DAR File No. 28593

Health, Health Systems Improvement, Child Care Licensing

R430-2

General Licensing Provisions, Child Care Facilities

NOTICE OF PROPOSED RULE

DAR File No.: 28593
Filed: 03/31/2006, 02:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change gives local health departments more time to prepare for kitchen inspections of licensed family providers

Summary of the rule or change:

The start date for the local health department to do kitchen inspections is July 1, 2006. The local health departments requested the July 1, 2006, start date.

State statutory or constitutional authorization for this rule:

Title 26, Chapter 39

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. This is only a change in the start date for kitchen inspections.

local governments:

There is no anticipated cost or savings to local government. This is only a change in the start date for kitchen inspections.

other persons:

There is no anticipated cost or savings to other persons. This is only a change in the start date for kitchen inspections.

Compliance costs for affected persons:

There are no compliance costs for other people associated with a change in the start date for kitchen inspections.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule does not impose additional costs on businesses as the requirement for food safety inspections has been in the rule for some time. However, with the amendments and coordination with local health departments, there is an expectation that the inspection requirement will be more fully enforced. Local health departments indicate that the inspection fee will be about $50 annually. As the inspection is required by statute and necessary for the protection of children under care, the costs are reasonable. David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Donna Thomas at the above address, by phone at 801-538-9294, by FAX at 801-538-6325, or by Internet E-mail at donnathomas@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/15/2006

This rule may become effective on:

05/16/2006

Authorized by:

David N. Sundwall, Executive Director

RULE TEXT

R430. Health, Health Systems Improvement, Child Care Licensing.

R430-2. General Licensing Provisions, Child Care Facilities.

R430-2-1. Authority and Purpose.

This rule is adopted pursuant to Title 26, Chapter 39. It defines the standards that a person[(s)] must follow to obtain a license for a child care facility.

R430-2-3. Initial Application.

(1) An applicant for a license shall submit to the Utah Department of Health a completed license application on a form furnished by the Department.

(2) Each applicant shall comply with all regulations, ordinances, and codes, zoning, fire, safety, sanitation, building and licensing laws of the city and county in which the facility is located. The applicant shall obtain the following clearances and submit them to the Department as part of the application:

(a) a certificate of fire clearance from the State Fire Marshal or designated local fire authority certifying compliance with local and state fire codes;

(b) beginning July 1, 2006, a satisfactory report by [a]the local health department for facilities providing food service; and

(c) a current local business license if required.

(3) The applicant shall:

(a) list 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;

(b) provide the name, address, percentage of stock, shares, partnership, or other equity interest of each person; and

(c) list, 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 interest.

(4) The applicant shall provide the following written assurances on all individuals listed in R430-2-3(3):

(a) none of the persons has been convicted of a felony;

(b) none 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 facility;

(c) none 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; and

(d) none of the persons has been convicted of child abuse, neglect, or exploitation.

(5) The applicant shall submit background clearance documents as required in R430-6.

(6) The applicant shall submit with the completed application a non-refundable license fee as established in accordance with Subsection 26-39-104(1)(c).

R430-2-6. Expiration and Renewal.

(1) Each license expires at midnight on the day designated on the license as the expiration date, unless previously revoked by the Department.

(2) [The]At least 30 days prior to the expiration of the current license, the licensee shall submit a completed license application, applicable fees and, beginning July 1, 2006 for facilities providing food service, a satisfactory report by [a]the local health department[ for facilities providing food service to the Department 30 days before the current license expires].

(3) The Department shall not renew a license for a child care facility that discontinues child care services.

KEY: child care facilities

Date of Enactment or Last Substantive Amendment: [February 6,] 2006

Notice of Continuation: December 19, 2002

Authorizing, and Implementor Interpreted Law: 26-39; 26-21-12; 26-21-13

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Donna Thomas at the above address, by phone at 801-538-9294, by FAX at 801-538-6325, or by Internet E-mail at donnathomas@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.