TITLE 9. HEALTH SERVICES

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended by adding a new paragraph (16) and renumbering accordingly effective July 7, 1988 (Supp. 88-3). Amended as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency amendments readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency amendments readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency expired. Emergency amendments readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency amendments readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency amendments permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Amended 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 final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1). Amended by final rulemaking at 13 A.A.R. 3492, effective December 1, 2007 (Supp. 07-4).

R9-5-102. Individuals to Act for Applicant or Licensee Regarding Document, Fingerprinting, and Department-Provided Training Requirements

When an applicant or licensee is required by this Chapter to provide information on or sign documents, possess a fingerprint clearance card, or complete Department-provided training, the following shall satisfy the requirement on behalf of the applicant or licensee:

1. If the applicant or licensee is an individual, the individual;

2. If the applicant or licensee is a corporation, an officer of the corporation;

3. If the applicant or licensee is a partnership, two of the partners;

4. If the applicant or licensee is a limited liability company, a manager or, if the limited liability company does not have a manager, a member of the limited liability company;

5. If the applicant or licensee is an association or cooperative, two members of the governing board of the association or cooperative;

6. If the applicant or licensee is a joint venture, two of the individuals signing the joint venture agreement;

7. If the applicant or licensee is a public school, an individual designated in writing as signatory for the public school by the school governing board or school district superintendent;

8. If the applicant or licensee is a charter school, the person approved to operate the charter school by the district governing board, the Arizona Board of Education, or the Arizona Board for Charter Schools;

9. If the applicant or licensee is a governmental agency, the individual in the senior leadership position with the agency or an individual designated in writing by that individual; and

10. If the applicant or licensee is a business organization type other than those described in subsections (2) through (9), two individuals who are members of the business organization.

Historical Note

New Section made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Amended by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

ARTICLE 2. FACILITY LICENSURE

R9-5-201. Application for a License

A. An applicant for a license shall:

1. Be at least 18 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 that includes:

a. A notarized application form signed by the applicant stating:

i. The applicant's name;

ii. The facility's name, street address, mailing address, and telephone number;

iii. The applicant's type of business organization;

iv. The name and business or residential address of each controlling person;

v. That no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state;

vi. That no controlling person has had a certificate to operate a child care group home or a license to operate a child care facility revoked in this state or another state for reasons that relate to endangerment of the health and safety of children;

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

viii. That the applicant has read and will comply with these rules and declares that the information provided in the application is accurate and complete;

b. If the applicant is a business organization, an Attachment to Application including the following organizational information about the applicant:

i. The address of the business organization;

ii. The name, title, and address of each officer and board member or trustee; and

iii. A copy of the business organization's articles of incorporation, articles of organization, or partnership or joint venture documents, if applicable;

c. A copy of the applicant's valid class one or class two fingerprint clearance card issued according to A.R.S. § 41-1758.03;

d. A Criminal History Affidavit Class I or Class II completed by the applicant and including the information required by A.R.S. § 36-883.02;

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 these rules;

f. If the applicant is an individual, a copy of one of the following for the applicant:

i. A U.S. passport,

ii. A birth certificate,

iii. Naturalization documents, or

iv. Documentation of legal resident alien status;

g. If the applicant is a corporation or a limited liability company, a certificate of good standing issued to the applicant by the Arizona Corporation Commission and dated within six months before the date of application;

h. If the applicant is a partnership or an association, a copy of one of the following for one partner or association member of the applicant:

i. A U.S. passport,

ii. A birth certificate,

iii. Naturalization documents, or

iv. Documentation of legal resident alien status;

i. The following information about the applicant's designated agent:

i. Name;

ii. Residential and business addresses;

iii. Residential and business telephone numbers; and

iv. Residential and business fax numbers, if any;

j. A copy of one of the following for the applicant's designated agent:

i. A U.S. passport,

ii. A birth certificate,

iii. Naturalization documents, or

iv. Documentation of legal resident alien status;

k. The documents required by R9-5-607;

l. An Applicant, Staff, and Resident Report Form, including the applicant's name and address; a statement that the information on the form is accurate and complete; the dated signature of the applicant; and the following information about the applicant, each staff member, and each resident:

i. Name;

ii. Social security number or identification number issued by the U.S. Immigration and Naturalization Service;

iii. Birth date;

iv. Hire date, if applicable;

v. Job title, if a staff member, or relationship to the applicant or director, if a resident;

vi. Date of high school diploma or high school equivalency diploma, if applicable; and

vii. Information demonstrating each individual's compliance with A.R.S. § 36-883.02;

m. An Agricultural Land Notification Form, including:

i. The facility's name and address;

ii. Whether the facility is located within one-fourth mile of agricultural land; and

iii. If the facility is located within one-fourth mile of agricultural land, the names and addresses of the owners or lessees of all agricultural land located within one-fourth mile of the facility;

n. If the facility is located within one-fourth mile of agricultural land, and a child care facility has not previously been licensed at the same location, a copy of an agreement complying with A.R.S. § 36-882(D) for each parcel of agricultural land affected;

o. A Director Qualifications Form completed by the individual that the applicant intends to have serve as facility director, including:

i. The name of the individual;

ii. The facility's name, address, and telephone number;

iii. A statement that the individual is at least 21 years of age, will accept the primary responsibility for the daily administration and operation of the facility, and possesses the minimum qualifications required by R9-5-401;

iv. An indication of the individual's credentials or academic experience complying with R9-5-401;

v. A list of the individual's qualifying child care experience, including beginning and ending dates; positions held; each facility's name, address, and telephone number; a description of the experience at each facility; and the number of hours per week worked at each facility;

vi. A copy of the individual's diploma or transcript from each high school, college, university, or other educational facility attended by the individual, showing the name and location of the educational facility; the course of study pursued at the educational facility; the date of any diploma or degree attained at the educational facility; and the number of credit hours completed or the diploma or degree attained at the educational facility;

vii. A copy of the certificate of attendance from each child-care workshop attended by the individual;

viii. A statement that the individual has provided the licensee with the names, addresses, and telephone numbers of two professional references and two personal references and with at least one written professional reference and one written personal reference;

ix. A statement that the information in the Director Qualifications Form is accurate and complete; and

x. The signature of the individual; and

p. The fee required by A.R.S. § 36-882.

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). Section 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).

R9-5-202. Time-frames

A. The overall time-frame described in A.R.S. § 41-1072 for each type of approval granted by the Department under this Article is listed in Table 1. The applicant and the Department may agree in writing to extend the substantive review time-frame and the overall time-frame. An extension of the substantive review time-frame and the overall time-frame may not exceed 25% of the overall time-frame.

