New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.21 - 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 8.9.6 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 8.9.6 NMAC. A background check must be conducted in
				accordance with 8.9.6 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.