The Facility Licensing Rule (9/27/21) updates the current regulations and merges and consolidates requirements for Child Care Facilities including, Child Care Centers, Nursery Schools, Small Child Care Facilities, and Other Programs.
If you are looking for sample language the resources in the FCC Licensing Rule Toolkit provides a good starting point. Both Licensing Rules are now under the same order of sections.
The Facility Licensing Rule has been copied here word for word. For really long and involved sections we have broken sections and subsections out into multiple parts. This structure has allowed us to provide links directly within the Rule sections for resources. These will usually be denoted by a color block., or **.
Disclaimer: All material here is being shared to support your business practices and work with children. With the sharing of these resources, FCCAM is not rendering legal or tax advice. If you require more specific assistance, please consult a legal or tax preparation professional to represent you.
TABLE OF CONTENTS
SECTION 1. STATEMENT OF PURPOSE AND DEFINITIONS
A. Statement of purpose
B. Definitions
SECTION 2. LICENSING REQUIREMENTS AND PROCEDURES
B. Qualifications of the Applicant and Director
C. Application
D. Comprehensive Background check
E. Type and term of a license
G. Change in license
H. Waiver
SECTION 3. FEES
A. Fees.
B. Fees for facilities serving 3-12 Children.
C. Fees for facilities serving 13 or more Children.
D. Fee for Nursery Schools
SECTION 4. INSPECTIONS AND INVESTIGATIONS
A. Inspections.
B. Right of entry
C. Elements of an inspection.
D. Inspection report.
E. Directed Plan of Action.
F. Investigations.
SECTION 5. RECORD MANAGEMENT AND RETENTION
B. Falsification of records.
C. Inspection of records.
E. Personnel records.
SECTION 6. REPORTING REQUIREMENTS
A. Child care changes.
B. Mandatory report of suspected Child abuse and/or neglect.
C. Reporting adverse drinking water results to the Department.
D. Reporting wastewater failure.
E. Reporting legal actions.
F. Other Notifications.
SECTION 7. STAFF-CHILD RATIOS, SUPERVISION, AND QUALIFICATIONS
A. Children under six weeks of age.
B. Limitations on capacity.
C. Staff-Child ratios.
D. Supervision.
E. Crisis plan.
F. Personnel Qualifications.
SECTION 8. TRAINING
A. Child Care Facility Responsibility.
B. Orientation training.
C. Ongoing Training.
D. Documentation of training.
SECTION 9. CHILD GUIDANCE
A. Positive methods of Child guidance.
B. Consistent and reasonable application of program rules.
C. Constructive methods of guidance.
D. Detrimental practice.
SECTION 10. RIGHTS OF CHILDREN AND PARENTS
A. Rights of Children.
B. Rights of parents and legal guardians of Children receiving Child care from Child Care Facilities
SECTION 11. REPORTING CHILD ABUSE AND NEGLECT
A. Requirement to report Child abuse or neglect.
B. Child Care Facility requirement to inform.
C. Written instruction provided.
D. Hotline number posted.
SECTION 12. HEALTH AND MEDICAL
A. Immunization.
B. Evaluation requirements. W
C. Health care consultation.
D. Health monitoring.
E. Dismissal of Children due to illness.
F. Illness, serious injury, incidents, and accidents.
G. First aid.
H. Medication administration.
I. Handwashing.
J. Prevention of exposure to blood and bodily fluids
K. Emergency procedures.
SECTION 13. DRINKING AND WASTEWATER
A. Drinking water.
B. Ongoing annual water tests for Child Care Facilities with wells.
C. Five-year water tests for facilities with wells.
D. Bottled water agreements.
E. Non-transient, non-community water systems.
F. Water and Sewer.
SECTION 14. ENVIRONMENT AND SAFETY
A. General condition of the building and surrounding premises.
B. Outdoor playtime and rest required.
D. Carbon monoxide.
E. Building temperature.
F. Lighting and Ventilation.
G. Minimum Usable Space.
I. Weapons.
J. Materials, toys, equipment and activities.
K. Furnishings.
L. Cribs, cots, and bedding.
N. Diapering/Toileting
O. Pets.
P. Fire evacuation drills
Q. Emergency preparedness plan.
SECTION 15. SWIMMING AND WADING
A. Policies regarding water activities and safety procedures.
B. Parental permission.
C. Surfaces.
D. Minimum training and certification required for water activities.
E. Cleanliness.
F. Pool Accessibility.
G. Emergency preparedness and drills.
H. Staff-Child ratios during water activities.
I. Swimming Pools.
J. Off-site Pools or natural bodies of water
K. Non – Swimmers.
SECTION 16. FOOD AND KITCHEN FACILITIES
A. Well-balanced meals and snacks.
B. Handwashing.
C. Allergies.
D. Child Care Staff Member Responsibilities
E. Food Storage
F. Food Preparation
G. Equipment and Utensils
H. Kitchen facilities
SECTION 17. TRANSPORTATION
A. Driver requirements.
B. Vehicle capacity not to be exceeded.
C. Safety in vehicles.
D. Field Trips
SECTION 18. INFANT/TODDLER CARE
A. Additional rules for programs serving infants and toddlers.
B. Restriction to first floors.
C. Promoting developmental needs.
D. Feeding
E. Napping/Resting.
SECTION 19. NIGHT TIME CARE
A. Additional rules for nighttime care.
B. Individualized care.
C. Rooms used for sleeping or napping.
D. Beds and bedding.
SECTION 20. SCHOOL AGE AND OCCASIONAL CARE PROGRAMS
A. Additional rules for school-age Child Care Facilities.
B. Occasional Care Programs.
SECTION 21. ENFORCEMENT, SUBSEQUENT REAPPLICATION, AND APPEAL RIGHTS
A. Enforcement.
B. Civil Penalties.
C. Conditional license.
D. Suspension of a license.
E. Referral to and Authority of the Office of the Attorney General.
F. Refusal to issue or renew a license.
G. Revocation of a License. T
H. Voiding of a Conditional License.
I. Consent Agreement.
J. Limitation on reapplication after denial or revocation of a license.
K. Subsequent application for a full License.
L. Full licensure after deficiencies corrected.
M. Right to appeal.
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