B. The administrative completeness review time-frame described in A.R.S. § 41-1072 for each type of approval granted by the Department under this Article is listed in Table 1 and begins on the date that the Department receives an application.

1. The Department shall send a notice of administrative completeness or deficiencies to the applicant within the administrative completeness review time-frame.

a. A notice of deficiencies shall list each deficiency and the items needed to complete the application.

b. The administrative completeness review time-frame and the overall time-frame are suspended from the date that the notice of deficiencies is issued until the date that the Department receives all of the missing items from the applicant.

c. If an applicant for an initial license, a license renewal, or an approval of a change affecting a license fails to submit to the Department all of the items listed in the notice of deficiencies within 180 days after the date that the Department sent the notice of deficiencies, the Department shall consider the application withdrawn.

2. If the Department issues a license or other approval to the applicant during the administrative completeness review time-frame, the Department shall not issue a separate written notice of administrative completeness.

C. The substantive review time-frame described in A.R.S. § 41-1072 is listed in Table 1 and begins on the date of the notice of administrative completeness.

1. As part of the substantive review for an initial license application or a license renewal application, the Department shall conduct an inspection that may require more than one visit to the facility.

2. As part of the substantive review for a request for approval of a change affecting a license that requires a change in the use of physical space at the facility, the Department shall conduct an inspection that may require more than one visit to the facility.

3. The Department shall send a license or a written notice of approval or denial of a license or other request for approval to an applicant within the substantive review time-frame.

4. During the substantive review time-frame, the Department may make one comprehensive written request for additional information, unless the Department and the applicant have agreed in writing to allow the Department to submit supplemental requests for information.

a. If the Department determines that an applicant or a facility is not in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules, the Department shall send a comprehensive written request for additional information that includes a written statement of deficiencies stating each statute and rule upon which noncompliance is based.

b. An applicant shall submit to the Department all of the information requested in the comprehensive written request for additional information and written documentation of the corrections required in the statement of deficiencies, if applicable:

i. Within 120 days after the date of the comprehensive written request for additional information, if applying for an initial license or for approval of a change affecting a license; or

ii. Within 10 days after the date of the comprehensive written request for additional information, if applying for a license renewal.

c. The substantive review time-frame and the overall time-frame are suspended from the date that the Department issues a comprehensive written request for additional information or a supplemental request for information until the date that the Department receives all of the information requested, including documentation of corrections required in a statement of deficiencies, if applicable.

d. If an applicant fails to submit to the Department all of the information requested in a comprehensive written request for additional information or a supplemental request for information, including documentation of corrections required in a statement of deficiencies, if applicable, within the time prescribed in subsection (C)(4)(b), the Department shall deny the application.

5. The Department shall issue a license or approval if the Department determines that the applicant and facility are in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules, and the applicant submits documentation of corrections that is acceptable to the Department for any deficiencies.

6. If the Department determines that a license or approval is to be denied, the Department shall send to the applicant a written notice of denial complying with A.R.S. § 36-888 and stating the reasons for denial and all other information required by A.R.S. §§ 36-888 and 41-1076.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section 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).

Table 1. Time-frames (in days)

Historical Note

New Table made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-203. Fingerprinting Requirements

A. A licensee shall ensure that each staff member and each adult resident at a facility:

1. Possesses a valid class one or class two fingerprint clearance card issued under A.R.S. § 41-1758.03; or

2. Submits to the licensee, within seven working days after becoming a staff member or adult resident, a copy of a fingerprint clearance card application showing that the application was submitted to the fingerprint division of the Department of Public Safety under A.R.S. § 41-1758.02.

B. If a staff member or adult resident possesses a class one or class two fingerprint clearance card that was issued before the staff member or adult resident became a staff member or adult resident at the facility, the licensee shall contact the Department of Public Safety within seven working days after the individual becomes a staff member or adult resident to determine whether the class one or class two fingerprint clearance card is valid. The licensee shall make a record of this determination, including the name of the staff member or adult resident, the date of the contact with the Department of Public Safety, and whether the class one or class two fingerprint clearance card is valid.

C. A licensee shall not allow an individual to be a staff member or adult resident if the individual has been denied a class two fingerprint clearance card under A.R.S. Title 41, Chapter 12, Article 3.1 and has not received an interim approval under A.R.S. § 41-619.55(H).

D. A licensee shall not allow an individual to be a staff member or adult resident if the individual receives an interim approval under A.R.S. § 41-619.55(H) but is then denied a good cause exception under A.R.S. § 41-619.55 and a class two fingerprint clearance card under A.R.S. Title 41, Chapter 12, Article 3.1.

E. A licensee shall ensure that each staff member and adult resident submits to the licensee an original of the form required in A.R.S. § 36-883.02(C). A form completed while a staff member or adult resident was a staff member or adult resident at another facility does not satisfy this subsection.

F. A licensee shall maintain documentation of compliance with this Section in each staff member's or adult resident's file throughout the time the individual is a staff member or adult resident and for 12 months after the individual ceases to be a staff member or adult resident.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section 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).

R9-5-204. Child Care Service Classifications

A. The Department licenses child care facilities using the following service classifications:

1. Full-day care,

2. Part-day care,

3. Evening and nighttime care,

4. Infant care,

5. One-year-old child care, and

6. School-age child care.

B. The Department shall designate on a facility's license each service classification that the facility is licensed to provide.

C. A licensee shall not provide child care services in a service classification for which the licensee is not licensed.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-204 repealed; new Section R9-5-204 renumbered from R9-5-205 and amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-205. License Renewal

A. At least 45 days before the expiration date of a current license, an applicant for renewal of a license shall submit to the Department an application including:

1. A notarized application form signed by the applicant that includes:

a. The applicant's name;

b. The facility's name, street address, mailing address, and telephone number;

c. The applicant's type of business organization; and

d. A statement that the applicant has read and will comply with these rules and declares that the information provided in the application is accurate and complete;

2. An Attachment to Application including any changes to the information previously submitted as prescribed in R9-5-201(A)(5); and

3. The fee required by A.R.S. § 36-882.

B. An applicant that submits the items required by subsection (A) later than 45 days before the expiration date of the current license shall pay to the Department the late filing fee required by A.R.S. § 36-882.

C. If an applicant submits the items required by subsection (A) and the fee required by subsection (B), if applicable, before the expiration date of the current license, the current license does not expire until the date specified in A.R.S. § 41-1092.11(A).

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-205 renumbered to R9-5-204; new Section R9-5-205 renumbered from R9-5-206 and amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-206. Changes Affecting a License

A. At least 30 days before the date of a change in a facility's name, a licensee shall send the Department written notice of the name change. Within 30 days after the date of receipt of the notice, the Department shall issue an amended license that incorporates the name change but retains the expiration date of the current license.

