No. 28245: R430-2. General Licensing Provisions, Child Care Facilities

DAR File No.: 28245
Filed: 11/17/2005, 03:59
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

In response to public comment, some changes have been made to this rule.

 

Summary of the rule or change:

There is some clarification in the wording of some provisions and applicants now have a 30-day time limit to request an informal discussion of a Department decision. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the October 15, 2005, issue of the Utah State Bulletin, on page 14. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

 

State statutory or constitutional authorization for this rule:

Title 26, Chapter 39

 

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings due to the additional changes made to this rule.

 

local governments:

There is no anticipated cost or savings due to the additional changes made to this rule.

 

other persons:

There is no anticipated cost or savings due to the additional changes made to this rule.

 

Compliance costs for affected persons:

There is no compliance cost due to the additional changes made to this rule.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

I approve of the proposed changes. David N. Sundwall, MD, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Systems Improvement, Child Care Licensing
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

 

Direct questions regarding this rule to:

Donna Thomas at the above address, by phone at 801-538-9294, by FAX at 801-538-6325, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/17/2006

 

This rule may become effective on:

01/18/2006

 

Authorized by:

David N. Sundwall, Executive Director

 

 

RULE TEXT

R430. Health, Health Systems Improvement, Child Care Licensing.

R430-2. General Licensing Provisions, Child Care Facilities.

R430-2-1. Authority and Purpose.

This rule is adopted pursuant to Title 26, Chapter 39. It defines the standards that a person(s) must follow to obtain a license for a child care facility.

 

R430-2-2. Informal Discussions.

Independent of any administrative proceeding, an applicant may request, within 30 days, [at any time] to discuss a Department decision with Department staff.

 

R430-2-3. Initial Application.

(1) An applicant for a license shall submit to the Utah Department of Health a completedlicense application on a form furnished by the Department.

(2) Each applicant shall comply with all regulations, ordinances, and codes, zoning, fire, safety, sanitation, building and licensing laws of the city and county in which the facility [or agency ]is located. The applicant shall obtain the following clearances and submit them to the Department as part of the application:

(a) a certificate of fire clearance from the State Fire Marshal or designated local fire authority certifying compliance with local and state fire codes;

(b) a satisfactory report by a local health department for facilities providing food service; and

(c) a [city]current local business license if required.

(3) The applicant shall:

(a) list all officers, members of the boards of directors, trustees, stockholders, partners, or other persons who have a greater than 25 percent interest in the facility;

(b) provide the name, address, percentage of stock, shares, partnership, or other equity interest of each person; and

(c) list, for all owners, all child care facilities in the state or other states in which they are officers, directors, trustees, stockholders, partners, or in which they hold any interest.

(4) The [licensee]applicant shall provide the following written assurances on all individuals listed in R430-2-3(3):

(a) none of the persons has been convicted of a felony;

(b) none of the persons has been found in violation of any local, state, or federal law which arises from or is otherwise related to the individual's relationship to a child care facility;

(c) none of the persons within the five years prior to the date of application had an interest in a licensed child care facility that has been closed as a result of a settlement agreement resulting from a license revocation; and

(d) none of the persons has been convicted of child abuse, neglect, or exploitation.

(5) The applicant shall submit background clearance documents as required in R430-6.

(6) The applicant shall submit with the completed application a non-refundable license fee as established in accordance with Subsection 26-39-104(1)(c).

 

R430-2-4. Initial License Issuance or Denial.

(1) The Department shall render a decision on an initial license application within 60 days of receipt of a complete application.

(2) The applicant must pay fees and reapply for a license if the applicant does not complete the application including all necessary submissions within six months of first submitting any portion of an application.

(3) Upon verification of compliance with licensing rules, the Department shall issue a license.

(4) The licensed capacity shall be limited by the square footage of usable space throughout the center. There shall be at least 35 square feet per child.

