Virginia law exempts child-minding at commercial or recreational businesses for up to 3 hours a day per child, if the parent is using the business's services and can return within 30 minutes, so a gym kids club usually isn't state-licensed. | Va. Code § 22.1-289.030(B)(4) | 24 |
| Michigan | Not settled | Michigan's law covers care where parents are "not immediately available," and it has no exemption for gyms, so it's unclear whether a gym kids club needs a license. Ask the club if it holds a state child care license or is exempt. | MCL 722.111(1)(i) | 19 |
| Nevada | License required | Nevada treats child care a business runs for its customers as an "accommodation facility," a type of licensed child care facility, so a gym kids club caring for 5 or more children generally needs a license. Ask the club for its child care license. | NRS 432A.0205; NRS 432A.024; NAC 432A.435 | 18 |
| Washington | Exempt | Washington law excludes care for less than 24 hours when a parent stays on the premises for activities other than work, so a gym kids club where you stay in the building isn't state-licensed. | RCW 43.216.010(2)(h) | 18 |
| Alabama | Exempt | Alabama law excludes care at a shopping center or similar service business where children are watched for a short time while parents are on the premises, so a gym kids club here usually isn't state-licensed. | Code of Ala. § 38-7-2(4)(d) | 17 |
| Indiana | Exempt | Indiana law exempts programs that care for a child for less than 4 hours a day, so a typical gym kids club with stays of about 2 hours doesn't need a state child care license. | IC 12-17.2-2-8(3); IC 12-7-2-28.4 | 15 |
| Louisiana | Not settled | Louisiana's licensing law covers care of children "unaccompanied by parent" and has no gym or parent-on-premises exemption, so it's unclear whether a gym kids club needs a license. Ask the club if it holds a state early learning center license. | La. R.S. 17:407.33(3); R.S. 17:407.35 | 15 |
| Oklahoma | Exempt | Oklahoma law exempts programs where children attend on a drop-in basis and parents stay on the premises and readily accessible, so a gym kids club here usually isn't state-licensed. | 10 O.S. § 403(A)(8) | 15 |
| North Carolina | Exempt | North Carolina law excludes drop-in or short-term care while parents are on the premises, and names health spas as an example, so a gym kids club here usually isn't state-licensed. | N.C. Gen. Stat. § 110-86(2)d. | 14 |
| Connecticut | Exempt | Connecticut law excludes supplementary recreational care that a child gets infrequently while parents are on the premises, so a gym kids club here usually isn't state-licensed. If your child goes very often, ask the club whether it is licensed. | Conn. Gen. Stat. § 19a-77(b)(5) | 13 |
| Maryland | Exempt | Maryland rules say child care does not include supervision a health club gives during an occasional parent activity while parents are on the same premises and immediately available, so a gym kids club here usually isn't state-licensed. | COMAR 13A.16.01.02B(14)(b)(iv) | 13 |
| South Carolina | Exempt | South Carolina's law only covers care of children unaccompanied by a parent for more than four hours a day, and excludes short care while parents are on the premises, so a gym kids club here usually isn't state-licensed. | S.C. Code Ann. § 63-13-20(2), (4)(d) | 13 |
| Missouri | Exempt | Missouri law exempts a business's child care for its customers if it lasts no more than four hours a day and parents stay on site, so a gym kids club here usually isn't state-licensed. | RSMo § 210.211.1(9) | 11 |
| Ohio | Exempt | Ohio law exempts programs where a parent of each child is on the premises and readily accessible, as long as care is no more than 2.5 hours a day per child, so a gym kids club here usually isn't state-licensed. | Ohio Rev. Code § 5104.02(B)(4) | 11 |
| Massachusetts | Not settled | Massachusetts law has no clear exemption for gym child care while a parent works out, and state guidance on parents staying on site is strict. Ask the club whether it is licensed or has been told in writing that it is exempt. | M.G.L. c. 15D, § 1A; 606 CMR 7.02 | 10 |
| Tennessee | Exempt | Tennessee law has a specific gym exemption: up to 2 hours a day and 14 hours a week, with a parent on site. The club must register with the state, post a not-licensed sign and have parents sign a form. | Tenn. Code Ann. § 71-3-503(b)(10) | 10 |
