10A NCAC 09 .1702. APPLICATION FOR A LICENSE FOR A FAMILY CHILD CARE HOME

(a)  Any person who plans to operate a family child care home (FCCH) shall apply for a license using a 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.  The applicant shall submit the completed application, to the Division that complies with the following:

(1)           only one licensed family child care home shall operate at the location address of any home; and

(2)           the applicant shall list each location address where a licensed family child care home will operate.

(b)  If a family child care home operates at more than one location address by cooperative arrangement among two or more families, the following procedures apply:

(1)           one parent whose home is used as a location address shall be designated the coordinating parent and shall co-sign the application with the applicant; and

(2)           the coordinating parent shall know the current location address at all times and shall provide the information to the Division upon request.

(c)  The applicant shall ensure that the family child care home complies with the following requirements:

(1)           single wide manufactured homes are limited to a maximum of three preschool-age children (not more than two may be two years of age or less) and two school-age children;

(2)           all children are kept on the ground level with an exit at grade;

(3)           all homes are equipped with an electrically operated (with a battery backup) smoke detector, or one electrically operated and one battery operated smoke detector located next to each other;

(4)           all homes are provided with at least one five pound 2-A: 10-B: C type extinguisher for every 2,500 square feet of floor area;

(5)           heating appliances shall be installed and maintained according to NC Building Code Chapter 603.5.3;

(6)           all indoor areas used by children are heated when the temperature is below 65 degrees and ventilated when the temperature is above 85 degrees; and

(7)           pipes or radiators that are hot enough to be capable of burning children and are accessible to the children are covered or insulated.

(d)  The applicant shall also submit supporting documentation with the application for a license to the Division. The supporting documentation shall include:

(1)           a copy of a non-expired qualification letter in accordance with 10A NCAC 09 .2702;

(2)           a copy of documentation of completion of a first aid and cardiopulmonary resuscitation (CPR) course;

(3)           proof of negative results of the applicant's tuberculosis test completed within the past 12 months;

(4)           a completed health questionnaire;

(5)           a copy of current pet vaccinations for any pet in the home;

(6)           a negative well water bacteriological analysis if the home has a private well;

(7)           copies of any inspections required by local ordinances; and

(8)           any other documentation required by the Division according to the rules in this Section to support the issuance of a license.

(e)  Upon receipt of a complete application and supporting documentation, a Division representative shall make an announced visit to each home.  An announced visit is not required by a Division representative if the applicant is subject to the circumstances in Paragraph (g) of this Rule. The issuance of a license applies as follows:

(1)           if all applicable requirements of G.S. 110, Article 7 and this Section are met, a license shall be issued;

(2)           if the applicable requirements of G.S. 110, Article 7 and this Section are not met, but the applicant has the potential to comply, the Division representative shall establish with the applicant a time period for the home to achieve compliance. If the Division representative determines that all applicable requirements of G.S. 110, Article 7 and this Section are met within the established time period, a license shall be issued; or

(3)           if all applicable requirements of G.S. 110, Article 7 and this Section are not met or cannot be met within the established time, the Division shall deny the application.

(f)  The Division shall allow the applicant to operate prior to the Division representative's visit described in Paragraph (e) of this Rule when the applicant is currently licensed as a family child care home operator, needs to relocate and notifies the Division of the relocation, and the Division representative is unable to visit before the relocation occurs. An applicant shall not operate until he or she has received from the Division either temporary permission to operate or a license.

(g)  The Secretary may deny the application for the 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 previously held a license under an administrative action described in Subparagraphs (g)(1), (2), or (3) of this Rule.  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 the 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 a household  member; or

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

(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 which 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.

(i)  The license shall not be bought, sold, or transferred from one individual to another.

(j)  The license is valid only for the location address listed on it.

(k)  The license must be returned to the Division in the event of termination, revocation, suspension, or summary suspension.

(l)  A licensee shall notify the Division if a change occurs that affects the information shown on the license.

 

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

Eff. January 1, 1986;

Amended Eff. March 1, 2014; December 1, 2012; August 1, 2011; July 1, 2010; April 1, 2003; April 1, 2001; July 1, 1998; January 1, 1991; November 1, 1989; January 1, 1987.