Section 1240-04-01-.03 - REQUIREMENTS FOR LICENSURE AS A CHILD CARE AGENCY(1) Upon receipt of an application for a license and throughout the licensing period, immediate access during operating hours to all areas of the child care facility shall be granted to all Department representatives and other inspection authorities (i.e., fire safety, sanitation, health, the Department of Children's Services, etc.).(2) Scope of Licensed Operation.(a) All programs shall operate within:1. Their licensed capacity;2. The approved hours of operation;3. The specific age ranges of children served;5. At the address designated on the license; and6. Any restrictions stated on the license.(3) Multiple Child Care Agencies Operated by a Licensee at the Same Location.(a) If two (2) or more child care agencies are located on the same property, each child care agency shall independently meet the requirements for a license.(b) A child care agency shall not operate on the same property as an unlicensed, unregulated, or exempt child care agency unless approved in advance by the Department.(c) If more than one licensed child care agency occupies the same building, the programs shall not share space and children from each child care agency shall not intermingle. Exception to shared space: The programs may share the same playground space as long as children from each program are not using the space at the same time.
(4) All child care agencies subject to the licensure requirements of this chapter shall: (a) Register as a user through the provider portal, and(b) Utilize the provider portal to submit information needed to maintain the provider record and compliance with these requirements. Accommodations for submission of materials outside the provider portal will be made on a case-by-case basis upon request.
Tenn. Comp. R. & Regs. 1240-04-01-.03
Original rule certified June 10, 1974. Amendment filed March 16, 1978; effective April 17, 1978. Repeal and new rule filed December 6, 1983; effective January 5, 1984. Amendment filed October 9, 1987; effective January 27, 1988. Repeal and new rule filed April 22, 1992; effective June 6, 1992. Amendment filed July 1, 1993; effective September 14, 1993. Amendment filed April 30,1996; effective July 14, 1996. Amendment filed September 29, 2000; effective December 13, 2000. Amendment filed September 29, 2003; effective December 13, 2003. Emergency rules filed July 1, 2016; effective through December 28, 2016. Amendments filed September 28, 2016; effective December 27, 2016. Amendments filed May 1, 2018; effective July 30, 2018. Amendments filed March 31, 2022; effective 6/29/2022.Authority: T.C.A. §§ 4-5-201, et seq.; 4-5-202; 71-1-105; 71-1-105(a)(5) and (a)(12); 71-3-501, et seq.; 71-3-502(a)(2) and (3); 71-3-503(a)(6), (8), and (9); and 71-3-508(c); Acts 2000, Ch. 981, §§ 8 and 14; Acts 2003, Ch. 412, § 2; and Acts 2016, Ch. 839.