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 8.16.2.40 - LICENSURE REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

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) A program will submit a new application
				to the licensing authority before changing anything that is stated on the
				license such as dates, capacity, director, address, etc.
(3) 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 (8.8.3 NMAC), regulations,
				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, any person who may have unsupervised physical access to children,
				and all adults residing in the home as per the requirements of the most current
				version of the department's 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.
(4)
				ZONING, BUILDING AND OTHER APPROVALS: An applicant will use the approvals
				provided to the schools and community centers as long as the approvals are
				current according to the applicable department's requirements. Acceptable
				documents will be provided to the licensing authority before licensure.
				Otherwise, an applicant will have:
(a) current
				written zoning approval from the appropriate city, county or state
				authority;
(b) current written
				building approval, such as a certificate of occupancy, from the appropriate
				city, county or state authority;
(c) current written approval of the state
				fire marshal office or other appropriate city, county or state fire-prevention
				authority; and
(d) current written
				approval from the New Mexico environment department or other environmental
				health authority for:
(i) a kitchen, if meals
				are prepared and served on site in the program;
(ii) private water supply, if
				applicable;
(iii) private waste or
				sewage disposal, if applicable; and,
(iv) a swimming pool, if
				applicable.
(5)
				ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES IN NEW FACILITIES:
				Accessibility for individuals with disabilities is provided in all new
				facilities and will include the following.
(a) Main entry into the facility is level or
				has a ramp to allow for wheelchair access.
(b) Building layout allows for access to the
				main activity area.
(c) 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.
(d) 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.
(e) Ramps exceeding
				a six-inch rise are provided with handrails.
(f) Requirements contained herein are minimum
				and additional disability requirements may apply depending on the size and
				complexity of the facility.
(6) SCHEDULE: All applications for a new
				license will include a description of the programs proposed activities and
				schedule.
(7) INITIAL SURVEY: The
				licensing authority will schedule a survey for a program when it receives a
				complete application with all supporting documents.