Section 7 AAC 57.045 - Delegation and withdrawal of authority to license child care facilities(a) The department will delegate its authority to regulate child care facilities to a municipality if the requirements of AS 47.32.030(b) and this section are met.(b) A municipality to which licensing powers have been delegated shall investigate, license, and supervise child care facilities within its jurisdiction and shall enforce the applicable provisions of AS 47.32, 7 AAC 10.1000 - 7 AAC 10.1095, and this chapter unless the municipality grants a variance from one or more of those requirements to a particular child care facility.(c) A municipality seeking delegation of the department's authority under AS 47.32.030(b) shall (1) specify by ordinance the types of child care facilities subject to licensure and supervision by the municipality;(2) adopt by ordinance the authority to establish procedures for licensing and enforcement of child care facilities that meet or exceed the standards of AS 47.32, 7 AAC 10.1000 - 7 AAC 10.1095, and this chapter;(3) adopt by ordinance the applicable provisions of 7 AAC 10.1000 - 7 AAC 10.1095 and this chapter, except that, where a state statute or regulation is referred to in 7 AAC 10.1000 - 7 AAC 10.1095 or this chapter, the municipality may instead refer to a similar municipal ordinance;(4) establish licensing and enforcement procedures and submit a copy of those procedures to the department; and(5) submit a copy of the municipality's child care licensing ordinance to the department with the request for delegation of authority.(d) To ensure an orderly transition of authority under this section, the department will provide technical assistance to the municipality.(e) A municipality to which child care licensing authority has been delegated shall maintain individual facility records documenting compliance or noncompliance with the applicable municipal requirements. If requested by the department, the municipality shall allow the department to review the municipality's facility records and conduct onsite compliance evaluations of facilities licensed by the municipality.(f) The department may withdraw the licensing authority delegated under (a) of this section after 30 days' notice to the municipality if the department determines that the municipality's requirements for child care facilities fail to meet or exceed the applicable requirements of AS 47.32, 7 AAC 10.1000 - 7 AAC 10.1095, or this chapter.(g) Nothing in this section prohibits a municipality to which licensing authority has been delegated from adopting by ordinance additional child care facility requirements that are more stringent than those set out in AS 47.32, 7 AAC 10.1000 - 7 AAC 10.1095, and this chapter.Eff. 6/23/2006, Register 178Authority:AS 44.29.020
AS 47.32.010
AS 47.32.020
AS 47.32.030