R430. Health, Health Systems Improvement, Child
R430-2. General Licensing Provisions, Child Care
rule is adopted pursuant to Title 26, Chapter 39.
The purpose of this rule is to define the standards that
child care facilities must follow in order to obtain a license. Except as exempted by Utah Code Section
26-39-106, no person or governmental unit acting severally or jointly with any
other person, or governmental unit shall establish, conduct, or maintain a
child care facility in this state without first obtaining a license from the
R430-2-3. Initial Application.
(1) An applicant for a license shall [
file a Request for Agency
Action/][ L]icense [ A]pplication [ with the
Utah Department of Health ]on a form furnished by the Department.
(2) Each applicant shall comply with all zoning, fire, safety, sanitation,
building and licensing laws[
, regulations, ordinances, and codes] of the
city and county in which the facility or agency is located. The applicant shall obtain the following
clearances and submit them as part of the [ completed
]application[ to the licensing agency]:
A] certificate of fire
clearance from the State Fire Marshal or designated local fire authority
certifying compliance with local and state fire codes[ with initial and
renewal application, change of ownership, and at any time new construction or
substantial remodeling has occurred.]
A] satisfactory report by a
local health department for facilities providing food service[ at initial
application and upon a change of ownership.]
of Occupancy from the local building official at initial application, change of
location and at the time of any new construction or substantial remodeling].
(3) The [
comply with the following requirements]:
L]ist 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;
P]rovide the name, address,
percentage of stock, shares, partnership, or other equity interest of each
L]ist, 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
(4) The licensee shall provide the following
written assurances on all individuals listed in R430-2-3(3):
N]one of the persons has
been convicted of a felony;
N]one 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
N]one 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;
N]one of the persons has
been convicted of child abuse, neglect, or exploitation.
R430-2-4. License Fee.
The licensee shall submit a license fee as established in
accordance with Subsection 26-39-104(1)(c) with the completed application
form. A current fee schedule is
available from the Department upon request.
The Department shall assess late fees according to the fee schedule.
R430-2-5. Additional Information.
The Department may review policy and procedure manuals
prior to issuing a license to determine compliance with licensure.
6]. 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
packet or within 12 months of the date the first component of
an application packet is received].
(2) The applicant must pay fees and reapply for [
licensure] if the [ application packet is not completed
within 12 months].
(3) The Department shall review the policy and
procedure manual within 60 days after submittal.
(4)] Upon verification of
compliance with licensing [ requirements] the Department
shall issue a[ provisional] license.
(5)] The Department shall issue a written [ notice
of agency ]decision denying a license if the facility
[ is] not in compliance with the [ applicable laws, ]rules[ ,
(6) An applicant
who was denied licensure may reapply for initial licensure as a new applicant
and shall be required to initiate a new request for agency action.
(7) The Department
shall assess an administrative fee on all denied license applications. The Department shall subtract the fee from
any fees submitted as part of the application packet and refund the balance to
R430-2-7. License Provisions.
(1) The license
is not assignable or transferable.
(2) Each license
is the property of the Department. The
licensee shall return the license within five days after notifying the
Department of closure or upon the request of the Department.
(3) The facility
shall post the license on the facility premises in a place readily visible and
accessible to the public.
8]. Expiration and Renewal.
(1) Each [
standard ]license [ shall ]expire
at midnight on the day designated on the license as the expiration date, unless
previously revoked by the Department.[ If the facility is operating under a conditional license for a
period extending beyond the expiration date of the current license the
Department shall establish a new expiration date. A license shall expire on the date specified on the license
unless the licensee requests and is granted an extension from the Department.]
(2) The licensee shall [
a Request for Agency Action/][ L]icense [ A]pplication[
form], applicable fees[ ,] and [ clearances]
to the Department [ 15] days before the current license expires.
(3) The Department shall renew a standard
license upon verification that the licensee and facility are in compliance with
all applicable license rules.
(4)] The Department shall
not renew a license for a child care facility [ who]
discontinues child care services.[
The child care facility shall request an initial license.]
R430-2-9. New License Required.
(1) The licensee
shall submit a Request for Agency Action/License Application, fees, and
required documentation for a new license at least 30 days before any of the
following proposed or anticipated changes occur:
(a) Occupancy of
a new or replacement facility.
(b) Change of
(2) Before the
Department may issue a new license for a change of ownership, the prospective
licensee shall provide documentation that:
(a) All child
care records, personnel records, staffing schedules, in-service program
records, and other documents required by applicable rules remain in the
facility and have been transferred to the custody of the new licensee.
(b) The existing
policy and procedures manual has been adopted by the prospective licensee, or a
new manual has been approved by the Department and adopted by the facility
governing body before change of ownership occurs.
(c) The licensee
can submit written documentation of the right to use the property.
prospective licensee is responsible to correct all uncorrected rule violations
and deficiencies including any current plan of correction submitted by the
prospective licensee may submit a revised plan of correction to be reviewed for
approval by the Department, before the change of ownership becomes effective.
(b) Failure to
correct deficiencies by the new licensee may result in sanction action or
revocation of the license.
(4) If a license
is issued to the new owner, the previous licensee shall return his license to
(5) When the
Department verifies that the facility is in compliance with all applicable
licensure rules, the Department may issue a new license effective the date that
the Department determines compliance.
10]. Change in [ Licensure Status].
