No. 28594 (Amendment): R430-4. General Certificate Provisions

DAR File No.: 28594
Filed: 03/31/2006, 02:36
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

Residential Certificate providers need to have a kitchen inspection from the local health departments when applying for a certificate and every other year at renewal of a certificate.

 

Summary of the rule or change:

The provisions requiring satisfactory reports from the local health department have been added to the rule.

 

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 to the state budget. Having certified providers submit a copy of a kitchen inspection will not significantly increase the workload of state staff.

 

local governments:

The local health departments will receive about $61,850 every 2 years from certified providers for doing these inspections.

 

other persons:

All certified family providers will now be required to have a kitchen inspection with initial and bi-annual renewal applications. The local health departments have estimated the average cost at about $50 an inspection, which will have an aggregate impact of $30,925 annually.

 

Compliance costs for affected persons:

All certified family providers will now be required to have a kitchen inspection with initial and biennial renewal applications. The local health departments have estimated this cost to average about $50 an inspection or $25 per year.

 

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

As the inspection is required by statute and necessary for the protection of children under care, the costs are reasonable and necessary. 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:

05/15/2006

 

This rule may become effective on:

05/16/2006

 

Authorized by:

David N. Sundwall, Executive Director

 

 

RULE TEXT

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

R430-4. General Certificate Provisions.

R430-4-3. Definitions.

(1) "Certificate Holder" means the legally responsible person who holds a valid Residential Certificate issued by the Department of Health.

(2) "Deficiency" means a violation of any rule provision.

(3) "Department" means the Department of Health.

(4) "Facility" means the building and adjacent property, equipment, and supplies devoted to the child care operation.

(5) "Fiscal Year" means the Department's financial year which starts the first of July and ends thirtieth of June.

[(5)](6) "High Risk for Harm" means there is the potential for serious injury to a child.

[(6)](7) "Inspection" means observation, measurement, review of documentation, and interview to determine compliance with rules.

[(7)](8) "Investigation" means an in-depth inspection of specific alleged rule violations.

[(8)](9) "Statement of Findings" means a statement of one or more specific rule violations which, if not corrected, will prompt the Department to take disciplinary action.

[(9)](10) "Technical Assistance" means the noting of a rule violation and providing information on how to come into compliance.

 

R430-4-4. Initial Application.

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

(2) Each applicant shall comply with all regulations, ordinances, and codes, zoning, fire, sanitation, building and licensing laws, of the city, county, municipality in which the home is located.

(3) The applicant shall submit the following documentation as part of the application:

(a) beginning July 1, 2006, a satisfactory report by the local health department for facilities providing food service;

[(a)](b) five hours of Department-approved training in child care;

[(b)](c) current CPR and First Aid certificates from a Department-approved source; and

[(c)](d) background clearance documents as required in R430-6.

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

 

R430-4-6. Expiration and Renewal of Certificate.

(1) Each residential certificate expires at midnight on the day designated on the certificate, unless previously revoked by the Department.

(2) [The certificate holder shall submit a completed residential certificate application and applicable fees to the Department 30 days prior to the current certificate expiration]To renew a certificate, the certificate holder must submit to the Department no less than 30 days prior to the current certificate expiration:

(a) a completed residential certificate application; and

(b) applicable fees.

(3) After June 30, 2006, for each renewal falling in a fiscal year that begins in an even-numbered calendar year, a certificate holder that provides food service must also submit with the application a satisfactory report from the local health department.

(4) A certificate holder that fails to renew its certificate by the certificate expiration date may have an additional 30 days to complete the renewal if the certificate holder pays a late fee.

([4]5) The Department shall not renew a residential certificate for a facility that is no longer providing child care.

 

R430-4-10. Compliance Assurance.

(1) The Department shall conduct an announced and unannounced inspection of each certified facility to:

(a) determine compliance with rules;

(b) verify compliance with conditions placed on a certificate in a conditional status; and

(c) verify compliance with variance conditions.

