Section He-C 4002.02 - Licensure and Approval: Initial Applications, License Renewal, and Revisions(a) Any person or entity who intends to operate a program shall create an account in "NH Connections" at or obtain an application packet from the unit.(b) All applicants for licensure shall complete and submit an application by either applying online via the portal described in (a) above or by submitting "Application for Family Child Care Program" (April 2022) or "Application for Child Care Center" (April 2022) to the department, which shall not be considered complete until the department receives all of the information as specified in (d) below.(c) Center based programs with multiple buildings on the same or contiguous properties may apply for a single license for those buildings provided that: (1) The buildings function as a single program;(2) The buildings are in close proximity to ensure that no street, road, or obstacle is present which would impede the safe flow of individuals between the buildings;(3) There is a means of communication between the buildings, which allows the multiple buildings to function efficiently as a single program;(4) Staffing requirements for center based agencies with multiple buildings are met as specified in He-C 4002.35; and(5) In each building, there are adequate square footage and bathroom facilities for the number of children who will be cared for, in accordance with He-C 4002.22.(d) Except as specified in (i) below, the applicant shall submit to the department the following attachments with the application: (1) A "Child Care Personnel Health Form" (11/2017) or an equivalent record of a health screening documenting that the family child care provider, the center director, or site director has had a physical examination and is able to work with children completed no more than one year prior to the date the department receives the application;(2) A completed health officer inspection form documenting that, within the 12 months immediately preceding the date the department receives the application, the premises have been inspected and approved by a local health officer, for operation as a program;(3) A New Hampshire fire code compliance report documenting that, within the 12 months preceding the date the application for licensure is received by the department, the premises have been inspected for compliance with Saf-FMO 300 and Saf-C 6000, state fire code by the local fire department or the state fire marshal's office, and approved to operate as a program;(4) Documentation from the applicable town or city that the program has been granted zoning approval or that no zoning approval is required;(5) Background check forms as specified in He-C 4002.41 for: a. The owner or applicant;b. All household members age 10 years and older; andc. The center director, agency administrator, site director, or site coordinator as applicable; and(6) A copy of any documents required by the secretary of state regarding trade names, limited liability corporations, or corporations, as applicable.(e) For any family or family group child care provider between 18 and 21 years of age, the agency shall submit documentation that the individual meets the education requirements specified in He-C 4002.34.(f) For all center based programs, the agency shall submit documentation that the center director, agency administrator, site coordinator, or site director meets the education and experience requirements for the applicable program type(s) as specified in He-C 4002.35.(g) All family child care providers, center directors, agency administrators, site coordinators, and site directors shall submit with the application documentation of the completion of the professional development requirements listed in He-C 4002.33(a).(h) The documentation of education and experience required under (e) through (g) above shall include: (1) Copies of transcripts, certificates, diplomas, a non-expired appropriate level credential issued by the NH professional development system, or degrees as applicable; and(2) A resume verification of previous experience if such experience is required to meet the qualifications for the position.(i) In accordance with RSA 170-E:6, school-age programs which are operating in buildings in which public or private schools are currently located shall not be required to submit the documentation required in (d)(2) through (4) above.(j) No less than 3 months prior to the expiration date of the current license, each licensee shall submit to the department the following through the "NH Connections" portal at or by using the forms below:(1) A signed and completed application "Application for Family Child Care Program" (April 2022) or "Application for Child Care Center" (April 2022) for license renewal, in accordance with He-C 4002.02;(2) The application attachments specified in (d)(2), (3), and (6) above;(3) A completed "Staff and Household List" (9/2018);(4) The application attachments specified in (d)(1) and (f) above, if there has been a new center director, agency administrator, site coordinator or site director since the previous application was filed and the department has not received the required information regarding the change in director; and(5) A diagram of the indoor and outdoor space if changed since the previous application.(k) Upon receipt of a complete license application and inspection by department staff, the department shall: (1) Issue a 6-month permit to the applicant for a new license; or(2) Issue a 3-year license to the applicant for a license renewal.(l) The license issued in accordance with (k) above shall reflect the maximum number of children approved by the local fire inspector, health officer, and zoning officials, and in accordance with the available floor space as measured by the department in accordance with He-C 4002.22(e) and the number of available toilets and sinks in accordance with He-C 4002.22(d).(m) In accordance with RSA 541-A:30, I, an existing license shall not expire until the department takes final action upon the renewal application, provided a licensee submits a timely application in accordance with this section.(n) The license or permit shall: (1) Not be transferable to a new owner or to a new location; and(2) No longer be valid when: a. The licensee or permittee has surrendered a license or permit;b. The license has expired and a complete application form with attachments has not been received by the department; orc. The license or permit has been revoked or suspended; and 1. The licensee or permittee did not request an administrative hearing; or2. The licensee or permittee requested an administrative hearing and, following that hearing, a decision was issued upholding the revocation or suspension.(o) The licensee or permittee shall submit an application for revision:(1) When he or she wishes to add additional program types or change the type(s) of program for which they are licensed or permitted; or(2) Prior to moving to a new location.(p) A licensee or permittee who wishes to increase his or her license capacity shall: (1) Submit a written request to the department;(2) Obtain approvals from the local fire inspector, health inspector, and zoning officials, when the increase exceeds the limits established in the current approvals;(3) Submit diagrams of indoor and outdoor space if there have been changes in the child care space; and(4) Not increase enrollment beyond the current license capacity until the department issues the program a revised license or permit or other written authorization by the department for the increased license capacity.(q) A licensee or permittee who discontinues using a space for child care shall notify the department in writing within 5 business days of the change so that it can record the change in the file and revise the license accordingly if necessary.N.H. Admin. Code § He-C 4002.02
#2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12046, Effective 11/19/2016, Expires 5/18/2017.Ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17;Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12415, Effective 11/6/2017, Expires 11/6/2027.Amended by Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032