§ 42-12.5-5. General licensing provisions. The following general licensing provisions shall apply:

(1) A license issued under this chapter is not transferable and applies only to the licensee and the location stated in the application and remains 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 upon continuing compliance with the regulations, except that a certificate issued to a family day care home shall be valid for two (2) years from the date of issue.

(2) Every license application issued pursuant to § 42-12.5-4 shall be accompanied by a nonrefundable application fee paid to the state of Rhode Island as follows:

(i) Child day care center license - five hundred dollars ($500);

(ii) Group family day care home license - two hundred and fifty dollars ($250); and

(iii) Family day care home license - one hundred dollars ($100).

(3) All fees collected by the state pursuant to subsection (b) of this section shall be deposited by the general treasurer as general revenues.

(4) A licensee shall comply with applicable state fire and health safety standards.

(5) The department may grant a provisional license to an applicant who is not able to demonstrate compliance with all of the regulations because the program or residence is not in full operation; however, the applicant must meet all regulations that can be met in the opinion of the administrator before the program is fully operational. The provisional license shall be granted for a limited period not to exceed six (6) months and shall be subject to review every three (3) months.

(6) The department may grant a probationary license to a licensee who is temporarily unable to comply with a rule or rules when the noncompliance does not present an immediate threat to the health and well-being of the children, and when the licensee has obtained a plan approved by the administrator to correct the areas of noncompliance within the probationary period. A probationary license shall be issued for up to twelve (12) months; it may be extended for an additional six (6) months at the discretion of the administrator. A probationary license that states the conditions of probation may be issued by the administrator at any time for due cause. Any prior existing license is invalidated when a probationary license is issued. When the probationary license expires, the administrator may reinstate the original license to the end of its term, issue a new license, suspend, or revoke the license.

(7) The administrator will establish criteria and procedure for granting variances as part of the regulations.

(8) The above exceptions (probationary and provisional licensing and variances) do not apply to and shall not be deemed to constitute any variance from state fire and health safety standards. However, if a request for a variance of fire inspection deficiencies has been submitted to the fire safety code board of appeal and review, DHS may grant a provisional license to terminate no later than thirty (30) days following the board's decision on said variance.

(9) A license under this chapter shall be granted to a 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 Rhode Island elementary or secondary school which has already been found in compliance with said inspections, provided that an applicant complies with all other provisions of DHS regulations, or has been granted appropriate variances by the department.

History of Section. (P.L. 2019, ch. 88, art. 4, § 15.)