Health, Family Health and Preparedness, Child Care Licensing

Rule R430-2

General Licensing Provisions, Child Care Facilities

Notice of Proposed Rule

(Repeal)

DAR File No.: 35579
Filed: 12/23/2011 04:35:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is obsolete and will be combined with another obsolete rule, Rule R430-3, in a new rule to be numbered Rule R430-1. (DAR NOTE: The proposed repeal of Rule R430-3 is under DAR No. 35580 and the proposed new Rule R430-1 is under DAR No. 35581 in this issue, January 15, 2012, of the Bulletin.)

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 39

Anticipated cost or savings to:

the state budget:

Because the content of this rule is being moved to another rule, the costs that currently occur will continue. Therefore, the agency does not anticipate any cost or savings associated with this repeal.

local governments:

Because the content of this rule is being moved to another rule, the costs that currently occur will continue. Therefore, the agency does not anticipate any cost or savings associated with this repeal.

small businesses:

Because the content of this rule is being moved to another rule, the costs that currently occur will continue. Therefore, the agency does not anticipate any cost or savings associated with this repeal.

persons other than small businesses, businesses, or local governmental entities:

Because the content of this rule is being moved to another rule, the costs that currently occur will continue. Therefore, the agency does not anticipate any cost or savings associated with this repeal.

Compliance costs for affected persons:

Because the content of this rule is being moved to another rule, the agency does not anticipate any increased costs for compliance.

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

As requested by Governor Herbert, this rule was carefully reviewed with impacted business and other parties. This rule will be repealed and replaced by a new Rule R430-1 with streamlined and simplified language. No new costs to business are expected by repeal of this rule.

David Patton, PhD, Executive Director.

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

Health
Family Health and Preparedness, Child Care Licensing
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Teresa Whiting at the above address, by phone at 801-538-6320, by FAX at 801-538-6325, or by Internet E-mail at twhiting@utah.gov

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:

02/14/2012

This rule may become effective on:

03/01/2012

Authorized by:

David Patton, Executive Director

R430. Health, Family Health and Preparedness, 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 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, 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 completed license 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 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) beginning July 1, 2006, a satisfactory report by the local health department for facilities providing food service; and

(c) a 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 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.

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

(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) At least 30 days prior to the expiration of the current license, the licensee shall submit a completed license application, applicable fees and, beginning July 1, 2006 for facilities providing food service, a satisfactory report by the local health department.

(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 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 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

Date of Enactment or Last Substantive Amendment: May 25, 2006

Notice of Continuation: July 27, 2007

Authorizing, and Implemented or Interpreted Law: 26-39; 26-21-12; 26-21-13]