55 Pa. Code § 3280.11 - Application for and issuance of a certificate of compliance
(a) A legal entity
shall obtain a valid certificate of compliance to operate at a specific
location. The certificate of compliance will be issued by the Department to a
legal entity prior to commencement of operation at a specified
location.
(b) A legal entity or a
representative of the legal entity shall participate in an orientation training
provided by the Department within 12 months prior to commencing operation of
the group child care home . The orientation does not count toward the annual
minimum of 12 clock hours of child care training required in §
3280.31(e)
(relating to age and training).
(c)
Prior to issuance of a certificate of compliance , the legal entity or
representative of the legal entity shall complete professional development in
each of the following topics:
(1) Prevention
and control of infectious diseases (including immunization) and the
establishment of a grace period that allows homeless children and children in
foster care to receive services under this subchapter while their families
(including foster families) are taking necessary action to comply with
immunization and other health and safety requirements.
(2) Prevention of Sudden Infant Death
Syndrome and use of safe sleep practices.
(3) Administration of medication, consistent
with standards for parental consent.
(4) Prevention of and response to emergencies
due to food and allergic reactions.
(5) Building and physical premises safety,
including identification of and protection from hazards that can cause bodily
injury such as electrical hazards, bodies of water, and vehicular
traffic.
(6) Prevention of shaken
baby syndrome and abusive head trauma.
(7) Emergency preparedness and response
planning for emergencies resulting from a natural disaster or a man-caused
event (such as violence at a child care facility ) within the meaning of those
terms under section 602(a)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C.A. §
5195a(a)(1)).
(8) Handling and storage of hazardous
materials and appropriate disposal of biocontaminants.
(9) Precautions when transporting
children.
(10) Pediatric first aid
and pediatric cardiopulmonary resuscitation.
(d) Completion of professional development
shall be documented by the signature and title of a representative of the
professional development entity and include the date the professional
development was completed. Documentation shall be included with the application
when it is submitted to the regional office. Documentation of the completion of
professional development under subsection (c) taken from September 30, 2016,
forward satisfies this requirement.
(e) Regarding child abuse and criminal
history clearances related to the CPSL , the following apply:
(1) At initial application for a certificate
of compliance , the legal entity shall submit clearances for the legal entity
and for each individual 18 years of age or older who resides in the facility at
least 30 days in a calendar year .
(2) At renewal, the legal entity shall submit
clearances for each individual 18 years of age or older who resides in the
facility at least 30 days in a calendar year if any of the following apply:
(i) The individual attained 18 years of age
following the date of the previous application for a certificate of
compliance .
(ii) The individual
moved into the facility following the date of the previous application for a
certificate of compliance .
(3) Clearances are required for the legal
entity and for each individual 18 years of age or older who resides in the
facility at least 30 days in a calendar year by the Department if an
application for renewal is received following expiration of the current
certificate of compliance .
(f) Application for a certificate of
compliance shall be submitted to the appropriate regional child care office in
accordance with Chapter 20 (relating to the licensure or approval of facilities
and agencies).
(g) A certificate of
compliance is issued in the manner described in Chapter 20, for a period not to
exceed 12 months from the date of issue.
(h) An agent of the Department will annually
conduct at least one onsite unannounced inspection of a child care
facility .
(i) The facility is
subject to announced and unannounced inspections in accordance with §
3280.23 (relating to Departmental
access).
(j) Except for §
20.32 (relating to announced
inspections), the requirements in Chapter 20 apply to child care
facilities.
(k) Sanctions relating
to the status of a certificate of compliance are applied under the authority of
applicable sections of the act , Chapter 20 and this chapter.
(l) A facility whose certificate of
compliance is current as of December 19, 2020, will not be inspected under this
chapter until the current certificate of compliance is due to be renewed or
when a regulatory violation is alleged and the Department responds to the
alleged violation with an inspection.
Notes
The provisions of this § 3280.11 amended under Articles IX and X of the Human Services Code (62 P.S. §§ 901-922 and 1001-1088).
This section cited in 55 Pa. Code § 3280.221 (relating to requirements specific to school-age programs).
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