Or. Admin. Code § 414-320-0130 - [Effective 7/1/2025] Application Process

(1) An applicant must submit an original and complete application for a certificate on the forms provided by DELC:

(a) For the initial certificate;

(b) For the annual renewal of the certificate;

(c) Whenever there is a change of owner;

(d) Whenever the certified ONB program moves to a new location; or

(e) For increase of capacity.

(2) If an applicant is not an individual, the application must be signed by the chief executive officer or a person designated in writing to have the authority to sign the application. If an applicant is a partnership, the application must be signed by each partner.

(3) An applicant that is not the owner of the certified ONB program must identify the owner on the application.

(4) An applicant must submit a non-refundable filing fee with the application.

(a) For the initial application, a change of owner, the reopening of a program after a lapse in certification, or a change of location, the fee is $100 plus $2 for each certified space. For example, the fee for an ONB program certified to care for 30 children is $100 + $60 = $160.

(b) For a renewal application, the fee is $2 for each licensed capacity space.

(c) For an increase in capacity, the fee is $2 for each additional capacity space.

(5) An applicant or licensee must complete and submit an application to DELC at least:

(a) 45 days before the planned opening date of a new ONB program or change of owner or location; and

(b) 30 days prior to the expiration of the certificate for a renewal.

(A) If an application for renewal and payment of the required fee is received at least 30 days prior to the expiration date of the current certificate, the current certificate, unless officially revoked, remains in force until DELC has acted on the application for renewal and has given notice of the action taken.

(B) If an application for renewal and payment of the required fee is not received at least 30 days prior to the expiration date of the current certificate, the certificate will expire and the certified ONB program must cease operations unless the renewal is completed prior to the expiration date.

(6) An applicant must provide the following items with the application for an initial certificate, change of owner, change of address and when the program indoor floor plan or outdoor areas change:

(a) Approval by an environmental health specialist registered under ORS chapter 700 or an authorized representative of the Oregon Health Authority;

(b) Initial or current lead testing results for each source of drinking water, as required in OAR 414-320-0820, Water Supply and Plumbing; and

(c) A diagram with all pertinent measurements of the premises, including outdoor classrooms, kitchens, toileting facilities, bodies of water, and permanently located natural hazards.

(7) Additionally, an applicant must provide the following items for review prior to an application being approved for an initial certificate, change of owner, change of address, or changes to the program indoor floor plan or outdoor areas:

(a) If the certified ONB program uses a building for any purpose other than meeting the biological needs of children or staff, approval by a state or local fire code official prior to the initial certification date. If the ONB program does not utilize indoor space for any purpose, evidence of the ONB program's request for a fire safety consultation from state or local fire code official;

(b) For all applicable areas and activities, completed benefit-risk assessments that are in compliance with the requirements described in OAR 414-320-0215, ONB Benefit-Risk Assessments;

(c) A description of the proposed toileting facilities that will be used by children and staff, including a description of any alternative toileting policies and practices that may be implemented;

(d) A floor plan of any buildings or structures that may or will be used for any purpose that includes a description and diagram of all emergency exits and emergency exit pathways;

(e) An emergency preparedness plan; and

(f) Verification that the local emergency management system, fire district, and other applicable emergency response agencies have been provided notice of the location of the ONB program. The notice must be provided by the ONB program using a DELC approved form.

(8) An application for renewal of a certified ONB program certificate may be approved by DELC upon DELC's receipt of the following:

(a) Written approval by an environmental health specialist registered under ORS chapter 700 or an authorized representative of the Oregon Health Authority;

(b) Written approval by a state or local fire code official within the last 2 years of the renewal date, if applicable; and

(c) DELC's Health and Safety inspection completed successfully with the ONB program's DELC licensor.

(9) If the certified ONB program utilizes a building for any purpose, the applicant must submit a floor plan to DELC, the environmental health specialist, the fire code official, and the local building department prior to initial construction, remodel, or change in location. An applicant is responsible for payment of any applicable fees for fire safety and sanitation inspections.

(10) An applicant must pay in full all civil penalties established by final order against the applicant or be compliant with a DELC approved payment plan before DELC will process an initial or renewal application.

(11) If DELC has not approved, issued a notice of intent to deny, or issued a final order by default or after a contested case hearing denying an application within 12 months of the date the application was submitted to DELC, the application may be closed, subject to the applicant's right to submit a new application at any time. This rule does not apply if:

(a) The application is a timely renewal application; or

(b) DELC has issued a notice of intent to deny the application that has not resulted in a final order or withdrawal.

Notes

Or. Admin. Code § 414-320-0130

DELC 2-2025, adopt filed 03/26/2025, effective 7/1/2025

Statutory/Other Authority: ORS 329A.260, ORS 329A.400

Statutes/Other Implemented: ORS 329A.280