Current through Bulletin 2024-06, March 15, 2024
(1) Each applicant for a new child care
license shall:
(a) submit a CCL online
application;
(b) submit a copy of a
current local fire clearance or a written statement from the local fire
authority that a fire inspection is not required;
(c) submit a copy of a current local health
department kitchen clearance for a facility providing food service or a written
statement from the local health department that a kitchen inspection is not
required;
(d) submit a copy of a
current local business license or a written statement from the city that a
business license is not required;
(e) complete CCL background checks for
covered individuals as required in Section
R430-90-8;
(f) complete CCL new provider training no
more than six months before becoming licensed; and
(g) pay any required fees, which are
nonrefundable.
(2) Each
applicant shall pass a department's inspection of the facility before a new
license or a renewal is issued.
(3)
If the local fire authority states in writing that an applicant for a new
license or a renewal does not require a fire inspection, the department shall
verify the applicant's compliance with the following:
(a) address numbers and letters are readable
from the street;
(b) exit doors
operate properly and are well maintained;
(c) there are no obstructions in exits,
aisles, corridors, and stairways;
(d) there is at least one unobstructed fire
extinguisher on each level of the building, currently charged and serviced, and
mounted not more than five feet above the floor;
(e) there are working smoke detectors that
are properly installed on each level of the building; and
(f) boiler, mechanical, and electrical panel
rooms are not used for storage.
(4) If an applicant for a new license serves
food and the local health department states in writing that a kitchen
inspection is not required, the department shall verify the applicant's
compliance with the following:
(a) the
refrigerator is clean, in good repair, and working at or below 41 degrees
Fahrenheit;
(b) there is a working
thermometer in the refrigerator;
(c) there is a working stem thermometer
available to check cooking and hot hold temperatures;
(d) reusable food holders, utensils, and food
preparation surfaces are washed, rinsed, and sanitized before each
use;
(e) chemicals are stored away
from food and food service items;
(f) food is properly stored, maintained at
the proper temperature, and in good condition; and
(g) there is a working handwashing sink in
the kitchen.
(5)
(a) Each applicant for a new license shall
complete the licensing process within six months from the time any portion of
the application is submitted to the department.
(b) If successful licensure is not achieved
by the applicant within six months, the applicant shall reapply.
(c) Any resubmission shall include the
required documentation and payment of licensing fees.
(d) The department shall conduct a new
inspection of the facility before issuing a license.
(6) The department may deny an application
for a license if, within the five 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 a rule noncompliance 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 license expires at midnight on the last day of the month shown on
the license, unless the license was previously revoked by the department, or
voluntarily closed by the provider.
(8) Within 30 to 90 days before a current
license expires, each provider shall submit for renewal:
(a) an online renewal request;
(b) applicable renewal fees;
(c) any previous unpaid fees; and
(d) a copy of a current fire inspection
report.
(9) The
department may grant a provider who fails to renew their license by the
expiration date an additional 30 days to complete the renewal process if the
provider pays a late fee.
(10) The
department may deny renewal of a license for a provider who is no longer caring
for children.
(11) Each provider
shall submit a complete application for a new license at least 30 days before a
change of the child care facility's location.
(12) A provider shall submit a complete
online changes request to amend an existing license at least 30 days before any
of the following changes:
(a) an increase or
decrease of licensed capacity, including any change to the amount of usable
indoor or outdoor space where child care is provided;
(b) a change in the name of the
program;
(c) a change in the
regulation type of the program;
(d)
a change in the name of the provider; or
(e) a transfer of business
ownership.
(13) The
department may amend a license after verifying that the applicant is in
compliance with all applicable rules and required fees have been paid. The
expiration date of the amended license remains the same as the previous
license.
(14) Only the department
may assign, transfer, or amend a license.
(15)
(a) If
an applicant or provider cannot comply with a rule under Rule R381-90 but can
meet the intent of the rule in another way, the applicant or provider may apply
for a variance to that rule by submitting a request to the
department.
(b) The department may:
(i) require additional information before
acting on a variance request; and
(ii) impose health and safety requirements as
a condition of granting a variance.
(c) Each provider shall comply with the
existing Rule R381-90 unless the department approves a variance.
(d) If a variance is approved, the provider
shall keep a copy of the written approval on-site for review by parents and the
department.
(e) The department may
grant variances for up to 12 months.
(f) The department may revoke a variance if:
(i) the provider is not meeting the intent of
the rule as stated in their approved variance;
(ii) the provider fails to comply with the
conditions of the variance; or
(iii) a change in statute, rule, or case law
affects the basis for the variance.
