Section R9-5-201. Application for a License

A.      An applicant for a license shall:

1.        Be at least 21 years of age;

2.        If an individual, be a U.S. citizen or legal resident alien and a resident of Arizona;

3.        If a corporation, association, or limited liability company, be a domestic entity or a foreign entity qualified to do business in Arizona;

4.        If a partnership, have at least one partner who is a U.S. citizen or legal resident alien and a resident of Arizona;

5.        Submit to the Department an application packet contain- ing:

a.        An application on a form provided by the Depart- ment that contains:

i.         The applicant’s name;

ii.        The applicant’s date of birth;

iii.      The facility’s name, street address, city, state, zip code, mailing address, and telephone num- ber;

iv.      The requested service classifications;

v.        Whether the applicant agrees to allow the Department to submit supplemental requests for information;

vi.      A statement that the applicant has read and will comply with A.R.S. Title 36, Chapter 7.1, Arti- cle 1 and this Chapter;

vii.     A statement that the information provided in the application packet is accurate and complete; and

viii.   The applicant’s signature and date the applicant signed the application;

b.        A copy of the applicant’s:

i.         U.S. passport,

ii.        Birth certificate,

iii.      Naturalization documents, or

iv.      Documentation of legal resident alien status;

c.        A copy of the applicant’s valid fingerprint clearance card issued according to A.R.S. Title 41, Chapter 12, Article 3.1;

d.        A copy of the form required in A.R.S. § 36- 883.02(C);

e.        A certificate issued by the Department showing that the applicant has completed at least four hours of Department-provided training that included the Department’s role in licensing and regulating child care facilities under A.R.S. Title 36, Chapter 7.1, Article 1, and this Chapter;

f.         Except as provided in subsection (A)(5)(i), a site plan of the facility drawn to scale showing:

i.         The drawing scale;

ii.        The boundary dimensions of the property upon which the facility’s physical plant is located;

iii.      If more than one building is used for the facil- ity, the location and perimeter dimensions of each building;

iv.      The location of each driveway on the property;

v.        The location and boundary dimensions of each parking lot on the property;

vi.      The location and perimeter dimensions of each outdoor activity area;

vii.     The location, type, and height of each fence and gate; and

viii.   If applicable, the location of any swimming pool on the property;

g.        Except as provided in subsection (A)(5)(i), a floor plan of each building to be used for child care ser- vices drawn to scale showing:

i.         The drawing scale;

ii.        The length and width dimensions for each indoor activity area;

iii.      The requested licensed capacity and applicable service classification for each indoor activity area;

iv.      The location of each diaper changing area;

v.        The location of each hand washing, utility, and three-compartment sink, toilet, urinal, and drinking fountain; and

vi.      The location and type of fire alarm system;

h.        Except as provided in subsection (A)(5)(i):

i.         A copy of a certificate of occupancy issued for the facility by the local jurisdiction;

ii.        Documentation from the local jurisdiction that the facility was approved for occupancy; or

iii.      If the documents in subsections (A)(5)(h)(i) and (ii) are not available, the seal of an archi- tect registered as prescribed in A.R.S. § 32-121 on the site plan required in subsection (A)(5)(f) and the floor plan required in subsection (A)(5)(g) verifying compliance with local building and fire codes, local zoning require- ments, and this Chapter;

i.         For an applicant providing child care services to three-year-old, four-year-old, five-year-old, or school-age children in a facility located in a public school, a set of final construction drawings or a school map showing:

i.         The location of each school building;

ii.        The location and dimensions of each outdoor activity area to be used by enrolled children;

iii.      The length and width dimensions for each indoor activity area;

iv.      The requested licensed capacity and applicable service classification for each indoor activity area; and

v.        The location of each hand-washing sink, toilet, urinal, and drinking fountain to be used by enrolled children;

j.         If the facility is located within one-fourth of a mile of agricultural land:

i.         The names and addresses of the owners or les- sees of each parcel of agricultural land located within one-fourth mile of the facility, and

ii.        A copy of an agreement complying with A.R.S.

