Ariz. Admin. Code § 9-5-201

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-5-201 - Application for a License

A. An applicant for a license shall:

1. Be at least 21 years of age;

2. If an individual, be a U.S. citizen or legal resident alien and a resident of Arizona;

3. If a corporation, association, or limited liability company, be a domestic entity or a foreign entity qualified to do business in Arizona;

4. If a partnership, have at least one partner who is a U.S. citizen or legal resident alien and a resident of Arizona;

5. Submit to the Department an application packet containing:

a. An application on a form provided by the Department that contains:

i. The applicant's name;

ii. The applicant's date of birth;

iii. The facility's name, street address, city, state, zip code, mailing address, and telephone number;

iv. The requested service classifications;

v. Whether the applicant agrees to allow the Department to submit supplemental requests for information;

vi. A statement that the applicant has read and will comply with A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter;

vii. A statement that the information provided in the application packet is accurate and complete; and

viii. The applicant's signature and date the applicant signed the application;

b. A copy of the applicant's:

i. U.S. passport,

ii. Birth certificate,

iii. Naturalization documents, or

iv. Documentation of legal resident alien status;

c. A copy of the applicant's valid fingerprint clearance card, both front and back, issued according to A.R.S. Title 41, Chapter 12, Article 3.1;

d. A copy of the applicant's valid background check document according to A.R.S. § 46-811(A);

e. A copy of the form required in A.R.S. § 36-883.02(C);

f. A certificate issued by the Department showing that the applicant has completed at least four hours of Department-provided training that included the Department's role in licensing and regulating child care facilities under A.R.S. Title 36, Chapter 7.1, Article 1, and this Chapter;

g. Except as provided in subsection (A)(5)(j), a site plan of the facility drawn to scale showing:

i. The drawing scale;

ii. The boundary dimensions of the property upon which the facility's physical plant is located;

iii. If more than one building is used for the facility, the location and perimeter dimensions of each building;

iv. The location of each driveway on the property;

v. The location and boundary dimensions of each parking lot on the property;

vi. The location and perimeter dimensions of each outdoor activity area;

vii. The location, type, and height of each fence and gate; and

viii. If applicable, the location of any swimming pool on the property;

h. Except as provided in subsection (A)(5)(j), a floor plan of each building to be used for child care services drawn to scale showing:

i. The drawing scale;

ii. The length and width dimensions for each indoor activity area;

iii. The requested licensed capacity and applicable service classification for each indoor activity area;

iv. The location of each diaper changing area;

v. The location of each hand washing, utility, and three-compartment sink, toilet, urinal, and drinking fountain; and

vi. The location and type of fire alarm system;

i. Except as provided in subsection (A)(5)(j):

i. A copy of a certificate of occupancy issued for the facility by the local jurisdiction;

ii. Documentation from the local jurisdiction that the facility was approved for occupancy; or

iii. If the documents in subsections (A)(5)(i)(i) and (ii) are not available, the seal of an architect registered as prescribed in A.R.S. § 32-121 on the site plan required in subsection (A)(5)(g) and the floor plan required in subsection (A)(5)(h) verifying compliance with current local building and fire codes, local zoning requirements, and this Chapter;

j. For an applicant providing child care services to three-year-old, four-year-old, five-year-old, or school-age children in a facility located in a public school, a set of final construction drawings or a school map showing:

i. The location of each school building;

ii. The location and dimensions of each outdoor activity area to be used by enrolled children;

iii. The length and width dimensions for each indoor activity area;

iv. The requested licensed capacity and applicable service classification for each indoor activity area; and

v. The location of each hand-washing sink, toilet, urinal, and drinking fountain to be used by enrolled children;

k. If the facility is located within one-fourth of a mile of agricultural land:

i. The names and addresses of the owners or lessees of each parcel of agricultural land located within one-fourth mile of the facility, and

ii. A copy of an agreement complying with A.R.S. § 36-882 for each parcel of agricultural land;

l. The applicable fee in R9-5-206;

m. If the applicant is a business organization, a form provided by the Department that contains:

i. The name, street address, city, state, and zip code of the business organization;

ii. The type of business organization;

iii. The name, date of birth, title, street address, city, state, and zip code of each controlling person;

iv. A copy of the business organization's articles of incorporation, articles of organization, partnership documents, or joint venture documents, if applicable;

v. Documentation of good standing issued by the Arizona Corporation Commission and dated no earlier than three months before the date of the application; and

vi. A statement signed by the applicant stating:

(1) That each controlling person has not been denied a certificate or license to operate a child care group home or child care facility in this state or another state, and

(2) That each controlling person has not had a certificate or license to operate a child care group home or child care facility revoked in this state or another state for endangering the health and safety of children;

n. If the applicant is a public school, a form provided by the Department that contains:

i. The name of the school district;

ii. The name, title, street address, city, state, and zip code of each responsible party, if the responsible party is an individual, or each individual in the group, if the responsible party is a group of individuals;

iii. A statement signed by the applicant stating:

(1) That each individual in subsection (A)(5)(n)(ii) has not been denied a certificate or license to operate a child care group home or child care facility in this state or another state, and

(2) That each individual in subsection (A)(5)(n)(ii) has not had a certificate or license to operate a child care group home or child care facility revoked in this state or another state for endangering the health and safety of children; and

iv. A letter from the school district governing board or school district superintendent designating a signatory, if applicable;

o. If the applicant is a charter school, a form provided by the Department that contains:

i. The name, title, street address, city, state, and zip code of each responsible party, if the responsible party is an individual, or each individual in the group, if the responsible party is a group of individuals;

ii. A statement signed by the applicant stating:

(1) That each individual in subsection (A)(5)(o)(i) has not been denied a certificate or license to operate a child care group home or child care facility in this state or another state, and

(2) That each individual in subsection (A)(5)(o)(i) has not had a certificate or license to operate a child care group home or child care facility revoked in this state or another state for endangering the health and safety of children; and

iii. A letter from the school district governing board in which the charter school is located, the Arizona State Board of Education, or the Arizona State Board for Charter Schools, approving the applicant to operate the charter school; and

p. If the applicant is a governmental agency, a form provided by the Department that contains:

i. The name, title, street address, city, state, and zip code of each responsible party, if the responsible party is an individual, or each individual in the group, if the responsible party is a group of individuals;

ii. A statement signed by the applicant stating:

(1) That each individual in subsection (A)(5)(p)(i) has not been denied a certificate or license to operate a child care group home or child care facility in this state or another state, and

(2) That each individual in subsection (A)(5)(p)(i) has not had a certificate or license to operate a child care group home or child care facility revoked in this state or another state for endangering the health and safety of children; and

iii. A letter from the individual in the senior leadership position with the agency designating a signatory.

B. The Department requires a separate license and a separate application for:

1. Each facility owned by the same person at a different location, and

2. Each facility owned by a different person at the same location.

C. The Department does not require a separate application and license for a structure that is:

1. Located so that the structure and the facility:

a. Share the same street address, or

b. Can be enclosed by a single unbroken boundary line that does not encompass property owned or leased by another,

2. Under the same ownership as the facility, and

3. Intended to be used as a part of the facility.

Ariz. Admin. Code § R9-5-201

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Amended by exempt rulemaking at 15 A.A.R. 2096, effective January 1, 2010 (Supp. 09-4). Amended by exempt rulemaking at 16 A.A.R. 1564, effective September 30, 2010 (Supp. 10-3). Amended by final expedited rulemaking at 24 A.A.R. 3429, effective 12/5/2018. Amended by final expedited rulemaking at 28 A.A.R. 1845, effective 7/7/2022.