North Carolina North Carolina

Licensing Standards for DayCare Centers


SECTION .0200 - GENERAL PROVISIONS RELATED TO LICENSING CHILD CARE CENTERS

.0201 INSPECTIONS

The Division shall periodically visit and inspect all child care centers to insure compliance with North Carolina General Statutes and those rules and regulations adopted pursuant thereto.

(1) A representative of the Division shall conduct an announced visit prior to the initial issuance of the license. The prospective or current licensee shall be notified in advance about the visit. This Rule does not apply to the investigation of centers that are operating without a license in violation of the law.

(2) At the beginning of each fiscal year, the Division shall prepare a written plan explaining the guidelines for making announced and unannounced visits to licensed child care centers. The plan shall be dated and signed by the Division director and shall be kept in a confidential file.

(3) A representative of the Division may make unannounced visits to any licensed center whenever the Division receives a complaint alleging violation of the licensing law or the rules in this Subchapter, or if a representative of the Division has reason to believe an emergency exists in the center.

History Note: Authority G.S. 110-105; 143B-168.3;

Eff. January 1, 1986; Amended Eff. July 1, 1998.

.0202 CENTERS SUBJECT TO LICENSURE

History Note: Authority G.S. 110-86(3); 143B-168.3;

Eff. January 1, 1986; Amended Eff. August 1, 1990; July 1, 1988; January 1, 1987; Repealed Eff. July 1, 1998.

.0203 CENTERS NOT REQUIRED TO OBTAIN A LICENSE

History Note: Authority G.S. 110-86(3); 110-106; 143B-168.3;

Eff. January 1, 1986; Amended Eff. February 1, 1990; Repealed Eff. August 1, 1990.

.0204 CHANGES REQUIRING ISSUANCE OF A NEW LICENSE

(a) When the operator, as defined in Rule .0102, of a licensed child care center changes, the new operator must apply for a new license at least 30 days prior to assuming ownership of the center. A child care license cannot be bought, sold, or transferred by one operator to another.

(b) When a licensed child care center is to be moved from one location to another, the licensee must apply for a license for the new physical location as prescribed in Section .0300 of this Subchapter. The licensee must obtain the new license prior to occupying the new location. A child care license is not transferable from one location to another.

(c) When a licensee desires to change the licensed capacity of a center, the licensee must notify the Division.

 

(1) If the licensee wishes to increase the licensed capacity by using space not currently approved for child care, the Division shall provide the licensee with appropriate forms to request approval. Once the additional space is approved, a new license shall be issued to reflect the increase in licensed capacity.

 

(2) If a licensee wishes to increase the center's licensed capacity by using space that is already approved for child care, the Division shall, upon request, issue a new license showing the increase.

 

(3) If a licensee wishes to decrease the center's licensed capacity, the Division shall, upon request, issue a new license reflecting the decrease.

 

(d) When a licensee decides to conform with requirements in order to remove a restriction on the age or number of children who can be served in the center, the licensee shall notify the Division. The Division shall supply forms for the licensee to use to obtain approval from the local inspectors, if necessary. When the Division is notified that the center conforms with all applicable requirements, a new license, without the restriction, shall be issued.

History Note: Authority G.S. 110-88(8); 110-93; 143B-168.3;

Eff. January 1, 1986; Amended Eff. July 1, 1998; July 1, 1988; January 1, 1987.

.0205 PARENTAL ACCESS

The parent, guardian or full-time custodian of a child enrolled in any child care center subject to regulation under Article 7 of Chapter 110 of the North Carolina General Statutes shall be allowed unlimited access to the center during its operating hours for the purposes of contacting the child or evaluating the center and the care provided by the center. The parent, guardian or custodian shall notify the on-site administrator of his or her presence immediately upon entering the premises.

History Note: Authority G.S. 110-85; 110-91; 143B-168.3;

Eff. July 1, 1988; Amended Eff. July 1, 1998; November 1, 1989.

.0206 CAPACITY OF THE CENTER

(a) The licensed capacity shall be no greater than the number of children that the total primary space, as defined in Rule .1401, used by children can accommodate at 25 square feet per child.

(b) The number of children present at the center shall not exceed the licensed capacity of the center.

(c) The number of children occupying any room of the center shall not exceed the number that the primary space in that room will accommodate at 25 square feet per child except as provided in Rule .1401 of this Subchapter.

History Note: Authority G.S. 110-88(1a); 110-91(6); 143B-168.3;

Eff. January 1, 1991; Amended Eff. July 1, 1998.

.0207 SCHOOL-AGE CHILDREN OF THE OPERATOR

History Note: Authority G.S. 110-86(3); 143B-168.3;

Eff. October 1, 1991; Repealed Eff. July 1, 1998


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