§ 36-882 for each parcel of agricultural land;

k.        The applicable fee in R9-5-206;

l.         If the applicant is a business organization, a form provided by the Department that contains:

i.         The name, street address, city, state, and zip code of the business organization;

ii.        The type of business organization;

iii.      The name, date of birth, title, street address, city, state, and zip code of each controlling per- son;

iv.      A copy of the business organization’s articles of incorporation, articles of organization, part- nership documents, or joint venture documents, if applicable;

v.        Documentation of good standing issued by the Arizona Corporation Commission and dated no earlier than three months before the date of the application; and

vi.      A statement signed by the applicant stating:

(1)     That each controlling person has not been denied a certificate or license to operate a child care group home or child care facil- ity in this state or another state, and

(2)     That each controlling person has not had a certificate or license to operate a child care group home or child care facility revoked in this state or another state for endanger- ing the health and safety of children;

m.      If the applicant is a public school, a form provided by the Department that contains:

i.         The name of the school district;

ii.        The name, title, street address, city, state, and zip code of each responsible party, if the responsible party is an individual, or each indi- vidual in the group, if the responsible party is a group of individuals;

iii.      A statement signed by the applicant stating:

(1)     That each individual in subsection (A)(5)(m)(ii) has not been denied a certifi- cate or license to operate a child care group home or child care facility in this state or another state, and

(2)     That each individual in subsection (A)(5)(m)(ii) has not had a certificate or license to operate a child care group home or child care facility revoked in this state or another state for endangering the health and safety of children; and

iv.      A letter from the school district governing board or school district superintendent desig- nating a signatory, if applicable;

n.        If the applicant is a charter school, a form provided by the Department that contains:

i.         The name, title, street address, city, state, and zip code of each responsible party, if the responsible party is an individual, or each indi- vidual in the group, if the responsible party is a group of individuals;

ii.        A statement signed by the applicant stating:

(1)     That each individual in subsection (A)(5)(n)(i) has not been denied a certifi- cate or license to operate a child care group home or child care facility in this state or another state, and

(2)     That each individual in subsection (A)(5)(n)(i) has not had a certificate or license to operate a child care group home or child care facility revoked in this state or another state for endangering the health and safety of children; and

iii.      A letter from the school district governing board in which the charter school is located, the Arizona State Board of Education, or the Ari- zona State Board for Charter Schools, approv- ing the applicant to operate the charter school; and

o.        If the applicant is a governmental agency, a form provided by the Department that contains:

i.         The name, title, street address, city, state, and zip code of each responsible party, if the responsible party is an individual, or each indi- vidual in the group, if the responsible party is a group of individuals;

ii.        A statement signed by the applicant stating:

(1)     That each individual in subsection (A)(5)(o)(i) has not been denied a certifi- cate or license to operate a child care group home or child care facility in this state or another state, and

(2)     That each individual in subsection (A)(5)(o)(i) has not had a certificate or license to operate a child care group home or child care facility revoked in this state or another state for endangering the health and safety of children; and

iii.      A letter from the individual in the senior leader- ship position with the agency designating a sig- natory.

B.       The Department requires a separate license and a separate application for:

1.        Each facility owned by the same person at a different location, and

2.        Each facility owned by a different person at the same location.

C.      The Department does not require a separate application and license for a structure that is:

1.        Located so that the structure and the facility:

a.        Share the same street address, or

b.        Can be enclosed by a single unbroken boundary line that does not encompass property owned or leased by another,

2.        Under the same ownership as the facility, and

3.        Intended to be used as a part of the facility.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Sec- tion repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8

A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Amended by exempt rulemaking at 15 A.A.R. 2096, effective January 1, 2010 (Supp. 09-4). Amended by

exempt rulemaking at 16 A.A.R. 1564, effective Septem- ber 30, 2010 (Supp. 10-3).