B. At least 30 days before the date of an intended change in a facility's service classification, space utilization, or licensed capacity, a licensee shall submit a written request for approval of the change to the Department. The written request shall include:

1. The licensee's name;

2. The facility's name, street address, mailing address, and telephone number;

3. The name, telephone number, and fax number of a point of contact for the request;

4. The facility's license number;

5. The type of change intended:

a. Service classification,

b. Space utilization, or

c. Licensed capacity;

6. A narrative description of the intended change; and

7. The following additional information, as applicable:

a. If the intended change affects individual rooms, the following information about each affected room:

i. Room name or number,

ii. Square footage,

iii. Operating hours,

iv. Ages of the children to receive care in the room,

v. Maximum number of children to receive care in the room, and

vi. Whether the room has a diaper changing area;

b. If the intended change is to increase licensed capacity, the square footage of the outdoor activity area; and

c. If the intended change includes a modification to a licensed facility, the following, as applicable:

i. If the facility is not located in a public school, a set of final construction drawings, in compliance with R9-5-607(B);

ii. If the facility is located in a public school and provides child care for children younger than school-age children, a set of final construction drawings or a school map, in compliance with R9-5-607(C);

iii. If the facility is located in a public school and provides child care only for school-age children, two sets of final construction drawings or two school maps, in compliance with R9-5-607(D); and

iv. If the facility is a factory-built building, the documents required by R9-5-607(E).

C. The Department shall review a request submitted under subsection (B) according to R9-5-202. If the facility will be in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules with the intended change, the Department shall send the licensee an amended license that incorporates the change but retains the expiration date of the current license.

D. A licensee shall not implement any change described under subsection (B) until the Department issues an amended license.

E. At least 30 days before the date of a change in the ownership of a facility, a licensee shall send the Department written notice of the change. A new owner shall obtain a new license as prescribed in R9-5-201 before the new owner begins operating the facility.

F. A licensee changing a facility's location shall apply for a new license as prescribed in R9-5-201.

G. Within 30 days after the election of a new officer to the business organization, the election of a new director to the board of directors for the business organization, or a change in a controlling person, a licensee shall send the Department written notice of the change. The written notice shall include:

1. The name of the licensee;

2. A description of the change made;

3. The following information about each controlling person:

a. Name, and

b. Business or residential address;

4. A statement that no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state;

5. A statement that no controlling person has had a certificate to operate a child care group home or a license to operate a child care facility revoked in this state or another state for reasons that relate to endangerment of the health and safety of children;

6. A statement that the information provided in the written notice is accurate and complete; and

7. The notarized signature of the licensee.

H. Within 30 days after changing its designated agent, a licensee shall send the Department written notice of the change, to include:

1. The name of the new designated agent;

2. The residential and business addresses of the new designated agent; and

3. A copy of one of the following for the new designated agent:

a. A U.S. passport,

b. A birth certificate,

c. Naturalization documents, or

d. Documentation of legal resident alien status.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-206 renumbered to R9-5-205; new Section R9-5-206 renumbered from R9-5-207 and amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-207. Change in Director

A. Except as provided in subsection (B), within 10 days before changing a facility director, a licensee shall send the Department written notice of the change.

B. If a licensee is not aware of a change in facility director 10 days before the effective date of the change, the licensee shall send the Department written notice within 48 hours after becoming aware of the change.

C. The written notice shall include a Director Qualifications Form completed as required by R9-5-201(A)(5)(o).

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-207 renumbered to R9-5-206; new Section R9-5-207 made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-208. Inspections; Investigations

A. The Department shall inspect each facility before issuing an initial license or a renewal license and as often as necessary to determine compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules. A licensee shall allow access to all areas of the facility affecting the health, safety, or welfare of an enrolled child or to which an enrolled child has access during hours of operation.

B. If the Department receives written or verbal information alleging a violation of A.R.S. Title 36, Chapter 7.1, Article 1 or these rules, the Department shall conduct an investigation. A licensee shall permit the Department to interview staff members, residents, and enrolled children as part of an investigation.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section 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).

R9-5-209. Denial, Revocation, or Suspension of License

A. The Department may deny, revoke, or suspend a license to operate a facility if an applicant or licensee:

1. Provides false or misleading information to the Department;

2. Has been denied a certificate or license to operate a child care home or a certificate or license to operate a child care facility in any state, unless the denial was based on the applicant's failure to complete the certification or licensing process according to a required time-frame;

3. Has had a certificate or license to operate a child care home or a certificate or license to operate a child care facility revoked or suspended in any state;

4. Has been denied a fingerprint clearance card or has had a fingerprint clearance card revoked under A.R.S. Title 41, Chapter 12, Article 3.1;

5. Fails to substantially comply with any provision in A.R.S. Title 36, Chapter 7.1, Article 1 or these rules; or

6. Substantially complies with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules, but refuses to carry out a plan acceptable to the Department to eliminate any deficiencies.

B. In determining whether to deny, suspend, or revoke a license, the Department shall consider the threat to the health and safety of children in a facility based on such factors as:

1. Repeated violations of statutes or rules,

2. A pattern of non-compliance,

3. The type of violation,

4. The severity of each violation, and

5. The number of violations.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section 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).

R9-5-210. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (A) effective July 7, 1988 (Supp. 88-3). Repealed effective October 17, 1997 (Supp. 97-4).

R9-5-211. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Repealed effective October 17, 1997 (Supp. 97-4).

ARTICLE 3. FACILITY ADMINISTRATION

R9-5-301. General Licensee Responsibilities

A. A licensee shall designate a facility director who acts on behalf of the licensee and is responsible for the daily onsite operation of a facility.

B. A licensee shall ensure that:

1. A facility director designates in writing, an individual to act on behalf of the facility director when the facility director is not present in the facility;

2. The individual designated in subsection (B)(1):

a. Has access to all records necessary for performance of the facility director's duties,

b. Is 21 years of age or older, and

c. Provides documentation of any of the following:

i. High school or high school equivalency diploma and six credit hours or more in early childhood, child development, or closely related field from an accredited college or university, or 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in the areas of early childhood, child development, or closely related field, and 12 months or more of child care experience;

ii. N.A.C., C.D.A., C.C.P., or C.P.C. credential and at least 12 months of child care experience;

iii. A minimum of 24 credit hours from an accredited college or university, including at least six credit hours of course work in the areas of early childhood, child development, or closely related field, and 12 months of child care experience;

iv. Associate degree from an accredited college or university in the areas of early childhood, child development, or closely related field, and six months of child care experience; or

v. Bachelor degree from an accredited college or university in the areas of early childhood, child development, or closely related field, and 3 months of child care experience.

