Utah Code § 26B-2-402 — Utah Code / Title 26B / Chapter 26B-2 / § 26B-2-402
§ 26B-2-402. Duties of the department -- Enforcement of part -- Licensing committee requirements.
Status: in_force

(1) With regard to residential child care licensed, certified, or subject to criminal background checks under this part, the department may: (a) make and enforce rules to implement this part and, as necessary to protect qualifying children's common needs for a safe and healthy environment, to provide for: (i) adequate facilities and equipment; and (ii) competent caregivers, considering the age of the children and the type of program offered by the licensee; and (b) make and enforce rules necessary to carry out the purposes of this part, in the following areas: (i) requirements for applications, the application process, and compliance with other applicable statutes and rules; (ii) documentation and policies and procedures that providers shall have in place in order to be licensed, in accordance with Subsection (1)(a); (iii) categories, classifications, and duration of initial and ongoing licenses; (iv) changes of ownership or name, changes in licensure status, and changes in operational status; (v) license expiration and renewal, contents, and posting requirements; (vi) procedures for inspections, complaint resolution, disciplinary actions, and other procedural measures to encourage and assure compliance with statute and rule; and (vii) guidelines necessary to assure consistency and appropriateness in the regulation and discipline of licensees. (2) The department shall enforce the rules established by the licensing committee, with the concurrence of the department, for center based child care. (3) The department shall make rules that allow a regulated provider to provide after school child care for a reasonable number of qualifying children in excess of the regulated provider's capacity limit, without requiring the regulated provider to obtain a waiver or new license from the department. (4) Rules made under this part by the department, or the licensing committee with the concurrence of the department, shall be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (5) (a) The licensing committee and the department may not regulate educational curricula, academic methods, or the educational philosophy or approach of the provider. (b) The licensing committee and the department shall allow for a broad range of educational training and academic background in certification or qualification of child day care directors. (6) In licensing and regulating child care programs, the licensing committee and the department shall reasonably balance the benefits and burdens of each regulation and, by rule, provide for a range of licensure, depending upon the needs and different levels and types of child care provided. (7) Notwithstanding the definition of "qualifying child" in Section 26B-2-401, the licensing committee and the department shall count children through age 12 and children with disabilities through age 18 toward the minimum square footage requirement for indoor and outdoor areas, including the child of: (a) a licensed residential child care provider; or (b) an owner or employee of a licensed child care center. (8) Notwithstanding Subsection (1)(a)(i), the licensing committee and the department may not exclude floor space used for furniture, fixtures, or equipment from the minimum square footage requirement for indoor and outdoor areas if the furniture, fixture, or equipment is used: (a) by qualifying children; (b) for the care of qualifying children; or (c) to store classroom materials. (9) (a) A child care center constructed prior to January 1, 2004, and licensed and operated as a child care center continuously since January 1, 2004, is exempt from the licensing committee's and the department's group size restrictions, if the child to caregiver ratios are maintained, and adequate square footage is maintained for specific classrooms. (b) An exemption granted under Subsection (9)(a) is transferrable to subsequent licensed operators at the center if a licensed child care center is continuously maintained at the center. (10) The licensing committee , with the concurrence of the department, shall develop, by rule, a five-year phased-in compliance schedule for playground equipment safety standards. (11) The department shall set and collect licensing and other fees in accordance with Section 26B-1-209.