10- 144 C.M.R. ch. 33, § 2

Current through 2024-51, December 18, 2024

Section 144-33-2 - APPLICATION AND LICENSING

A.Application. Applicants must comply with the following requirements and procedures in this subsection to obtain a license.

1. The applicant must be at least 18 years old.

2. A provider must be at least 16 years old, and, if younger than 18 years old, must be under the direct supervision of an adult.

3. An application for an initial license must be filed with the Department. Applications filed with the Department that remain incomplete for 60 days are void.

4. The Department shall only review a complete application. A complete application for an initial license includes the completed application form furnished by the Department, the application fee and the following:

a. Documentation of current certification in adult, child and infant cardiopulmonary resuscitation (CPR) and first aid.

b. A site plan that clearly identifies:

i. The premises;

ii. A floor plan indicating all areas where children will be served; and

iii. Any businesses co-located on the premises.

c. Water testing results from a Maine-certified laboratory in accordance with Section 13 of this rule.

d. Verification of completion of Department-approved pre-licensing training, as described in Section 9.

e. Clearance by the Department regarding background checks as described in Section 6 of this rule.

5. All applicants must comply with the State Fire Marshal's Office, Department of Public Safety, regarding any restrictions on the ages of children or limitations on the use of basements, specific rooms within the property, or floors above the ground level.

The Department and a representative of the State Fire Marshal's Office will conduct onsite inspections of the premises to evaluate compliance with this rule and applicable statutes including but not limited to the Life Safety Code (16-219 C.M.R. Chapters 2, 5, 6, 17 and 20). The Department and State Fire Marshal must complete their inspections, and the applicant must be in compliance with these requirements before the Department will issue a license.

7. The licensee must have a written plan for evacuation in the event of a fire, natural disaster or other threatening situation that may pose a health or safety hazard to the children in the family child care.

B.Timely renewal. Licensees must submit a renewal application at least 60 days prior to the expiration of a license.

1. If a complete and timely application for renewal is made, the existing license will continue to be in effect until a final decision on the renewal is made.

2. A complete renewal application consists of the renewal form and fee.

3. A renewal may not be issued until the licensee has corrected any violations of this rule and any fines due have been paid.

4. The Department must obtain verification of a satisfactory inspection every two years from the State Fire Marshal's Office prior to issuing a renewal license.

5. The licensee must submit an application for a license when they change locations. Operation at the new location is prohibited until the Department issues the license for the new location

C.Temporary license. Whenever a licensee temporarily relocates as a result of an emergency, the Department may issue a temporary license in accordance with 22 M.R.S. §8301-A.

D.Licensing

1. A license shall be issued for a term of two years and shall state the licensed capacity.

2. A temporary license shall be issued for a specific term not to exceed six months.

3. The licensee shall post a copy of the current license, including the most recent inspection report, any conditional license, lead hazard notices, or other notices or correspondence from the Department indicating that they must be posted in a conspicuous location.

4. The licensee must notify the parents of any licensing actions, as described in Section 20(D) -(I) of this rule, taken against the provider.

5. Licenses are non-transferable.

6. The licensee is responsible for ensuring compliance with this rule and all applicable statutes for themselves and any providers working in the child care.

7. Licensees may request an increase or decrease in licensed capacity by submitting the request in writing.

8. The Department may allow increases in capacity subject to the approval of the State Fire Marshal's Office. The Department must issue a revised license before the licensee may increase their licensed capacity.

9. Illegal drugs, drug paraphernalia, marijuana and any product containing tetrahydrocannabinol, tobacco and nicotine products, and alcohol shall not be consumed by a provider during operating hours. Illegal drugs may not be present on the premises at any time. Tobacco and nicotine products, alcohol, marijuana and any product containing tetrahydrocannabinol must be inaccessible to children.

10. Fire evacuation drills must be conducted at least once each month for all children and adults present, using at least two means of exit. Fire drills must be conducted according to posted procedures.

11. Licensees must allow parents to visit and observe at any time during the hours of operation.

E.Waivers. Upon the written request of an applicant or licensee, the Department may waive or modify a provision of these rules, as long as the provision is not mandated by statute and the waiver does not adversely affect the health and safety of a child in care.

1. Application for a waiver or modification must be made on forms supplied by the Department and must include:

a. A statement of the provision for which waiver or modification is requested;

b. An explanation of the reasons why the provision cannot be met and why a waiver or modification is being requested; and

c. A description of the alternative method proposed for meeting the intent of the provision sought to be waived or modified.

2. A waiver must be time-limited and will not exceed the term of the license. Prior to the expiration of the license the provider shall submit a new application for a waiver if the waiver continues to be necessary.

10- 144 C.M.R. ch. 33, § 2