(2) If allegations of child abuse, child neglect or serious health hazards in or around the provider's home [(see UCA 26-39-105.5(1)(d)) ]are reported to the Department, the Department shall conduct a complaint investigation.

(a) The Department shall not investigate complaints from an anonymous source.

(b) The Department shall inform complainants that they are guilty of a class B misdemeanor if they are giving false information to the Department with the purpose of inducing a change in a certification status.

 

R430-4-15. Revocation.

(1) The Department may revoke a certificate if the certificate holder:

(a) fails to meet the conditions of a conditional status;

(b) violates the Child Care Licensing Act;

(c) provides false or misleading information to the Department;

(d) refuses to submit or make available to the Department any written documentation required to do an inspection or investigation;

(e) refuses to allow authorized representatives of the Department access to a facility to ascertain compliance to rules;

(f) fails to provide, maintain, equip, and keep the facility in a safe and sanitary condition; or

(g) has committed acts that would exclude a person from being licensed or certified under R430-6,

(2) The Department may set the effective date of the revocation such that parents are given 10 business days to find other care for children.

 

R430-4-19. Variances.

(1) If a certificate holder or applicant cannot comply with a rule but can meet the intent of the rule in another way, he may apply for a variance to that rule. The Department cannot issue a variance to the background screening requirements of Section 26-39-107 and R430-6.

(2) A certificate holder or applicant requesting a variance shall submit a completed variance request form to the Department. The requests must include:

(a) the name and address of the facility;

(b) the rule from which the variance is being sought;

(c) the time period for which the variance is being sought;

(d) a detailed explanation of why the rule cannot be met;

(e) the alternative means for meeting the intent of the rule;

(f) how the health and safety of the children will be ensured; and

(g) other justification that the certificate holder or applicant desires to submit.

(3) The Department may require additional information before acting on the request.

(4) The Department shall act upon each request for a variance within 60 days of the receipt of the completed request and all additional information required by the Department.

(5) If the Department approves the request, the certificate holder shall keep a copy of the approved variance on file in the facility and make it publicly available.

(6) The Department may grant variances for up to 12 months.

(7) The Department may impose health and safety conditions upon granting a variance.

(8) The Department may revoke a variance if:

(a) the provider is not meeting the intent of the varied rule by the documented alternative means;

(b) the facility fails to comply with the conditions of the variance; or

(c) a change in statute, rule, or case law affects the justification for the variance.

 

R430-4-20. Statutory Penalties.

(1) A violation of any rule is punishable by administrative civil money penalty of up to $5,000 per day as provided in Utah Code Section 26-39-108 or other civil penalty of up to $5,000 per day or a class B misdemeanor on the first offense and a class A misdemeanor on the second offense as provided in Utah Code, Title 26, Chapter 23.

(2) The Department may impose an administrative civil money penalty of up to $100 per day to a maximum of $10,000 for unlicensed or uncertified child care.

(3) The Department may impose an administrative civil money penalty of up to $100 per day to a maximum of $10,000 for each violation of the Child Care Licensing Act or the rules promulgated pursuant to that act.

(4) Any person intentionally making false statements or reports to the Department may be fined $100 for each violation to a maximum of $10,000.

(5) Assessment of any civil money penalty does not preclude the Department from also taking action to deny, revoke, condition, or refuse to renew a license or certificate.

(6) Assessment of any administrative civil money penalty under this section does not preclude injunctive or other equitable remedies.

(7) Within 10 working days after receipt of a negative licensing action or imposition of a fine, each child care program must provide the Department with the names and mailing addresses of parents or legal guardians of each child cared for at the facility so the Department can notify the parents and guardians of the negative licensing action.

 

KEY: child care facilities

Date of Enactment or Last Substantive Amendment: [February 6], 2006

Notice of Continuation: July 7, 2003

Authorizing and Implemented or Interpreted Law: 26-39