Current through 2024-38, September 18, 2024
A.
Application. Applicants must comply with the following
requirements and procedures in this subsection to obtain a license.
1. The applicant must be at least 18 years
old.
2. A provider must be at least
16 years old, and, if younger than 18 years old, must be under the direct
supervision of an adult.
3. An
application for an initial license must be filed with the Department.
Applications filed with the Department that remain incomplete for 60 days are
void.
4. The Department shall only
review a complete application. A complete application for an initial license
includes the completed application form furnished by the Department, the
application fee and the following:
a.
Documentation of current certification in adult, child and infant
cardiopulmonary resuscitation (CPR) and first aid.
b. A site plan that clearly identifies:
i. The premises;
ii. A floor plan indicating all areas where
children will be served; and
iii.
Any businesses co-located on the premises.
c. Water testing results from a
Maine-certified laboratory in accordance with Section 13 of this
rule.
d. Verification of completion
of Department-approved pre-licensing training, as described in Section 9.
e. Clearance by the Department
regarding background checks as described in Section 6 of this rule.
5. All applicants must comply with
the State Fire Marshal's Office, Department of Public Safety, regarding any
restrictions on the ages of children or limitations on the use of basements,
specific rooms within the property, or floors above the ground level.
The Department and a representative of the State Fire
Marshal's Office will conduct onsite inspections of the premises to evaluate
compliance with this rule and applicable statutes including but not limited to
the Life Safety Code (16-219 C.M.R. Chapters 2, 5, 6, 17 and
20). The Department and State Fire Marshal must complete their inspections, and
the applicant must be in compliance with these requirements before the
Department will issue a license.
7. The licensee must have a written plan for
evacuation in the event of a fire, natural disaster or other threatening
situation that may pose a health or safety hazard to the children in the family
child care.
B.
Timely renewal. Licensees must submit a renewal application at
least 60 days prior to the expiration of a license.
1. If a complete and timely application for
renewal is made, the existing license will continue to be in effect until a
final decision on the renewal is made.
2. A complete renewal application consists of
the renewal form and fee.
3. A
renewal may not be issued until the licensee has corrected any violations of
this rule and any fines due have been paid.
4. The Department must obtain verification of
a satisfactory inspection every two years from the State Fire Marshal's Office
prior to issuing a renewal license.
5. The licensee must submit an application
for a license when they change locations. Operation at the new location is
prohibited until the Department issues the license for the new
location
C.
Temporary license. Whenever a licensee temporarily relocates as a
result of an emergency, the Department may issue a temporary license in
accordance with
22
M.R.S. §8301-A.
D.
Licensing
1. A license shall be issued for a term of
two years and shall state the licensed capacity.
2. A temporary license shall be issued for a
specific term not to exceed six months.
3. The licensee shall post a copy of the
current license, including the most recent inspection report, any conditional
license, lead hazard notices, or other notices or correspondence from the
Department indicating that they must be posted in a conspicuous
location.
4. The licensee must
notify the parents of any licensing actions, as described in Section 20(D) -(I)
of this rule, taken against the provider.
5. Licenses are non-transferable.
6. The licensee is responsible for ensuring
compliance with this rule and all applicable statutes for themselves and any
providers working in the child care.
7. Licensees may request an increase or
decrease in licensed capacity by submitting the request in writing.
8. The Department may allow increases in
capacity subject to the approval of the State Fire Marshal's Office. The
Department must issue a revised license before the licensee may increase their
licensed capacity.
9. Illegal
drugs, drug paraphernalia, marijuana and any product containing
tetrahydrocannabinol, tobacco and nicotine products, and alcohol shall not be
consumed by a provider during operating hours. Illegal drugs may not be present
on the premises at any time. Tobacco and nicotine products, alcohol, marijuana
and any product containing tetrahydrocannabinol must be inaccessible to
children.
10. Fire evacuation
drills must be conducted at least once each month for all children and adults
present, using at least two means of exit. Fire drills must be conducted
according to posted procedures.
11.
Licensees must allow parents to visit and observe at any time during the hours
of operation.
E.
Waivers. Upon the written request of an applicant or licensee, the
Department may waive or modify a provision of these rules, as long as the
provision is not mandated by statute and the waiver does not adversely affect
the health and safety of a child in care.
1.
Application for a waiver or modification must be made on forms supplied by the
Department and must include:
a. A statement
of the provision for which waiver or modification is requested;
b. An explanation of the reasons why the
provision cannot be met and why a waiver or modification is being requested;
and
c. A description of the
alternative method proposed for meeting the intent of the provision sought to
be waived or modified.
2.
A waiver must be time-limited and will not exceed the term of the license.
Prior to the expiration of the license the provider shall submit a new
application for a waiver if the waiver continues to be
necessary.
