14 Del. Admin. Code § 933-II-7.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 933-II-7.0 - Procedures for Initial Licensure

7.1 An applicant shall complete the following steps and submit the following information to OCCL when seeking a license:

7.1.1 Attend OCCL's information session and orientation to learn the application process and regulations (an applicant may send the designated representative).

7.1.2 Submit a completed Initial License Application (see Appendix I), which includes:

7.1.2.1 Applicant's name, address, email, and phone numbers;

7.1.2.2 Applicant's references: for corporations contact information for officers; for LLCs contact information for managing member; for public and private schools contact information for the superintendent or equivalent officer;

7.1.2.3 Previous licensure information, if applicable;

7.1.2.4 Program information (including ages of children to be served);

7.1.2.5 Staffing information (including names of proposed employees); and

7.1.2.6 Certifications that include:

7.1.2.6.1 Agreement to comply with federal and State laws and regulations including the Americans with Disabilities Act and the Delaware Equal Accommodations Law;

7.1.2.6.2 Statement that information supplied is true and correct; and

7.1.2.6.3 Acknowledgment that OCCL is required to make a thorough investigation of the applicant.

7.1.3 Submit the following items to OCCL:

7.1.3.1 Blueprints or diagrams of the center;

7.1.3.2 Plan review including an emergency plan;

7.1.3.3 Sample two-week menu, if providing meals or snacks (if using a catering service, a copy of the caterer's food establishment permit);

7.1.3.4 Business plan;

7.1.3.5 Deed, lease, or documentation showing a lease/sale will be entered into at a date prior to licensure for the center. If located in a school, written permission to use an area or classroom is needed. An actual deed or lease is required before the pre-licensing visit is conducted;

7.1.3.6 Fire marshal approval from State fire marshal or designated fire marshal when located within the city limits of Wilmington, Newark, New Castle, or Dover;

7.1.3.7 Proof of compliance with zoning codes and certificates of occupancy or use, and, if applicable, other codes, regulations, guidelines, or laws, such as those regarding building construction, plumbing, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water;

7.1.3.8 Lead-paint risk assessment and requirements of subsection 45.2, if the center was built before 1978;

7.1.3.9 Release of employment form that allows OCCL to collect service letters as per 19 Del.C. § 708. The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past five years. If an applicant has no former employer, the applicant shall provide information for two more references;

7.1.3.10 Comprehensive background checks, as described in subsection 28.3, for the applicant, early childhood or school-age administrator, and early childhood teacher or school-age site assistant;

7.1.3.11 If an applicant will be present at the center, an applicant's health appraisal must contain a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff, and was conducted within one year before the application date. This form must confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have access to children or others and any reasonable accommodations that may be required;

7.1.3.12 For early care and education programs, DEEDS Early Learning certificates for an early childhood administrator and at least one early childhood teacher and for school-age programs, DEEDS Early Learning certificates for a school-age administrator and at least one school-age site assistant;

7.1.3.13 Parent handbook;

7.1.3.14 Staff handbook;

7.1.3.15 Evidence showing each room used for child care to be free of radon hazards using the Environmental Protection Agency's guidelines:

7.1.3.15.1 Testing may be performed by the property owner or an inspector certified by the American Association of Radon Scientists, the National Radon Safety Board, or any organization recognized by the EPA or State of Delaware Radon Program.

7.1.3.15.2 If testing indicates a radon level over 4.0 pCi/L, radon mitigation according to industry standards must occur or a long-term radon test (90-120 days) must indicate a level less than 4.0 pCi/L.

7.1.3.16 Certification of indoor air quality, if applicable;

7.1.3.17 Certificate of liability insurance due by pre-licensing visit; and

7.1.3.18 State business license or verification of tax-exempt status.

7.2 Upon receipt of the completed application and required information, a licensing specialist will:

7.2.1 Review the application and information, and inspect the premises to determine whether the applicant complies with these regulations;

7.2.2 Make a recommendation for licensure. If a license is granted, it will be a six-month initial provisional license; and

7.2.3 Notify the applicant as stated in subsection 13.4.2 if an initial provisional license to operate is denied.

7.3 A licensing specialist shall conduct a compliance review at the center before the expiration of the initial provisional license. Once this review is completed, OCCL will issue a provisional or annual license depending upon whether full compliance is obtained. This annual license will be valid for six months.

14 Del. Admin. Code § 933-II-7.0

24 DE Reg. 267 (9/1/2020)
25 DE Reg. 1115 (6/1/2022) (Final)