New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.21 - LICENSURE REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. LICENSING REQUIREMENTS:
(1) APPLICATION FORM: An applicant will
				complete an application form provided by the licensing authority and include
				payment for the non-refundable application fee. Applications will be rejected
				unless all supporting documents are received within six months of the date
				indicated on the application. A 45 day extension will be granted if the
				licensee provides documentation to the licensing authority that documents were
				submitted to the appropriate agencies in a timely manner but, through no fault
				of their own, they have not received responses from these agencies.
(2) BACKGROUND CHECK: The licensing authority
				will provide a copy of the most current version of the department's background
				check and employment history verification provisions, fingerprint instructions,
				and forms for recording an employment history. The licensee will be responsible
				for obtaining background checks on all staff members, educators, volunteers,
				and prospective staff members, educators, volunteers or any person who may have
				unsupervised physical access to children as per the requirements outlined in
				the department's most current version of the background check and employment
				history verification provisions. All requirements of the current background
				check and employment history verification provisions pursuant to 8.8.3 NMAC
				must be met prior to the issuance of an initial license. Prior to a staff
				member's employment, a staff member must receive a notice of provisional
				employment or obtain a background check in accordance with 8.8.3 NMAC. A
				background check must be conducted in accordance with 8.8.3 NMAC at least once
				every five years on all required individuals.
(3) ZONING, BUILDING AND OTHER APPROVALS: An
				applicant will have: current written finalized zoning approval from the
				appropriate city, county or state authority; current written building approval,
				such as a certificate of occupancy, from the appropriate city, county or state
				authority; current written approval of the state fire marshal office or other
				appropriate city, county or state fire-prevention authority; current written
				approval from the New Mexico environment department or other environmental
				health authority for:
(a) a kitchen, if meals
				are prepared on site and served in the center;
(b) private water supply, if
				applicable;
(c) private waste or
				sewage disposal, if applicable; and
(d) a swimming pool, if
				applicable.
(4) ACCESS
				REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES IN NEW CENTERS:
(a) Accessibility to individuals with
				disabilities is provided in all new centers and will include the following:
(i) main entry into the center is level or
				has a ramp to allow for wheelchair access;
(ii) building layout allows for access to the
				main activity area;
(iii) access to
				at least one bathroom is required to have a door clearance of 32 inches; the
				toilet unit also provides a 60-inch diameter turning radius;
(iv) if ramps are provided to the building,
				the slope of each ramp is at least a 12-inch horizontal run for each inch of
				vertical rise; and
(v) ramps
				exceeding a six-inch rise are provided with handrails.
(b) Requirements contained herein are minimum
				and additional disability requirements may apply depending on the size and
				complexity of the center.
(5) SCHEDULE: All applications for a new
				license will include a description of the center's proposed activities and
				schedule.
(6) INITIAL SURVEY: The
				licensing authority will schedule a survey for a center when it receives a
				complete application with all supporting documents.