| Oregon | Exempt | Oregon law excludes care given while the parent stays on the premises doing an activity the facility offers, so a gym kids club here usually isn't state-licensed. | ORS § 329A.250(5)(g) | 9 |
| Wisconsin | Exempt | Wisconsin's group child care rules don't apply to care while the parent is on the premises shopping, exercising or doing other non-work activities, so a gym kids club here usually isn't state-licensed. | Wis. Admin. Code DCF § 251.02(1)(c) | 7 |
| Kansas | Not settled | Kansas law covers care of children "unattended by parent or guardian," but no written exemption says whether a parent working out in the same building counts as attending, so ask the club if it is state-licensed or has been told it doesn't need a license. | K.S.A. § 65-503(e)(1) | 6 |
| New Mexico | Exempt | New Mexico's licensing rules do not apply to child care offered only for children whose parents are in the same premises at the same time, so a gym kids club where you stay in the building usually isn't state-licensed. | 8.16.2.9(E) NMAC | 6 |
| Mississippi | License required | Mississippi requires a license for places caring for six or more unrelated children under 13 for any part of the day, and its short-term care exemption only covers programs open two days a week or less, so ask the club if it is state-licensed. | Miss. Code Ann. § 43-20-5(a) | 5 |
| Nebraska | Not settled | Nebraska licenses care given "in lieu of parental supervision" for four or more children and more than two hours a week, but doesn't say whether a parent elsewhere in the gym counts as supervising, so ask the club if it is state-licensed. | Neb. Rev. Stat. §§ 71-1910(2), 71-1911 | 5 |
| Iowa | Exempt | Iowa law excludes care for a child whose parent is doing a recreational activity on the same premises, stays immediately available, and isn't working, and it names fitness centers, so a gym kids club here usually isn't state-licensed. | Iowa Code § 237A.1(2)(m) | 4 |
| Rhode Island | Not settled | Rhode Island licenses care given "on a regular or irregular basis" to children "apart from the child's parent or guardian" and lists no gym or parent-on-site exemption, so ask the club whether it holds a state child care license. | R.I. Gen. Laws §§ 42-12.5-2(5), 42-12.5-4 | 4 |
| Delaware | Exempt | Delaware law only counts care as child care when children are left "unattended by parent or guardian," and the state lists onsite care where parents stay as not needing a license, so a gym kids club here usually isn't state-licensed. | 14 Del. C. § 3002A(1); OCCL exemption list | 2 |
| Kentucky | Exempt | Kentucky rules exempt child care given while parents are on the premises, unless the premises is the parent's workplace or school, so a gym kids club for members usually isn't state-licensed. | 922 KAR 2:090, Section 3 | 2 |
| Idaho | Exempt | Idaho's child care licensing law does not apply to occasional care only for children whose parents are in the same building at the same time, so a gym kids club usually isn't state-licensed. Boise's city code has the same exemption. | Idaho Code § 39-1103 | 1 |
| North Dakota | Exempt | North Dakota law excludes care a business gives for up to four straight hours while the parent is busy on the premises, so a gym kids club here usually isn't state-licensed. | N.D.C.C. § 50-11.1-02 | 1 |
| South Dakota | Not settled | South Dakota's law has no exemption for care while parents stay on site, and it licenses day care centers at 21 or more children, so it's unclear whether a gym kids club needs a license. Ask the club whether it holds a state day care license. | SDCL §§ 26-6-14(3), 26-6-27 | 1 |
| Puerto Rico | Not settled | Puerto Rico's child care licensing law covers any place caring for 7 or more children for part of the day, and it has no exemption for care while parents stay on site, so the rule is unclear. Ask the club whether it holds a Departamento de la Familia license. | Ley Núm. 173-2016, Arts. 1.04(d), 1.05 | 1 |
What to ask your gym
- Are staff CPR and first-aid certified, and background-checked?
- How many children does each staff member watch at busy times?
- Are infants kept apart from older kids?
- Are there cameras, and can you see the footage if something happens?
- How will they tell you about an injury or incident, and is it written down?
- Does the kids club hold a state child care license? If not, why is it exempt?
Visit the room during the hours you plan to use it, and keep your first visit short.
