14 Del. Admin. Code § 935-7.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 935-7.0 - 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 to learn the application process and regulations or 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 including: For corporations, contact information for board president; and for LLCs, contact information for managing member;

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 staff); and

7.1.2.6 Certifications that include:

7.1.2.6.1 Agreement to comply with federal and State laws and regulations;

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 facility or program;

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 or sale will be entered into at a date prior to licensure of the facility or program. An actual deed or lease is required before the pre-licensing visit is conducted;

7.1.3.6 Fire marshal plan review approval and inspection approval from the 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 or certificate 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 34.2, if the facility 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 5 years. If an applicant has no former employer, the applicant shall provide information for 2 more references;

7.1.3.10 Background checks, as described in subsection 18.3, for the applicant and designated representative;

7.1.3.11 If an applicant will be present at the facility or program, an applicant's health appraisal must contain a tuberculosis (TB) test or medical professional risk assessment that verifies the person does not pose a threat of transmitting TB to children or other staff, and was conducted within 1 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 Description of services as described in Section 16.0;

7.1.3.13 Policies and procedures manual as described in Section 17.0;

7.1.3.14 Staff handbook;

7.1.3.15 Evidence showing each room used for care is free of radon hazards using the Environmental Protection Agency's (EPA) 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 or air quality testing, if applicable;

7.1.3.17 Documentation showing staff meet the qualifications for chief administrator and case manager due by pre-licensing visit;

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

7.1.3.19 State business license or documentation 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 conduct a pre-licensing visit to 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 6-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 facility or program 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. If full compliance is obtained, this annual license will be valid for 6 months.

14 Del. Admin. Code § 935-7.0

27 DE Reg. 599 (2/1/2024) (Final)