(1) The licensee shall submit a
Request for Agency Action/][ L]icense [ A]pplication
to amend or modify [ licensure status] at least
30 days before any of the following proposed or anticipated changes:
I]ncrease or decrease of
licensed capacity[ .]
C]hange in name of facility[ .]
C]hange in license category[ .]
C]hange of license
C]hange in [ administrator
for centers][ .]
(2) An increase of licensed capacity may [
incur] an additional license fee[ if the increase exceeds the
maximum number of units in the fee category division of the existing license]. This fee [ shall be] the
difference in license fee for the existing and proposed capacit[ y].
(3) The Department may issue an amended or
modified license when the Department verifies that the licensee and facility
are in compliance with all [
applicable licensure] rules.
licensee that ceases operation shall:
N]otify the Department and
the children's families at least 30 days before the effective date of closure[ .]
M]ake provision for the safe
keeping of records.[
(3) Return the
license to the Department within five days after the facility ceases operation.]
R430-2-12. Provisional License.
(1) A provisional
license is an initial license issued to a licensee for a probationary period.
(a) In granting a
provisional license, the Department shall assure that the facility has the
potential to provide services and shall be in full compliance with licensure
rules during the six month period.
department shall issue a provisional license for six months, and shall not
issue more than one provisional license to any child care facility in any
licenses are nonrenewable.
(2) If the
licensee fails to meet terms and conditions of licensure before the expiration
date of the provisional license, the provisional license automatically expires.
R430-2-13. Conditional License.
(1) A conditional
license is a remedial license issued to a licensee found to have:
(a) a Class I
violation or a Class II violation that remains uncorrected after the specified
time for correction,
(b) more than
three cited repeat Class I or II violations from the previous inspection, or
(c) failure to
fully comply with administrative procedures for licensing.
(2) A standard
license is automatically revoked when the Department issues a conditional
Department may not issue a conditional license after the expiration of a
(4) In granting a
conditional license, the Department shall assure that the lack of full compliance
is not likely to immediately harm the health and safety of the children.
Department shall establish the period of time for the conditional license based
on an assessment of the nature of the existing violations and facts available
at the time of the decision.
Department shall set conditions whereby the licensee must comply with a plan of
(7) If the
licensee fails to meet the conditions before the expiration date of the
conditional license, the conditional license automatically expires.
R430-2-14. Standard License.
The Department may issue a standard license upon
completion of the following:
(1) the licensee
meets the conditions attached to a provisional or conditional license;
(2) the licensee
corrects the identified rule violations; or
(3) the facility
assures the Department that it complies with R430-2-8 and R430-2-9.
(1) A licensee
may request a variance from state rules at any time.
(2) An applicant
requesting a variance shall file a Request for Agency Action/Variance
Application with the Utah Department of Health on forms furnished by the
Department may require additional information from the facility before acting
on the request.
Department shall act upon each request for variance in writing within 60 days
of receipt of a completed request.
(5) If the
Department grants a request, the Department shall amend the license in writing
to indicate the approval. The licensee
shall keep a copy of the approved variance on file in the facility and make it
available to all interested parties on request.
Department may grant variances for specific amounts of time and renew variances
upon request of the licensee.
Department may impose conditions upon granting a variance to assure acceptable
levels of health and safety.
Department may limit the duration of any variance.
Department shall issue a written notice of agency decision denying a variance
upon determination that the variance is not justified.
Department may issue a notice of agency action to revoke a variance if:
(a) The variance
could adversely affect the health or safety of the children.
(b) The facility
fails to comply with the conditions of the variance as granted.
(c) The licensee
notifies the Department in writing that he wishes to relinquish the variance
and be subject to the rule previously varied.
(d) There is a
change in statute, rule, or case law affecting the reason for the variance.
R430-2-16. Deemed Status.
The Department may grant deemed status to facilities
accredited by the National Academy of Early Childhood Programs, (NAEYC), or
National Accreditation Commission for Early Care and Education Programs,
National Association for Family Child Care (NAFCC) or National Early Childhood
Program Accreditation in lieu of the annual licensing inspection by the
Department upon completion of the following:
(1) As part of
the annual license renewal process, the licensee shall identify on the Request
for Agency Action/Application its desire to:
deemed status, or
deemed status during the licensing year of application.
(2) This request
constitutes written authorization for the Department to attend the exit
(3) Upon receipt
from the accrediting agency, the facility shall submit copies of the following:
reports and recommendations; and
reports of all corrective actions underway or completed in response to the
accrediting body's action or Department recommendations.
Department may assert regulatory responsibility and authority pursuant to
applicable state and federal statutes, including:
(a) annual and
of complaints, and
of the following:
(i) violations of
state law, rule or standard identified in the accrediting body's survey; or
of state law, rule or standard identified in the Department's survey.
Department may annually conduct validation inspections of facilities accredited
for the purpose of determining compliance with state licensing
requirements. If a validation survey
discloses a failure to comply with the licensing rules, the provisions relating
to an annual inspection shall apply.
(1) The licenses
for all facilities licensed as of June 30, 1997 shall expire by virtue of this
issued by the Department of Human Services in May and June of 1997 are reissued
as provisional licenses by the Department of Health from July 1, 1997 to
December 31, 1997.
(3) All other
licenses issued by the Department of Human services shall be extended by the
Department of Health until their existing expiration date.
child care facilities
April 12, 2004]
Notice of Continuation
December 19, 2002