3. A facility director supervises or assigns a teacher-caregiver to supervise each staff member that does not meet the qualifications of R9-5-401(2) and each student-aide, and

4. A facility director prepares a dated attendance record for each day and ensures that each staff member records on the attendance record the time of each arrival and departure of the staff member.

C. A licensee shall develop and implement written facility policies and procedures required for the daily onsite operation of the facility as prescribed in A.R.S. § 36-881 et seq. and these rules.

D. A licensee shall notify a parent of the following:

1. That the parent:

a. Has access to all areas of a facility where child care services are provided during hours of operation, and

b. Is permitted to participate in any child care activity that the parent's child is participating in; and

2. Of the procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility's premises.

E. A licensee shall ensure that the following individuals are allowed immediate access to facility premises during hours of operation:

1. A parent or an individual designated in writing by the parent; or

2. A representative of:

a. The Department,

b. Local health department,

c. Child Protective Services, or

d. Local fire department or State Fire Marshal.

F. A licensee shall, with the exception of individuals listed in subsection (E), ensure that a staff member accompany and monitor any individual that is not a staff member, who is on facility premises to provide repair, maintenance, supplemental education, or other services where children are present.

G. A licensee shall ensure that each staff member and individual who is a resident at the facility submits one of the following documents provided by a health care provider as evidence of current freedom from pulmonary tuberculosis:

1. A report of a negative Mantoux skin test administered to a resident at the facility or to a staff member no later than 12 hours after the starting date of employment; or

2. A physician's written statement that the staff member or the individual who is a resident in the facility is currently free from tuberculosis.

H. If an enrolled child has an accident, injury, or emergency that requires medical treatment by a health care provider while attending a facility, the licensee shall ensure that a staff member:

1. Notifies the child's parent immediately after the accident, injury, or emergency;

2. Documents the date, time, and location of the child's accident, injury, or emergency, the method used to notify the parent, and the time the parent was notified; and

3. Maintains documentation of the accident, injury, or emergency on facility premises in a file that is separate from the current Emergency, Information, and Immunization card for 24 months from the date of the child's disenrollment.

I. A licensee shall ensure that at least one staff member who has current training in first aid and at least one staff member who has current training in CPR, as required by R9-5-403(E), is present at all times on facility premises, on field trips or while transporting enrolled children in a facility's motor vehicle or a vehicle designated by the licensee to transport children. This requirement may be met by a single staff member who has current training in both first aid and CPR.

J. A licensee shall prohibit the use or possession of the following items when an enrolled child is on facility premises, during hours of operation, or in any motor vehicle when used by the licensee for transportation of enrolled children:

1. Any beverage containing alcohol;

2. A controlled substance as listed in A.R.S. Title 36, Chapter 27, Article 2;

3. A dangerous drug as defined in A.R.S. § 13-3401;

4. A prescription medication as defined in A.R.S. § 32-1901 except where used in the manner prescribed; or

5. A firearm as defined in A.R.S. § 13-105.

K. At least once a month, and at different times of the day, a licensee shall ensure that an unannounced fire evacuation drill is conducted that includes each staff member and child at the facility.

1. If child care services for a child with special needs are provided at a facility, the licensee shall provide for the child's participation in each fire evacuation drill in accordance with the child's individualized plan as specified in R9-5-507(A)(1).

2. A licensee shall keep a written record of each fire evacuation drill on facility premises for 12 months from the date of the drill.

L. A licensee shall ensure that a written performance evaluation of each staff member is conducted every 12 months from the date of employment.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 3492, effective December 1, 2007 (Supp. 07-4).

R9-5-302. Statement of Child Care Services

A. A licensee shall prepare a written statement regarding child care services that includes:

1. A description of the facility's child care services classifications in R9-5-205;

2. Hours of operation;

3. Child enrollment and disenrollment procedures;

4. Charges, fees, and payment requirements for child care services;

5. Child admission and release requirements;

6. Discipline guidelines and methods;

7. Transportation procedures;

8. Field trip requirements and procedures;

9. Responsibilities and participation of parents in facility activities;

10. A description of all activities and programs;

11. Liability insurance required by R9-5-308 that is carried by the licensee;

12. Medication administration procedures;

13. Emergency medical procedures;

14. A notice stating inspection reports are available, upon request; and

15. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department's address and telephone number.

B. A licensee shall provide a copy of the written statement of child care services:

1. To the Department:

a. At the time the licensee's facility receives an initial license,

b. Every 12 months from the date of the initial license as required by A.R.S. § 36-883.01, and

c. When a change occurs in the child care services provided by the licensee; and

2. To a parent when:

a. A parent's child is enrolled,

b. A parent requests a copy of the written statement of child care services, or

c. There is a change in the child care services provided by the licensee.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (A) effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-303. Posting of Notices

A. A licensee shall designate a wall area or notice board inside the facility's entrance, in a place that can be conspicuously viewed by individuals entering or leaving the facility, for the posting of the:

1. Current license;

2. Name of the facility director;

3. Name of the individual designated to act on behalf of the facility director when the facility director is not present in the facility, as prescribed by R9-5-301(B)(1);

4. Schedule of child care services fees and policy for the refund of fees as prescribed by A.R.S. § 36-882(K);

5. Breakfast, lunch, dinner, and snack menus for each calendar week at the beginning of the calendar week;

6. Notice of the presence of any communicable disease or infestation listed in 9 A.A.C. 6, Article 2, Table 2, from the date of discovery through the incubation period of the communicable disease or infestation;

7. Notice of denial, revocation or suspension as prescribed by A.R.S. § 36-888;

8. Notice of an intermediate sanction imposed as prescribed by A.R.S. § 36-891.01;

9. Notice of legal injunction imposed as prescribed by A.R.S. § 36-886.01; and

10. Notice of the availability of facility inspection reports for public viewing.

B. A licensee shall ensure that the licensed capacity of each activity area or room is posted in that activity area.

C. A licensee shall post a notification of pesticide application in each activity area and in each entrance of a facility, at least 48 hours before a pesticide is applied on the facility's premises, containing:

1. The date and time of the pesticide application, and

2. A statement that written pesticide information is available from the licensee upon request.

D. A licensee is exempt from the provisions in subsection (C), as prescribed by A.R.S. § 36-898(C).

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 3492, effective December 1, 2007 (Supp. 07-4).

R9-5-304. Enrollment of Children

A. A licensee shall require that a child be enrolled by the child's parent or an individual authorized in writing by the parent.

