10A NCAC 09 .0302. APPLICATION FOR A LICENSE FOR A CHILD CARE CENTER

(a)  An individual that is legally responsible for the operation of the center, including assuring compliance with the licensing law and standards, shall apply for a license for a child care center using the form provided by the Division. The form can be found on the Division's website at http://ncchildcare.dhhs.state.nc.us/general/mb_customerservice.asp.  If the operator will be a group, organization, or other entity, an officer of the entity who is legally empowered to bind the operator shall complete and sign the application.

(b)  The applicant shall arrange for inspections of the center by the local health, building and fire inspectors. The applicant shall provide to the Division copies of inspection reports pursuant to G.S. 110-91(1), (4), and (5). When a center does not conform with a building, fire, or sanitation standard, the inspector may submit a written explanation of how equivalent, alternative protection is provided.  The Division shall accept the inspector's documentation in lieu of compliance with the standard. Nothing in this Rule precludes or interferes with issuance of a provisional license pursuant to Section .0400 of this Chapter.

(c)  The applicant, or the person responsible for the day-to-day operation of the center, shall be able to describe the plans for the daily program, including room arrangement, staffing patterns, equipment, and supplies, in sufficient detail to show that the center shall comply with applicable requirements for activities, equipment, and staff-child ratios for the capacity of the center and type of license requested.  The applicant shall make the following written information available to the Division for review to verify compliance with provisions of this Chapter and G.S. 110, Article 7:

(1)           daily schedules;

(2)           activity plans;

(3)           emergency care plan;

(4)           discipline policy;

(5)           incident reports; and

(6)           incident logs.

(d)  The applicant shall demonstrate to the Division representative that the following information is available for review in the center's files:

(1)           staff records which include an application for employment and date of birth; documentation of education, training, and experience; medical and health records; documentation of participation in training and staff development activities; and required criminal history records check documentation;

(2)           children's records which include an application for enrollment; medical and immunization records; and permission to seek emergency medical care;

(3)           daily attendance records;

(4)           daily records of arrival and departure times at the center for each child;

(5)           records of monthly fire drills documenting the date and time of each drill, the length of time taken to evacuate the building, and the signature of the person who conducted the drill;

(6)           records of monthly playground inspections documented on a checklist provided by the Division; and

(7)           records of medication administered.

(e)  The Division representative shall measure all rooms to be used for child care and shall assure that an accurate sketch of the center's floor plan is part of the application packet.  The Division representative shall enter the dimensions of each room to be used for child care, including ceiling height, and shall show the location of the bathrooms, doors, and required exits on the floor plan.

(f)  The Division representative shall make one or more inspections of the center and premises to assess compliance with all applicable requirements as follows:

(1)           if all applicable requirements of G.S. 110, Article 7and this Section are met, the Division shall issue the license; or

(2)           if all applicable requirements of G.S. 110, Article 7and this Section are not met, the Division representative may recommend issuance of a provisional license in accordance with Section .0400 of this Chapter or the representative may recommend denial of the application.  Final disposition of the recommendation to deny is the decision of the Secretary.

(g)  The Secretary may deny an application for a license under the following circumstances:

(1)           if any child care facility license previously held by the applicant has been denied, revoked, or summarily suspended by the Division;

(2)           if the Division initiated denial, revocation, or summary suspension proceedings against any child care facility license previously held by the applicant and the applicant voluntarily relinquished the license;

(3)           during the pendency of an appeal of a denial, revocation, or summary suspension of any other child care facility license held by the applicant;

(4)           if the Division determines that the applicant has a relationship with an operator or former operator who held a license under an administrative action described in Subparagraphs (1), (2), or (3) of this Paragraph.  As used in this Rule, an applicant has a relationship with a former operator if the former operator would be involved with the applicant's child care facility in one or more of the following ways:

(A)          would participate in the administration or operation of the facility;

(B)          has a financial interest in the operation of the facility;

(C)          provides care to children at the facility;

(D)          resides in the facility; or

(E)           would be on the facility's board of directors, be a partner of the corporation, or otherwise have responsibility for the administration of the business;

(5)           based on the  applicant's previous non-compliance as an operator with the requirements of G.S. 110, Article 7 or this Chapter;

(6)           if abuse or neglect has been substantiated against the applicant; or

(7)           if the applicant is a disqualified child care provider or has a disqualified household member residing in the center.

(h)  In determining whether denial of the application for a license is warranted pursuant to Paragraph (g) of this Rule, the Division shall consider:

(1)           any documentation provided by the applicant that describes the steps the applicant will take to prevent reoccurrence of noncompliance issues that led to any prior administrative action taken against a license previously held by the applicant;

(2)           training certificates or original transcripts for any coursework from a nationally recognized regionally accredited institution of higher learning related to providing quality child care, and that was taken subsequent to any prior administrative action against a license previously held by the applicant. "Nationally recognized" means that every state in this nation acknowledges the validity of the coursework taken at higher education institutions that meet the requirements of one of the accrediting bodies;

(3)           proof of employment in a licensed child care facility and references from the administrator or licensee of the child care facility regarding work performance;

(4)           documentation of collaboration or mentorship with a licensed child care provider to obtain additional knowledge and experience related to operation of a child care facility; and

(5)           documentation explaining relationships with persons meeting the criteria listed in Subparagraph (g)(4) of this Rule.

 

History Note:        Authority G.S. 110-85; 110-86; 110-88(2); 110-88(5); 110-91; 110-91(1),(4) and (5); 110-92; 110-93; 110-99; 143B-168.3;

Eff. January 1, 1986;

Amended Eff. March 1, 2014; August 1, 2011; July 1, 2010; April 1, 2003; April 1, 2001; July 1, 1998; January 1, 1996; November 1, 1989; July 1, 1988; January 1, 1987.