How we checked
We read each state's child care licensing law on its official legislature website, most recently on November 1, 2026, and we recheck the wording every month. These are plain-language summaries, not legal advice. A licensing agency can read its law differently, so if it matters to you, ask the gym or your state's child care licensing office. How we check our listings.
Common questions
Is gym childcare licensed?
Usually not. Most states exempt short-term care where the parent stays in the building, so gym kids clubs often run without a daycare license, inspections or required staff ratios.
Is gym childcare licensed in California?
California law exempts temporary childcare a business offers only to parents who stay on the same premises, so a gym kids club here usually isn't state-licensed or inspected.
Is gym childcare licensed in Texas?
Texas law exempts care a business gives for short periods while parents are on or near the premises, as long as it doesn't advertise as a day-care center and tells parents it isn't state-licensed.
Is gym childcare licensed in Florida?
Florida law calls occasional care in a business, while the parent stays on site for up to 4 hours, "drop-in child care" at a child care facility, which needs a license, with a few lighter rules. Ask the club whether its kids club is licensed.
Is gym childcare licensed in Arizona?
Arizona law has no exemption written for gym childcare, and it doesn't say whether a parent elsewhere in the building counts as being with the child, so ask the club whether its kids club is licensed by ADHS.
Is gym childcare licensed in Illinois?
Illinois law leaves out care at a shopping center, service or similar facility where children are cared for temporarily while parents are busy on the premises and readily available, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in New York?
New York only licenses day care centers that care for a child more than three hours a day, so a gym kids club with a two-hour limit usually falls outside state licensing.
Is gym childcare licensed in Colorado?
Colorado law exempts care a business gives its customers' children for fewer than 3 hours in any 24 hours, so a gym kids club within that limit doesn't need a state license.
Is gym childcare licensed in Georgia?
Georgia exempts programs that care for a child no more than 4 hours a day, but the program has to complete a self-assessment with the state's early care department (DECAL) to claim it. Ask the club whether it has.
Is gym childcare licensed in Minnesota?
Minnesota law excludes care for less than 3 hours a day while the parent is in the same building or one directly attached, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in Utah?
Utah exempts care for less than 4 hours a day while the parent stays in the building and within five minutes of the child, as long as staff don't change diapers or serve meals.
Is gym childcare licensed in New Jersey?
New Jersey law specifically leaves out programs in places like a health spa where each child stays a limited time while the parent is present and using the facility, so gym kids clubs here aren't state-licensed.
Is gym childcare licensed in Pennsylvania?
Pennsylvania exempts care where the parent is present at all times, but a 2026 state notice says care at a parent's work site still needs a license when the parent isn't in the child care space, so it's not settled whether a parent on the gym floor counts. Ask the club whether it holds a certificate of compliance.
Is gym childcare licensed in Virginia?
Virginia law exempts child-minding at commercial or recreational businesses for up to 3 hours a day per child, if the parent is using the business's services and can return within 30 minutes, so a gym kids club usually isn't state-licensed.
Is gym childcare licensed in Michigan?
Michigan's law covers care where parents are "not immediately available," and it has no exemption for gyms, so it's unclear whether a gym kids club needs a license. Ask the club if it holds a state child care license or is exempt.
Is gym childcare licensed in Nevada?
Nevada treats child care a business runs for its customers as an "accommodation facility," a type of licensed child care facility, so a gym kids club caring for 5 or more children generally needs a license. Ask the club for its child care license.
Is gym childcare licensed in Washington?
Washington law excludes care for less than 24 hours when a parent stays on the premises for activities other than work, so a gym kids club where you stay in the building isn't state-licensed.
Is gym childcare licensed in Alabama?
Alabama law excludes care at a shopping center or similar service business where children are watched for a short time while parents are on the premises, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in Indiana?
Indiana law exempts programs that care for a child for less than 4 hours a day, so a typical gym kids club with stays of about 2 hours doesn't need a state child care license.
Is gym childcare licensed in Louisiana?
Louisiana's licensing law covers care of children "unaccompanied by parent" and has no gym or parent-on-premises exemption, so it's unclear whether a gym kids club needs a license. Ask the club if it holds a state early learning center license.
