Section R430-50-4 - Residential Certificate Application, Renewal, Changes, and Variances(1) Each applicant for a new residential certificate shall: (a) submit a CCL online application;(b) submit a copy of a current local fire clearance or a written statement from the local fire authority that a fire inspection is not required;(c) submit a copy of a current local health department kitchen clearance for a facility providing food service or a written statement from the local health department that a kitchen inspection is not required;(d) submit a copy of a current local business license or a written statement from the city that a business license is not required;(e) complete CCL background checks for covered individuals as required in Section R430-50-8;(f) complete CCL new provider training no more than six months before becoming certified; and(g) pay any required fees, that are nonrefundable.(2) Each applicant shall pass a department's inspection of the facility before a new residential certificate or a renewal is issued.(3) If the local fire authority states in writing that an applicant for a new residential certificate or a renewal does not require a fire inspection, the department shall verify the applicant's compliance with the following: (a) address numbers and letters are readable from the street;(b) exit doors operate properly and are well maintained;(c) there are no obstructions in exits, aisles, corridors, and stairways;(d) there is at least one unobstructed fire extinguisher that is currently charged, serviced, and mounted not more than five feet above the floor;(e) there are working smoke detectors that are properly installed on each level of the building; and(f) boiler, mechanical, and electrical panel rooms are not used for storage.(4) If an applicant for a new residential certificate serves food and the local health department states in writing that a kitchen inspection is not required, the department shall verify the applicant's compliance with the following: (a) the refrigerator is clean, in good repair, and working at or below 41 degrees Fahrenheit;(b) there is a working thermometer in the refrigerator;(c) there is a working stem thermometer available to check cooking and hot hold temperatures;(d) reusable food holders, utensils, and food preparation surfaces are washed, rinsed, and sanitized before each use;(e) chemicals are stored away from food and food service items;(f) food is properly stored, maintained at the proper temperature, and in good condition; and(g) there is a working handwashing sink in the kitchen.(5) Each applicant shall have six months from the time any portion of the application is submitted to finish the residential certificate process. If unsuccessful, the applicant shall reapply. Any resubmission shall include the required documentation, payment of certification fees, and a new inspection of the facility to become certified.(6) The department may deny an application for a residential certificate if, within the five years preceding the application date, the applicant held a license or a residential certificate that was:(a) closed under an immediate closure;(c) closed as a result of a settlement agreement resulting from a notice of intent to revoke, a notice of revocation, or a notice of immediate closure;(d) voluntarily closed after an inspection of the facility found a rule violation that would have resulted in a notice of intent to revoke or a notice of revocation had the provider not closed voluntarily; or(e) voluntarily closed having unpaid fees or civil money penalties issued by the department.(7) Each child care residential certificate expires at midnight on the last day of the month shown on the residential certificate, unless the residential certificate was previously revoked by the department, or voluntarily closed by the provider.(8) Within 30 to 90 days before a current residential certificate expires, each provider shall submit for renewal:(a) an online renewal request;(b) applicable renewal fees;(c) any previous unpaid fees; and(d) a copy of a current fire inspection report.(9) The department may grant a provider who fails to renew their residential certificate by the expiration date an additional 30 days to complete the renewal process if the provider pays a late fee.(10) The department may deny renewal of a residential certificate for a provider who is no longer caring for children.(11) Each provider shall submit a complete application for a new residential certificate at least 30 days before a change of the child care facility's location.(12) A provider shall submit a complete online changes request to amend an existing residential certificate at least 30 days before any of the following changes: (a) an increase or decrease of residential certificate capacity, including any change to the amount of usable indoor space where child care is provided;(b) a change in the name of the program;(c) a change in the regulation type of the program;(d) a change in the name of the provider; or(e) a transfer of business ownership.(13) The department may amend a residential certificate after verifying that the applicant is in compliance with all applicable rules and required fees have been paid. The expiration date of the amended residential certificate remains the same as the previous residential certificate.(14) Only the department may assign, transfer, or amend a residential certificate.(15) If an applicant or provider cannot comply with a rule but can meet the intent of the rule in another way, the applicant or provider may apply for a variance to that rule by submitting a request to the department.(16) Until the department approves a variance each provider shall comply with the existing rules.(17) If the department approves a variance, the provider shall keep a copy of the written approval on-site for review by parents and the department.(18) The department may grant variances for up to 12 months.(19) The department may revoke a variance if: (a) the provider is not meeting the intent of the rule as stated in their approved variance;(b) the provider fails to comply with the conditions of the variance; or(c) a change in statute, rule, or case law affects the basis for the variance.Utah Admin. Code R430-50-4
Amended by Utah State Bulletin Number 2018-1, effective 12/28/2017Amended by Utah State Bulletin Number 2018-16, effective 8/10/2018Amended by Utah State Bulletin Number 2020-08, effective 4/3/2020Adopted by Utah State Bulletin Number 2020-17, effective 9/1/2020Amended by Utah State Bulletin Number 2022-12, effective 6/1/2022Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023