Utah Admin. Code R430-90-4 - Fire and Other Health Inspections
(1) If the local fire authority states in
writing that an applicant for a new license or a renewal does not require a
fire inspection, OL shall verify the applicant's compliance by ensuring:
(a) address numbers and letters are readable
from the street;
(b) boiler,
mechanical, and electrical panel rooms are not used for storage;
(c) exit doors operate properly and are well
maintained;
(d) there are no
obstructions in exits, aisles, corridors, and stairways;
(e) there are working smoke detectors that
are properly installed on each level of the building; and
(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.
(2) If an applicant for a new license or a
renewal serves food and the local health department states in writing that a
kitchen inspection is not required, OL shall verify the applicant's compliance
by ensuring:
(a) any chemical is stored away
from food and food service items;
(b) food is properly stored, kept to the
proper temperature, and in good condition;
(c) any reusable food holder, utensil, and
food preparation surface is washed, rinsed, and sanitized before each
use;
(d) the refrigerator is clean,
in good repair, and working at or below 41 degrees Fahrenheit;
(e) there is a working handwashing sink in
the kitchen;
(f) there is a working
stem thermometer available to check cooking and hot-hold temperatures;
and
(g) there is a working
thermometer in the refrigerator.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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;
(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.