for DayCare Centers
103 - ALTERNATIVE
- 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.
- 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.
- 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
- b. The request shall include:
- The specific standards for which alternative compliance is sought;
- An explanation of how the alternative form of compliance is
equal to or exceeds the stated requirements;
- 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
- 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.
The approved alternative compliance is effective for the duration of the license
unless a shorter time frame is requested or approved.
- A separate written request shall be submitted for each requirement
of which alternative compliance is sought.
- 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.
- The Division shall have the right to obtain an expert opinion to
corroborate that provided by the applicant/licensee.
- 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
- All requests for alternative compliance shall be answered in writing
by the Division.