CHAPTER 640
H.P. 272 - L.D. 359
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §7802, sub-§2, ¶B, as amended by PL 1999, c. 599, §1, is further amended to read:
B. The terms of full licenses or approvals are as follows.
(1) Except as provided in subparagraphs (2), (3) and (4) to (6), the term of all full licenses and approvals issued pursuant to this chapter is for one year or the remaining period of a conditional or provisional license that has been issued for less than one year.
(2) The term of a residential child care facility license is for 2 years.
(3) The term of a drug treatment center license may be for either one or 2 years.
(4) The term of a family foster home or specialized foster home license is for 2 years.
(5) The term of a child care facility license issued under section 8301-A, subsection 2 is for 2 years.
(6) The term of a home day care certificate issued under section 8301-A, subsection 3 is for 2 years.
Sec. 2. 22 MRSA §8301-A, sub-§2, as amended by PL 2001, c. 645, §6, is further amended to read:
2. Child care facility licensure. The owner or operator of a child care facility shall pay the licensing fee required under section 8303-A. A child care facility must be licensed under this chapter and must comply with the rules adopted by the commissioner under section 8302-A and the fire safety requirements of section 8304-A. The department shall make at least one unannounced inspection of a child care facility licensed under this chapter during the term of the license. The inspection must take place between 6 and 18 months after the issuance of the license. Except as otherwise provided, a nursery school must meet the requirements of this chapter and chapter 1675.
Sec. 3. 22 MRSA §8301-A, sub-§3, as amended by PL 2005, c. 530, §7, is further amended to read:
3. Family child care provider certification. A family child care provider shall pay the certification fee required under section 8303-A. A family child care provider must be certified under this chapter and shall comply with the rules adopted by the commissioner under section 8302-A and the fire safety requirements of section 8304-A. The department shall make at least one unannounced inspection of a family child care provider certified under this chapter during the term of the certificate. The inspection must take place between 6 and 18 months after the issuance of the certificate.
Sec. 4. 22 MRSA §8303-A, as amended by PL 2005, c. 530, §10, is further amended to read:
By January 1, 1998, the The department shall adopt rules to establish reasonable fees for both initial licensure or certification and license or certification renewals for child care facilities, nursery schools and certified family child care providers. Rules adopted pursuant to this section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 5. 22 MRSA §8402, sub-§3, ¶E, as amended by PL 2001, c. 645, §10, is further amended to read:
E. The nursery school meets, annually biennially, the fire safety requirements specified in section 8403, subsection 2.
Sec. 6. 22 MRSA §8403, sub-§2, as amended by PL 1997, c. 728, §14, is further amended to read:
2. Requirements. This written statement must be furnished annually biennially to the department and must indicate that the nursery school has complied with at least the requirements of the Life Safety Code of the National Fire Protection Association that are specified in:
A. The family day care homes section, if the nursery school has at least 3 but no more than 6 children per session;
B. The group day care homes section, if the nursery school has at least 7 but no more than 20 children per session; or
C. The child day care centers section, if the nursery school has more than 20 children per session.
Sec. 7. Biennial fees. By January 1, 2007, the Department of Health and Human Services shall assess biennial fees for full child care facility licenses, nursery school licenses and family child care certificates that must be twice the fees assessed for licenses and certificates that are issued annually. Notwithstanding the provisions of the Maine Revised Statutes, Title 22, section 8303-A, rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Effective August 23, 2006.
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