B. At the time of enrollment, a licensee shall require a child's parent to complete an Emergency, Information, and Immunization Record card that is signed by a parent containing:

1. The child's name, home address, home telephone number, sex, and date of birth;

2. The date of the child's enrollment;

3. The names, home and business addresses, and telephone numbers of the child's parents;

4. The names, addresses, and telephone numbers of individuals authorized by a parent to collect a child from the facility if the parent cannot be located;

5. The names of individuals not permitted by a parent to remove the child from a facility;

6. The names, addresses, and telephone numbers of a child's physician or health care provider and hospital;

7. The written authorization and parent instructions for emergency medical care of the parent's child when the parent cannot be contacted at the time of the emergency;

8. The written instructions of a parent or health care provider for nutritional and dietary needs of a child;

9. A written record completed by a parent or health care provider noting a child's susceptibility to illness, physical conditions of which child care personnel should be aware, and any individual requirements for health maintenance; and

10. A child's immunization record or a notation of exemption affidavit, required by R9-5-305(A).

C. A licensee shall maintain a current Emergency, Information, and Immunization Record card for each enrolled child on facility premises in a place that provides child care personnel ready access to the card in event of an emergency at, or evacuation of, the facility.

D. When a child is disenrolled from a facility, the licensee shall:

1. Enter the date of disenrollment on the child's Emergency, Information, and Immunization Record card; and

2. Maintain the records in subsection (D)(1) for 12 months from the date of disenrollment on facility premises in a place separate from the current Emergency, Information, and Immunization Record cards. If a licensee is a school governing board, a charter school, or a person operating multiple child care facilities, the licensee may maintain disenrollment records in a single central administrative office located in the same city, town, or school attendance area as the facility.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-305. Child Immunization Requirements

A. A licensee shall not permit an enrolled child to attend a facility until the facility receives either a child's written immunization record or an exemption affidavit.

1. A child's immunization record provided by a parent shall contain the information required by A.A.C. R9-6-703 provided by a health care provider, stating that the child has received all current, age-appropriate immunizations required by the Department under A.A.C. R9-6-701(A) and (B).

2. An exemption affidavit provided by a parent shall consist of:

a. A statement, signed by a child's health care provider, that the immunizations required by the Department as prescribed in A.A.C. R9-6-701(A) and (B) would endanger a child's health or medical condition; or

b. A statement, signed by a child's parent, that the child is being raised in a religion whose teachings are in opposition to immunization.

B. A licensee shall ensure that a staff member updates a child's immunization record on the child's Emergency, Information, and Immunization Record card each time a parent provides the licensee with a written statement from a child's health care provider that the child has received an age-appropriate immunization required by R9-6-701(A) and (B).

C. If a child's immunization record indicates that a child has not received an age-appropriate immunization required by A.A.C. R9-6-701(A) and (B), a licensee shall ensure that a staff member:

1. Notifies a parent in writing that the child may attend the facility for not more than 15 days from the date of the notification unless the parent provides the facility with written evidence of the required immunization or an exemption affidavit as prescribed by subsection (A)(2); and

2. Documents in the child's immunization record the date on which a parent is notified of an immunization required by the Department.

D. If a licensee is notified by a parent, staff member, or health care provider, that a child or staff member has a communicable disease, the licensee shall ensure that child care personnel do not permit a child who lacks written evidence of immunity to the communicable disease to be present in the facility until:

1. A parent provides written evidence of the child's immunity to the disease; or

2. A local health department notifies the licensee that the child may return to the facility.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-306. Admission and Release of Children; Attendance Records

A. A licensee shall maintain a written or electronically logged and dated attendance form containing a child's name with the time of each admission and release of the child.

1. A licensee shall ensure that the attendance form is signed with at least a first initial and last name by each child's parent or individual designated in writing or by telephone by a parent, each time the child is admitted or released. An electronic fingerprint verification may be used in place of a signature of a parent or designated individual to verify identity before admitting or releasing a child.

2. Before releasing a child to an individual other than a parent, a licensee shall require each individual collecting a child to present picture identification.

3. A licensee shall not release a child to an individual other than a child's parent or other individual designated in writing by a parent except when the parent is unable to collect the child and authorizes the licensee by telephone to release the child to an individual not so designated. The licensee shall verify the telephone authorization using a means of verification that has been agreed upon between the licensee and the parent at the time of enrollment.

4. A licensee shall not permit the self-admission or self-release of an enrolled child unless the child is of school age and the licensee has obtained and verified written permission from the child's parent.

5. A licensee shall maintain the attendance form on facility premises for 12 months from the date of attendance.

B. A licensee shall ensure that a staff member prepares and maintains a roster each day for each child under the staff member's supervision that:

1. Is dated;

2. Lists the first and last name of each child physically present; and

3. Is maintained on facility premises for three months from the date of attendance.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (B) effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-307. Suspected or Alleged Child Abuse or Neglect

A licensee or staff member shall document and report all suspected or alleged cases of child abuse or neglect.

1. A licensee or staff member shall report the suspected or alleged child abuse or neglect to Child Protective Services or to a local law enforcement agency as prescribed in A.R.S. § 13-3620. The licensee or staff member shall notify the Department of the suspected or alleged child abuse or neglect by any means available within 24 hours of the required report. The licensee or staff member shall also send written documentation to the Department, Child Protective Services, and any local law enforcement agency previously notified within three days of the initial report, and maintain written documentation of a child abuse or neglect report on facility premises for 12 months from the date of a report.

2. A licensee or staff member shall report the suspected or alleged child abuse by a staff member to the Department and to a local law enforcement agency as prescribed in A.R.S. § 13-3620. A licensee or staff member shall also send written documentation to the Department and to any law enforcement agency previously notified within three days of the initial report, and maintain written documentation of a child abuse report on facility premises for 12 months from the date of a report.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-308. Insurance Requirements

A. A licensee shall secure and maintain the following minimum insurance coverage:

1. General facility liability insurance of at least $300,000; and

2. Motor vehicle insurance coverage required by R9-5-517(A)(2) for each motor vehicle used by a licensee to transport enrolled children.

B. A licensee shall provide a copy of each certificate of insurance to the Department before issuance of a license and at any time that the licensee's insurance coverage expires, is canceled, or changes.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-309. Sanitation, Gas, and Fire Inspections

A. A licensee shall obtain the following health and safety inspections of a facility, according to the following schedules, and make any repairs or corrections stated on an inspection report before a license is issued by the Department:

1. Sanitation inspections, conducted a minimum of every 12 months by a local health department;

2. Gas inspections, conducted a minimum of every 12 months by a plumber holding a plumbing business license issued by a local government; and

3. Fire inspections, conducted a minimum of every 36 months by a local fire department or the State Fire Marshal.

B. A licensee shall maintain current reports of sanitation, gas, and fire inspections and documentation of any repairs or corrections on facility premises.

Historical Note

Adopted effective October 17, 1997 (Supp. 97-4).