Is gym childcare licensed in Oklahoma?
Oklahoma law exempts programs where children attend on a drop-in basis and parents stay on the premises and readily accessible, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in North Carolina?
North Carolina law excludes drop-in or short-term care while parents are on the premises, and names health spas as an example, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in Connecticut?
Connecticut law excludes supplementary recreational care that a child gets infrequently while parents are on the premises, so a gym kids club here usually isn't state-licensed. If your child goes very often, ask the club whether it is licensed.
Is gym childcare licensed in Maryland?
Maryland rules say child care does not include supervision a health club gives during an occasional parent activity while parents are on the same premises and immediately available, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in South Carolina?
South Carolina's law only covers care of children unaccompanied by a parent for more than four hours a day, and excludes short care while parents are on the premises, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in Missouri?
Missouri law exempts a business's child care for its customers if it lasts no more than four hours a day and parents stay on site, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in Ohio?
Ohio law exempts programs where a parent of each child is on the premises and readily accessible, as long as care is no more than 2.5 hours a day per child, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in Massachusetts?
Massachusetts law has no clear exemption for gym child care while a parent works out, and state guidance on parents staying on site is strict. Ask the club whether it is licensed or has been told in writing that it is exempt.
Is gym childcare licensed in Tennessee?
Tennessee law has a specific gym exemption: up to 2 hours a day and 14 hours a week, with a parent on site. The club must register with the state, post a not-licensed sign and have parents sign a form.
Is gym childcare licensed in Oregon?
Oregon law excludes care given while the parent stays on the premises doing an activity the facility offers, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in Wisconsin?
Wisconsin's group child care rules don't apply to care while the parent is on the premises shopping, exercising or doing other non-work activities, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in Kansas?
Kansas law covers care of children "unattended by parent or guardian," but no written exemption says whether a parent working out in the same building counts as attending, so ask the club if it is state-licensed or has been told it doesn't need a license.
Is gym childcare licensed in New Mexico?
New Mexico's licensing rules do not apply to child care offered only for children whose parents are in the same premises at the same time, so a gym kids club where you stay in the building usually isn't state-licensed.
Is gym childcare licensed in Mississippi?
Mississippi requires a license for places caring for six or more unrelated children under 13 for any part of the day, and its short-term care exemption only covers programs open two days a week or less, so ask the club if it is state-licensed.
Is gym childcare licensed in Nebraska?
Nebraska licenses care given "in lieu of parental supervision" for four or more children and more than two hours a week, but doesn't say whether a parent elsewhere in the gym counts as supervising, so ask the club if it is state-licensed.
Is gym childcare licensed in Iowa?
Iowa law excludes care for a child whose parent is doing a recreational activity on the same premises, stays immediately available, and isn't working, and it names fitness centers, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in Rhode Island?
Rhode Island licenses care given "on a regular or irregular basis" to children "apart from the child's parent or guardian" and lists no gym or parent-on-site exemption, so ask the club whether it holds a state child care license.
Is gym childcare licensed in Delaware?
Delaware law only counts care as child care when children are left "unattended by parent or guardian," and the state lists onsite care where parents stay as not needing a license, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in Kentucky?
Kentucky rules exempt child care given while parents are on the premises, unless the premises is the parent's workplace or school, so a gym kids club for members usually isn't state-licensed.
Is gym childcare licensed in Idaho?
Idaho's child care licensing law does not apply to occasional care only for children whose parents are in the same building at the same time, so a gym kids club usually isn't state-licensed. Boise's city code has the same exemption.
Is gym childcare licensed in North Dakota?
North Dakota law excludes care a business gives for up to four straight hours while the parent is busy on the premises, so a gym kids club here usually isn't state-licensed.
Is gym childcare licensed in South Dakota?
South Dakota's law has no exemption for care while parents stay on site, and it licenses day care centers at 21 or more children, so it's unclear whether a gym kids club needs a license. Ask the club whether it holds a state day care license.
Is gym childcare licensed in Puerto Rico?
Puerto Rico's child care licensing law covers any place caring for 7 or more children for part of the day, and it has no exemption for care while parents stay on site, so the rule is unclear. Ask the club whether it holds a Departamento de la Familia license.