(a) Bathrooms, closets, lockers, staff desks, stationary storage units, hallways, corridors, alcoves, vestibules, kitchens, offices, and napping rooms shall not be included in calculating indoor play space. However furniture, fixtures, or equipment used by children, for the care of children, and to store classroom materials shall be included in calculating indoor play space.

(b) Licensed capacities shall not exceed those set forth by local ordinances.

(c) The number of children in care at any given time shall not exceed the capacity identified on the license.

[(4)](5) The Department shall issue a written decision denying a license if the applicant and the facility are not in compliance with the rules.

[(5)](6) Pursuant to R501-12-4(8)(h), a provider may not be licensed to provide foster care and child care at the same time.

 

R430-2-5. License Extension.

A licensee that fails to renew its license by the license expiration date may have an additional 30 days to complete the renewal if the licensee pays a late fee.

 

R430-2-6. Expiration and Renewal.

(1) Each license expires at midnight on the day designated on the license as the expiration date, unless previously revoked by the Department.

(2) The licensee shall submit a completedlicense application, applicable fees and a satisfactory report by a local health department for facilities providing food service to the Department 30 days before the current license expires.

(3) The Department shall not renew a license for a child care facility that discontinues child care services.

 

R430-2-8. Change of Ownership.

(1) A licensee whose ownership or controlling interest has changed must submit a completed license application, applicable clearances, and fees to the Department 30 days prior to the proposed change. The licensee shall obtain the following clearances and submit them to the Department as part of the application:

(a) a certificate of fire clearance from the State Fire Marshal or designated local fire authority certifying compliance with local and state fire codes;

(b) a satisfactory report by a local health department for facilities providing food service; and

(c) a [city]current local business license if required.

(2) A change in ownership that requires action under subsection (1) includes any change that:

(a) transfers the business enterprise to another person or firm;

(b) is a merger with another business entity if the directors or principals in the merged entity differs by 49 percent or more from the directors or principals of the original licensee; or

(d) creates a separate corporation, including a wholly owned subsidiary, if the board of directors of the separate corporation differs by 49 percent or more from the board of the original licensee.

(3) A transfer between departments of government agencies for management of a government-owned childcare facility is not a change of ownership.

(4) Before the Department may issue a new license for a change of ownership, the prospective licensee shall document that:

(a) all documents required by rules applicable to the prior licensee remain in the facility and have been transferred to the custody of the new licensee; and

(b) the prospective licensee has adopted the existing policies and procedures manual or a new manual has been approved by the Department and adopted by the facility governing body before the change of ownership occurs;

(5) The Department shall not issue a new license until the prospective licensee corrects all previously cited and not yet corrected violations. The prospective licensee may request a new correction date before the change of ownership becomes effective.

(6) When the Department verifies that the facility is in compliance with all licensing rules, the Department shall issue a new license effective the date that the Department determines compliance.

 

R430-2-9. Change in License.

(1) The licensee shall submit a completed license application to amend or modify an existing license at least 30 days before any of the following proposed or anticipated changes:

(a) increase or decrease of licensed capacity;

(b) change in name of facility;

(c) change in license category;

(d) change of license classification;

(e) change in center director;

(f) change in name of licensee; and

(g) change in area where child care is provided or a change in interior usable play space.

(2) An increase of licensed capacity may require payment of an additional license fee. This fee is the difference in the license fee for the existing and proposed capacities.

(3) The Department may issue an amended [or modified ]license when the Department verifies that the licensee and facility are in compliance with all licensing rules. The expiration date of the amended license remains the same as the prior license.

 

R430-2-10. License Transferability, Posting.

(1) A license is not assignable or transferable.

(2) The licensee shall post the license on the facility premises in a place readily visible and accessible to the public.

 

R430-2-11. Voluntary Closure.

A licensee that voluntarily ceases operation shall:

(1) notify the Department and the children's families at least 30 days before the effective date of closure; and

(2) make provision for the safe keeping of records.

 

KEY: child care facilities

[2005]2006

Notice of Continuation December 19, 2002

26-39

26-21-12

26-21-13