R9-5-310. Pesticides

A. A licensee shall make written pesticide information available to a parent, upon a parent's request, at least 48 hours before a pesticide application occurs on a facility's premises, containing:

1. The brand name, concentration, rate of application, and any use restrictions required by the label of the herbicide or specific pesticide;

2. The date and time of the pesticide application;

3. The pesticide label and the material safety data sheet; and

4. The name and telephone number of the pesticide business licensee and the name of the licensed applicator.

B. A licensee is exempt from the provisions in subsection (A), as prescribed by A.R.S. § 36-898(C).

Historical Note

New Section made by final rulemaking at 13 A.A.R. 3492, effective December 1, 2007 (Supp. 07-4).

ARTICLE 4. FACILITY STAFF

R9-5-401. Staff Qualifications

A licensee shall ensure that child care personnel meet the following qualifications for employment or volunteer service at a facility.

1. A facility director is 21 years of age or older and provides the licensee with written documentation of one of the following:

a. High school or high school equivalency diploma and six credit hours or more in early childhood, child development, or closely related field in an accredited college or university, or 60 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in the areas of early childhood, child development, or closely related field, and 24 months or more of child care experience;

b. N.A.C., C.D.A., C.C.P., or C.P.C. credential and at least 18 months of child care experience;

c. A minimum of 24 credit hours from an accredited college or university, including at least six credit hours of course work in the areas of early childhood, child development, or closely related field, and 18 months of child care experience;

d. Associate degree from an accredited college or university in the areas of early childhood, child development, or closely related field, and six months of child care experience; or

e. Bachelor degree from an accredited college or university in the areas of early childhood, child development, or closely related field, and three months of child care experience.

2. A teacher-caregiver is 18 years of age or older and provides the licensee with written documentation of one of the following:

a. High school or high school equivalency diploma and six months of child care experience;

b. N.A.C., C.D.A., C.C.P., or C.P.C. credential; or

c. Associate or bachelor degree from an accredited college or university in the areas of early childhood, child development, or closely related field.

3. An assistant teacher-caregiver is 16 years of age or older and provides the licensee with written documentation of one of the following:

a. Current and continuous enrollment in high school or a high school equivalency class,

b. High school or high school equivalency diploma,

c. Enrollment with a STRIVE program, or

d. Enrollment in vocational rehabilitation as defined in A.R.S. § 23-501(8).

4. A student-aide provides the licensee with written documentation of enrollment in:

a. A high school STRIVE program;

b. An educational, curriculum-based course in child development, parenting, or guidance counseling; or

c. A vocational education or occupational development program.

5. A volunteer is 16 years of age or older.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). R9-5-401(1)(a) has been corrected to reflect staff qualifications on file and as published in the 97-4 Code Supplement (04-4).

R9-5-402. Staff Records and Reports

A. A licensee shall maintain a file for each staff member containing:

1. The staff member's name, date of birth, home address, and telephone number;

2. Documents required by R9-5-401;

3. Name and telephone number of an individual or health care provider to be notified in case of emergency;

4. Documents required by R9-5-301(F);

5. The staff member's written statement attesting to current immunity against measles, rubella, diphtheria, and tetanus;

6. A copy of any current license or certification required by A.R.S. § 36-881 et seq. or these rules;

7. Written documentation from the Department verifying registration compliance with the Department according to A.R.S. § 36-883.02;

8. Written documentation of training provided by a licensee as required by R9-5-403;

9. The staff member's starting dates of employment or volunteer service;

10. The staff member's ending dates of employment or volunteer service, if applicable;

11. All written performance evaluations of the staff member conducted by the licensee as required by R9-5-301(K); and

12. At least two personal and two professional references, including at least one written personal reference and at least one written professional reference from a previous employer, and documentation of the licensee's good faith effort to contact each reference.

B. A licensee shall ensure that a staff member's information, required by subsections (A)(1) through (12), is maintained in a single location on facility premises. If a licensee is a school governing board, a charter school, or a person operating multiple child care facilities, the licensee shall maintain the information required by subsections (A)(1) through (10) on facility premises, but may maintain the information required by subsections (A)(11) and (12) in a single, central administrative office located in the same city, town, or school attendance area as the facility.

C. A licensee shall ensure the records and reports required by this rule are maintained throughout a staff member's period of employment or volunteer service and for 12 months from a staff member's last date of employment or volunteer service.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-403. Training Requirements

A. A licensee shall provide, and each staff member who provides child care services to children, shall complete within 10 days of the starting date of employment or volunteer service, training for new staff members that includes all of the following:

1. Facility philosophy and goals;

2. Names, ages, and needs of children to be assigned to a staff member;

3. Health needs, nutritional requirements, and information about adaptive devices of children for whom a staff member will provide child care services;

4. Lesson plans;

5. Child guidance and methods of discipline;

6. Hand washing techniques;

7. Diapering techniques and toileting, if assigned to diaper changing duties;

8. Food preparation, service, sanitation, and storage, if assigned to food preparation;

9. Infant formula preparation, if assigned to formula preparation;

10. Recognition of signs of illness and infestation;

11. Child abuse or neglect detection, prevention, and reporting;

12. Accident and emergency procedures;

13. Staff responsibilities as required by A.R.S. § 36-881 et seq. and these rules;

14. Sun safety policies and procedures; and

15. Safety on outdoor activity areas.

B. A licensee shall ensure that, every 12 months from a staff member's date of employment, the staff member completes 12 or more actual hours of training in one or more of the following areas:

1. Accident and emergency procedures, including CPR and first aid for infants and children;

2. Recognition of signs of illness and infestation;

3. Child growth and development;

4. Child abuse or neglect detection, reporting, and prevention;

5. Child guidance and methods of discipline;

6. Nutrition and developmentally appropriate eating habits;

7. Availability of community services and resources, including those available to children with special needs;

8. Parent involvement and communication with parents;

9. Program administration, planning, and development;

10. Environment of child care activity areas;

11. Sun safety policies and procedures; and

12. Safety on outdoor activity areas.

C. A licensee shall ensure that documentation of a staff member's completion of training required by subsection (A) is signed by the facility director and dated.

D. A licensee shall ensure that a staff member submits to the licensee documentation of training received as required by subsection (B) to the licensee as the training is completed.

