Ariz. Admin. Code § 9-5-208

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

Section R9-5-208 - Changes Affecting a License

A. At least 30 calendar days before the date of a change in a facility's name, a licensee shall send the Department written notice of the name change and the Department shall issue an amended license that incorporates the name change but retains the anniversary date of the current license.

B. At least 30 calendar days before the date of an intended change in a facility's service classification, space utilization, or licensed capacity, a licensee shall submit a written request for approval of the intended change to the Department that includes:

1. The licensee's name;

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

3. The name, telephone number, and fax number of a point of contact for the request;

4. The facility's license number;

5. The type of change intended:

a. Service classification,

b. Space utilization, or

c. Licensed capacity;

6. A narrative description of the intended change; and

7. The following additional information, as applicable:

a. If the intended change affects an activity area, the following information about each affected activity area, as applicable:

i. Identification of the activity area,

ii. Current and intended square footage,

iii. Current and intended operating hours,

iv. Current and intended service classification,

v. Current and intended licensed capacity, and

vi. Whether the activity area has or will have a diaper changing area;

b. If the intended change is to increase licensed capacity, the square footage of the outdoor activity area; and

c. If the intended change includes an alteration or addition to the physical plant of a licensed facility, the following, as applicable:

i. If the facility is not located in a public school or if providing child care services to infants, one-year-old children, or two-year-old children in a facility located in a public school, the information required in R9-5-201(A)(5)(g) and (h) showing the intended change; or

ii. If the facility is located in a public school and provides child care only for three-year-old, four-year-old, or five-year-old, or school-age children, a set of final construction drawings or a school map, including the information required in R9-5-201(5)(j) showing the intended change.

C. If the intended change in subsection (B) includes an increase in the licensed capacity, a licensee shall submit the fee for an increase in licensed capacity in R9-5-206(C) with the written request for approval.

D. If requesting a diaper changing area outside an infant room or indoor activity area to allow privacy for diapering an enrolled child with special needs, submit a written request for an approval; and

1. For a license application, submit physical plant documents required by R9-5-201(A)(5)(h) that designate the location of the proposed diaper changing area;

2. For a licensed facility, submit a drawing of the proposed diaper changing area to the Department before installing the diaper changing area. Within 30 calendar days after the date of the receipt of the request, the Department shall send written notice to the licensee of approval or disapproval. If the proposed diaper changing area:

a. Complies with A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter and provides privacy for the enrolled child with special needs, the Department shall approve the proposed diaper changing area; or

b. Does not comply with A.R.S. Title 36, Chapter 7.1, Article 1 or this Chapter or provide privacy for the enrolled child with special needs, the Department shall provide the licensee with the requirements necessary for the Department to approve the requested change; and

3. Not use a diaper changing area located outside of an activity area until the Department approves the use of the diaper changing area;

E. The Department shall review a request submitted under subsection (B) according to R9-5-202. If the intended change is in compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter and any applicable fee is submitted, the Department shall send the licensee written approval of the requested change or an amended license that incorporates the change but retains the anniversary date of the current license.

F. A licensee shall not implement any change described under subsection (B) until the Department issues an approval or amended license.

G. At least 30 days before the date of a change in ownership of a facility, a licensee shall send the Department written notice of the change. A new owner shall obtain a new license as prescribed in R9-5-201 before the new owner begins operating the facility.

H. A licensee changing a facility's location shall apply for a new license as prescribed in R9-5-201.

I. Within 30 calendar days after a change in a controlling person, a licensee shall send the Department written notice of the change that includes:

1. The name of the licensee;

2. A description of the change made;

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

4. A statement that each controlling person has not been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state;

5. A statement that each controlling person has not had a certificate to operate a child care group home or a license to operate a child care facility revoked in this state or another state for reasons that relate to endangerment of the health and safety of children;

6. A statement that the information provided in the written notice is accurate and complete; and

7. The signature of the licensee.

J. If the change in subsection (I) is a change in a controlling person who is a designated agent, a licensee shall include a copy of one of the following for the designated agent:

1. A U.S. passport,

2. A birth certificate,

3. Naturalization documents, or

4. Documentation of legal resident alien status.

K. Within 30 calendar days after changing a responsible party, a licensee shall send the Department written notice of the change that includes:

1. The name of the licensee;

2. A description of the change made;

3. 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; and

4. A statement signed by the licensee stating:

a. That each individual in subsection (K)(3) 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

b. That each individual in subsection (K)(3) 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.

Ariz. Admin. Code § R9-5-208

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). Former R9-5-208 renumbered to R9-5-209; new R9-5-208 renumbered from R9-5-206 and amended by exempt rulemaking at 16 A.A.R. 1564, effective September 30, 2010 (Supp. 10-3). Amended by exempt rulemaking at 16 A.A.R. 2350, effective December 1, 2010 (Supp. 10-4). 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.