§ 42-72.1-5 - General licensing provisions.
SECTION 42-72.1-5
§ 42-72.1-5 General licensing provisions.– The following general licensing provisions shall apply:
(1) A license issued under this chapter is not transferableand applies only to the licensee and the location stated in the application andremains the property of the department. A license shall be publicly displayed.A license shall be valid for one year from the date of issue and uponcontinuing compliance with the regulations, except that a certificate issued toa family day care home, a license issued to a foster parent, and/or a licenseissued to a program for mental health services for "seriously emotionallydisturbed children" as defined in § 42-72-5(b)(24) shall be valid for two(2) years from the date of issue.
(2) Every license application issued pursuant to §42-72.1-4 shall be accompanied by a nonrefundable application fee paid to theState of Rhode Island as follows:
(a) Adoption and foster care child placing agency license-one thousand dollars ($1000);
(b) Child day care center license- five hundred dollars($500);
(c) Group family day care home license – two hundred andfifty dollars ($250);
(d) Family day care home license- one hundred dollars ($100).
(3) All fees collected by the State pursuant to paragraph (2)of this section shall be deposited by the general treasurer as general revenues.
(4) A licensee shall comply with applicable state fire andhealth safety standards.
(5) The department may grant a provisional license to anapplicant, excluding any foster parent applicant, who is not able todemonstrate compliance with all of the regulations because the program orresidence is not in full operation; however, the applicant must meet allregulations that can be met in the opinion of the administrator before theprogram is fully operational. The provisional license shall be granted for alimited period not to exceed six (6) months and shall be subject to reviewevery three (3) months.
(6) The department may grant a probationary license to alicensee who is temporarily unable to comply with a rule or rules when thenoncompliance does not present an immediate threat to the health and well-beingof the children, and when the licensee has obtained a plan approved by theadministrator to correct the areas of noncompliance within the probationaryperiod. A probationary license shall be issued for up to twelve (12) months; itmay be extended for an additional six (6) months at the discretion of theadministrator. A probationary license that states the conditions of probationmay be issued by the administrator at any time for due cause. Any priorexisting license is invalidated when a probationary license is issued. When theprobationary license expires, the administrator may reinstate the originallicense to the end of its term, issue a new license or revoke the license.
(7) The administrator will establish criteria and procedurefor granting variances as part of the regulations.
(8) The above exceptions (probationary and provisionallicensing and variances) do not apply to and shall not be deemed to constituteany variance from state fire and health safety standards. However, if a requestfor a variance of fire inspection deficiencies has been submitted to the firesafety code board of appeal and review, DCYF may grant a provisional license toterminate no later than thirty (30) days following the board's decision on saidvariance.
(9) A license under this chapter shall be granted to a schoolage child day care program without the necessity for a separate fire, building,or radon inspection, when said child day care program is conducted at a RhodeIsland elementary or secondary school which has already been found incompliance with said inspections, provided that an applicant complies with allother provisions of DCYF regulations, or has been granted appropriate variancesby the department.