E. A licensee shall ensure that a staff member required by R9-5-301(H) meets all of the following:

1. The staff member obtains first aid training specific to infants and children,

2. The staff member obtains CPR training specific to infants and children which includes a demonstration of the staff member's ability to perform CPR,

3. The staff member maintains current training in first aid and CPR, and

4. The staff member provides the licensee with a copy of the front and back of the current card issued by the agency or instructor as proof of completion of the requirements of this subsection.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (A) effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-404. Staff-to-Children Ratios

A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children:

B. A licensee shall:

1. Ensure that an enrolled child is placed in an age-appropriate or developmentally appropriate group;

2. Determine and maintain the required staff-to-children ratio for each group of enrolled children based on the age of the youngest child in the group;

3. Allow a volunteer to be counted as staff in staff-to-children ratios; and

4. Not allow a student-aide to be counted as staff in staff-to-children ratios.

C. A licensee shall ensure that:

1. At least two staff members are on facility premises when six or more children of any age group are present in a facility;

2. At least one staff member who meets the qualifications of a teacher-caregiver is present when an enrolled child is in a facility;

3. When five or fewer enrolled children are present in a facility, and one staff member is present in a facility, an additional staff member is available by telephone or other equally expeditious means and able to reach the facility within 15 minutes after notification; and

4. When six or more enrolled children are present in a facility, an infant is not placed for supervision with children who are not infants.

D. A licensee may allow a staff member to perform duties other than child care if the duties are not undertaken simultaneously with the supervision of children in the staff member's charge.

E. In addition to maintaining the required staff-to-children ratios, a licensee shall ensure that staff members are present on facility premises to perform facility administration, food preparation, food service, and maintenance responsibilities. Facility maintenance shall not be dependent on the work of enrolled children.

F. When six or more enrolled children are participating in a field trip, a licensee shall ensure that a teacher-caregiver and at least one additional staff member are present on the field trip.

G. If a licensee conducts swimming activities at a swimming pool that has a lifeguard on the premises who has current lifesaving certification from the American Red Cross, the licensee shall maintain staff-to-children ratios required by subsection (A).

H. If a licensee conducts swimming activities at a swimming pool that does not have a lifeguard on the premises who has current lifesaving certification from the American Red Cross, the licensee shall maintain staff-to-children ratios stated in subsection (A) and have at least one additional staff member present who:

1. Has current lifesaving certification from the American Red Cross; and

2. Is in the pool or observing pool side while enrolled children are at the pool.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 1086, effective May 5, 2007 (Supp. 07-1).

ARTICLE 5. FACILITY PROGRAM AND EQUIPMENT

R9-5-501. General Child Care Program and Equipment Standards

A. A licensee shall ensure that:

1. The health, safety, or welfare of an enrolled child is not endangered;

2. All designated exits, corridors, and passageways that provide escape from the building are unobstructed and unlocked during hours of operation;

3. Combustible material such as paper, boxes, or rags is not permitted to accumulate inside or outside the facility premises;

4. Drinking water is provided sufficient for the needs of and accessible to each enrolled child in both indoor and outdoor activity areas;

5. Activity areas used by children are decorated with age-appropriate articles such as mirrors, bulletin boards, pictures, and posters;

6. Age-appropriate toys, materials, and equipment are provided to enable each child to participate in an activity.

a. Toys, materials, and equipment are maintained in a clean condition.

b. Storage space is provided in the facility for indoor and outdoor toys, materials, and equipment in areas accessible to enrolled children;

7. Clean clothing is available to a child when a child needs a change of clothing;

8. If a staff member places a child in a high chair when feeding a child:

a. The high chair is equipped with a safety strap;

b. The high chair is constructed to prevent toppling;

c. The tray or feeding surface of the high chair is smooth and free of cracks; and

d. The staff member:

i. Fastens the safety strap while a child is in the high chair; and

ii. Sanitizes the tray or feeding surface before each child's use;

9. The facility conforms to the standards prescribed in R9-5-511 and the following for a child who will be present at the facility during evening and nighttime hours:

a. Permit a mat only when used on top of a cot;

b. Before bathing a child at a facility, obtain written consent and bathing instructions from a parent and follow the instructions while bathing the child;

c. Require that a staff member clean and sanitize a bathtub or shower stall after bathing each child;

d. Require that a staff member remain awake while supervising a sleeping child; and

e. Prohibit operation of a television set in a room where a child is sleeping.

10. The facility conforms to the standards prescribed in R9-5-511 and the following for naptime:

a. A child is not permitted to lie in direct contact with the floor while napping;

b. A television set is not operated in a room in which a child is napping;

c. Naptime accommodations are available for an enrolled school-age child if requested by the child or a parent;

d. Light is provided in naptime areas for observing a sleeping child; and

e. An attic or loft is not used for naptime;

11. An activity area is equipped with at least one cot or mat, a sheet, and a blanket, where a child can be separated from other children for quiet time;

12. Written permission is obtained from a child's parent before allowing the child to participate in a swimming activity;

13. Outdoor activities are scheduled to allow not less than 75 square feet for each child occupying the facility's outdoor activity area at any time;

14. The facility's buildings, premises, and indoor and outdoor play equipment are maintained in good repair and free from hazards;

15. The facility conforms to the following heating and cooling standards:

a. Temperatures are maintained between 68° F and 82° F in each room used by children;

b. Heating and cooling equipment is inaccessible to children;

c. Fans are mounted and inaccessible to children;

d. An unvented or open-flame space heater or portable heater is not used on the facility premises; and

e. A gas valve on an unused gas outlet is removed and capped where it emerges from the wall or floor;

16. The facility conforms to the following lighting and electrical standards:

a. Except when a child is napping or sleeping, each room used by enrolled children is maintained at a minimum of 30 foot candles of illumination;

b. Each unused electrical outlet is covered with a safety plug cover or insert;

c. Crockpots and hot plates are used only in a kitchen and are inaccessible to children; and

d. Electrical extension cords are not used;

17. The facility conforms to the following toilet room standards:

a. Plumbing fixtures are maintained in a clean and working condition;

b. Chipped or cracked sinks and toilets are replaced or repaired;

c. Toilet rooms are ventilated to the outside of the building, either by a screened window open to the outside air or by an exhaust fan and duct system that is operated when the toilet room is in use;

d. A toilet room with a door that opens to the exterior of a building is equipped with a self-closing device that keeps the door closed except when an individual is entering or exiting; and

e. A toilet room door does not exit into a kitchen;

18. Storage space is provided in the facility for cots, mats, sheets, and blankets accessible to an area used for naptime or sleeping and separate from food service and preparation, toilet rooms, and laundry rooms;

19. Each child's toothbrush, comb, washcloth, cloth towel, and clothing is maintained in a clean condition and stored in an identified space separate from those of other children;

20. All materials and chemicals labeled as a toxic or flammable substance are stored in an area inaccessible to children that is locked with a key or combination lock and is separate from food storage areas;

21. All substances that may be a hazard to a child and have a child warning label are inaccessible to children and stored separately from food storage areas; and

22. Garden tools, lawn mowers, ladders, and other facility equipment presenting a hazard to children are stored in an area inaccessible to children.

