Licensing Standards for DayCare Centers

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103 - ALTERNATIVE COMPLIANCE

1. The Division may grant alternative compliance with the Minimum Licensing Requirements for Child Care Centers if the Division determines that the alternative form of compliance offers equal protection of health, safety and welfare to children and meets the basic intent of the requirements for which the alternative compliance was sought.

2. The Division shall consider all requests for alternative compliance with the Licensing requirements except those requirements that are enforced by the Department of Health, Local Fire Marshal or State Fire Marshal's office and applicable city ordinances including zoning.

3. To request alternative compliance, the following procedure shall be initiated by the person responsible for the operation of the facility:

a. The applicant/licensee shall submit the request for alternative compliance in writing.

b. The request shall include:

1. The specific standards for which alternative compliance is sought;

2. An explanation of how the alternative form of compliance is equal to or exceeds the stated requirements;

3. Full justification and description of what the alternative compliance method will be and the method by which the facility will carry out this plan to be able to continue to provide for the health, safety and welfare of children as intended by the requirements; and

4. The applicant/licensee shall provide clear and supportive evidence and upon request of the Division, an expert's opinion of the effect of the health, safety and welfare of children and who will be protected through the alternative means of compliance.

4. A separate written request shall be submitted for each requirement of which alternative compliance is sought.

5. The granting of alternative compliance for a requirement shall in no way constitute a precedent. If an alternate means of complying with the requirement is granted by the Division and the facility fails to satisfactorily implement this alternate means, the original requirement for which alternative compliance was sought shall become immediately enforceable.

6. The Division shall have the right to obtain an expert opinion to corroborate that provided by the applicant/licensee.

7. The Division shall have the right to deny requests for alternative compliance when it finds that such request does not adequately protect the health, safety and welfare of children and does not meet the intent of the requirements.

8. All requests for alternative compliance shall be answered in writing by the Division.

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