R430-50-4. Certificate Application, Renewal, Changes, and Variances

  (1) An applicant for a new child care certificate shall submit to the Department:

  (a) an online application;

  (b) a copy of a current local fire clearance or a statement from the local fire authority that a fire inspection is not required;

  (c) a copy of a current local health department kitchen clearance for a facility providing food service or a statement from the local health department that a kitchen inspection is not required;

  (d) a copy of a current local business license or a statement from the city that a business license is not required;

  (e) a copy of a completed Department health and safety plan form;

  (f) CCL background checks for all covered individuals as required in R430-50-8;

  (g) a current copy of the Department's new provider training certificate of attendance;

  (h) all required fees, which are nonrefundable; and

  (i) a signed Affidavit of Lawful Presence form provided by the Department.

  (2) The applicant shall pass a Department's inspection of the facility before a new certificate or a renewal is issued.

  (3) If the local fire authority states that a fire inspection is not required, a Department's CCL inspection for a new certificate or a renewal of a certificate shall include compliance with the following:

  (a) address numbers and/or letters shall be readable from the street;

  (b) address numbers and/or letters shall be at least 4 inches in height and 1/2 inch thick;

  (c) exit doors shall operate properly and shall be well maintained;

  (d) obstructions in exits, aisles, corridors, and stairways shall be removed;

  (e) there shall be unobstructed fire extinguishers that are of an X minimum rate and appropriate to the type of hazard, currently charged and serviced, and mounted not more than 5 feet above the floor;

  (f) there shall be working smoke detectors that are properly installed on each level of the building; and

  (g) boiler, mechanical, and electrical panel rooms shall not be used for storage.

  (4) If the local health department states that a kitchen inspection is not required, a Department's CCL inspection for a new certificate or a renewal of a certificate shall include compliance with the following:

  (a) the refrigerator shall be clean, in good repair, and working at or below 41 degrees Fahrenheit;

  (b) there shall be a working thermometer in the refrigerator;

  (c) there shall be a working stem thermometer available to check cook and hot hold temperatures;

  (d) cooks shall have a current food handler's permit available on-site for review by the Department;

  (e) reusable food holders, utensils, and food preparation surfaces shall be washed, rinsed, and sanitized with an approved sanitizer before each use;

  (f) chemicals shall be stored away from food and food service items;

  (g) food shall be properly stored, kept to the proper temperature, and in good condition; and

  (h) there shall be a working handwashing sink in the kitchen.

  (5) If the applicant does not complete the application process within 6 months of first submitting any portion of the application, the Department may deny the application and to be certified, the applicant shall reapply. This includes resubmitting all required documentation, repaying licensing fees, and passing another inspection of the facility.

  (6) The Department may deny an application for a certificate if, within the 5 years preceding the application date, the applicant held a license or a certificate that was:

  (a) closed under an immediate closure;

  (b) revoked;

  (c) closed as a result of a settlement agreement resulting from a notice of intent to revoke, a notice of revocation, or a notice of immediate closure;

  (d) voluntarily closed after an inspection of the facility found rule violations that would have resulted in a notice of intent to revoke or a notice of revocation had the provider not closed voluntarily; or

  (e) voluntarily closed having unpaid fees or civil money penalties issued by the Department.

  (7) Each child care certificate expires at midnight on the last day of the month shown on the certificate, unless the certificate was previously revoked by the Department, or voluntarily closed by the provider.

  (8) Within 30 to 90 days before a current certificate expires, the provider shall submit for renewal:

  (a) an online renewal request,

  (b) applicable renewal fees,

  (c) any previous unpaid fees,

  (d) a copy of a current business license,

  (e) a copy of a current fire inspection report, and

  (f) a copy of a current kitchen inspection report.

  (9) A provider who fails to renew their certificate by the expiration date may have an additional 30 days to complete the renewal process if they pay a late fee.

  (10) The Department may not renew a certificate for a provider who is no longer caring for children.

  (11) The provider shall submit a complete application for a new certificate at least 30 days before a change of the child care facility's location.

  (12) The provider shall submit a complete application to amend an existing certificate at least 30 days before any of the following changes:

  (a) an increase or decrease of capacity, including any change to the amount of usable space where child care is provided;

  (b) a change in the name of the program;

  (c) a change in the regulation category of the program;

  (d) a change in the name of the provider; or

  (e) a transfer of business ownership to a spouse or to any other household member.

  (13) The Department may amend a certificate after verifying that the applicant is in compliance with all applicable rules and required fees have been paid. The expiration date of the amended certificate remains the same as the previous certificate.

  (14) A certificate is not assignable or transferable and shall only be amended by the Department.

  (15) If an applicant or provider cannot comply with a rule but can meet the intent of the rule in another way, they may apply for a variance to that rule by submitting a request to the Department.

  (16) The Department may:

  (a) require additional information before acting on the variance request, and

  (b) impose health and safety requirements as a condition of granting a variance.

  (17) The provider shall comply with the existing rule until a variance is approved.

  (18) If a variance is approved, the provider shall keep a copy of the written approval on-site for review by parents and the Department.

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

  (20) The Department may revoke a variance if:

  (a) the provider is not meeting the intent of the rule as stated in their approved variance;

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

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