B. A licensee shall ensure that a staff member:

1. Supervises enrolled children at all times;

2. Reports any suspected or alleged child abuse or neglect according to procedures prescribed in R9-5-307;

3. Does not smoke or use tobacco on facility premises except in designated areas separated from the children;

4. Cleans each enrolled child before and after each meal and changes a child's clothing when wet or soiled;

5. Prepares, and posts in each activity area, a current schedule of children's age-appropriate activities, including the times the following are provided:

a. Meals and snacks;

b. Naps;

c. Indoor and outdoor activities;

d. Quiet and active activities;

e. Teacher-directed activities;

f. Self-directed activities;

g. Activities for individuals, groups of five or fewer children, and groups of six or more children; and

h. Activities that develop small and large muscles;

6. Prepares and posts a dated lesson plan in each activity area for each calendar week which is maintained on facility premises for 12 months from the lesson plan date and provides opportunities for each child to:

a. Gain a positive self-concept;

b. Develop and practice social skills;

c. Think, reason, question, and experiment;

d. Acquire language skills;

e. Develop physical coordination skills;

f. Develop habits that meet health, safety, and nutritional needs;

g. Express creativity;

h. Learn to respect cultural diversity of children and staff;

i. Learn self-help skills; and

j. Develop a sense of responsibility and independence;

7. Does the following when a parent permits or asks a staff member to use external personal products for a child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, and baby diapering preparations:

a. Obtains the child's personal products from the parent or, if the licensee provides the personal products for use by the child, obtains written approval for use of the products from the parent;

b. Labels the personal products with the child's first and last name; and

c. Keeps the personal products inaccessible to children;

8. Places a child's wet or soiled laundry in a plastic bag labeled with the child's name, stores the laundry in a container covered with a tight fitting lid, and sends the laundry home when the facility releases the child to the child's parent; and

9. Monitors a child for overheating or overexposure to the sun. If a child exhibits signs of overheating or overexposure to the sun, a staff member who has the first aid training required by R9-5-403(E) shall evaluate and treat the child.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-502. Supplemental Standards for Infants

A. In addition to complying with all child care standards, a licensee providing child care services for infants shall:

1. Separate infants from children older than 12 months of age. Within 24 months from the effective date of these rules, a facility shall provide a wall enclosed room that provides exits required by R9-5-602(A) to separate infants from children older than 12 months of age;

2. Post a list in each infant room stating each infant's name and assigned staff member;

3. Provide active and quiet activities;

4. Provide indoor and outdoor activities;

5. Permit an infant to maintain an established pattern of sleeping and waking;

6. Provide an outdoor activity area that is scheduled for use by infants when children older than infants are not present;

7. Provide space, materials, and equipment in an infant room that includes the following:

a. An area with nonabrasive carpeting for sitting, crawling, and playing;

b. Toys, materials, and equipment in a quantity sufficient to meet the needs of the infants in attendance that include:

i. Toys for stacking, pulling, and grasping;

ii. Soft toys;

iii. Books;

iv. Mobiles;

v. Unbreakable mirrors; and

vi. Outdoor play equipment; and

c. At least one adult-size chair for staff members' use when holding or feeding an infant;

8. Provide a crib for each infant that:

a. Has bars or openings spaced no more than 2-3/8 inches apart and a crib mattress measured to fit not more than 1/2 inch from the crib side;

b. Has a commercially waterproofed mattress; and

c. Is furnished with clean, sanitized, crib-size bedding, including a fitted sheet and top sheet or a blanket.

9. Prohibit the use of stacked cribs; and

10. Arrange the cribs to maintain a minimum spacing between cribs that is not less than two feet on any crib side that has bars or other openings, except when:

a. A crib side with bars is next to a wall; or

b. A crib end does not have bars and the cribs are placed end to end.

B. A licensee providing child care services for infants shall not:

1. Allow an infant room to be used as a passageway to another area of the facility;

2. Permit an infant who is awake to remain for more than 30 consecutive minutes in a crib, playpen, swing, high chair, infant seat, or other equipment that confines movement; or

3. Permit a child to use a walker, except a child with special needs for whom a walker is prescribed by a health care provider.

C. A licensee shall ensure that:

1. A staff member assigned to infants in an infant room:

a. Plays and talks with each infant;

b. Holds and rocks each infant;

c. Responds immediately to each infant's distress signals;

d. Keeps a dated, daily, written record of each infant's activities, food consumption, and diaper changes, and maintains the record on facility premises for three months from the record date. A staff member shall provide a copy of this record to the infant's parent upon request;

e. Removes soft pillows and toys from a crib when an infant is sleeping;

f. Cleans and sanitizes each crib and mattress used by an infant when soiled;

g. Changes each crib sheet and blanket before use by another child, when soiled, or at least every 24 hours; and

h. Cleans and sanitizes all sheets and blankets before use by another child.

2. A staff member assigned to an infant in an infant room does not:

a. Place an infant directly on a waterproof mattress cover;

b. Restrain an infant in a crib or other restrictive equipment; or

c. Place an infant in a crib or other equipment that confines movement for disciplinary reasons.

3. Before feeding an infant, a staff member:

a. Obtains dated, written instructions from a parent or health care provider regarding the method of feeding and types of foods to be prepared or fed to an infant at the facility;

b. Updates the written instructions as foods or methods are added or changed;

c. Posts the current written instructions in the kitchen and infant room and maintains the instructions on facility premises for three months from the date of the instructions; and

d. Follows the current written instructions of a parent when feeding the infant.

4. When preparing, using, or caring for an infant's feeding bottles, a staff member:

a. Labels each bottle received from the parent with the child's first and last name;

b. Ensures that a bottle is not:

i. Heated in a microwave oven,

ii. Propped for an infant feeding, or

iii. Permitted in an infant's crib unless the written instructions required by subsection (C)(3) state otherwise;

c. Empties and rinses bottles previously used by an infant; and

d. Cleans and sanitizes using heat only, a bottle, bottle cover, and nipple before reuse.

5. When feeding an infant, a staff member:

a. Provides an infant with food for growth and development that includes:

i. Formula provided by a parent or the licensee that is prepared and stored in a sanitary manner at the facility, following written instructions required by subsection (C)(3);

ii. Cereal as requested by a parent or health care provider. A staff member shall not mix cereal with formula and feed it to an infant from a bottle or infant feeder unless the written instructions required by subsection (C)(3) state otherwise; and

iii. Solid foods as requested by a parent. A staff member shall feed solid food to an infant by spoon from an individual container. A separate container and spoon shall be used for each infant;

b. Holds and feeds an infant under 6 months of age and an infant older than 6 months of age who cannot hold a bottle for feeding; and

c. If an infant is no longer being held for feeding, seats the infant in a high chair or at a table with a chair that allows the child to reach the food while sitting.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-503. