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 8.9.4.40 - 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
				(8.9.6 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 8.9.6 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.
(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.