Utah Admin. Code R381-40-4 - License Application, Renewal, Changes, and Variances
(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 business
license or a written statement from the city that a business license is not
required;
(d) 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;
(e)
have a copy of the educational credentials of the individual who will be the
director as required in Section
R381-40-7, ready for review by
the department ;
(g) complete CCL new provider training no
more than six months before becoming licensed; and
(h) pay any required fees, which are
nonrefundable.
(2) Each
applicant shall pass a department's inspection of the facility before a new or
a renewal license is issued.
(3) If
the local fire authority states in writing that an applicant for a new or a
renewal license 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) exit doors are unlocked from the inside
during business hours;
(e) exits
are clearly identified;
(f) 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;
(g) there are working smoke
detectors that are properly installed on each level of the building;
and
(h) boiler, mechanical, and
electrical panel rooms are not used for storage.
(4) If an applicant for a new or a renewal
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) reusable food holders, utensils, and food
preparation surfaces are washed, rinsed, and sanitized before each
use;
(d) chemicals are stored away
from food and food service items;
(e) food is properly stored, kept to the
proper temperature, and in good condition; and
(f) there is a working handwashing sink in
the kitchen and handwashing instructions posted by the
sink.
(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 new or renewal 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 the department
found a violation to any rule under Rule R381-40 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 department revokes the license or the provider
voluntarily closes the license.
(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
any of the following changes occur:
(a) a
change of the child care facility's location; or
(b) a change that transfers 50% or more
ownership or controlling interest to a new individual or
entity.
(12) A provider
shall submit a complete online change 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 ;
(e) an addition or
loss of a director ; or
(f) a change
in ownership that does not require a new license .
(13) The department may amend a license after
verifying that the applicant is in compliance with each applicable rule under
Rule R381-40 and has paid the required fees. 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 R381-40 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 R381-40 unless the department approves a variance.
(d) If the department approves a variance,
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.
Notes
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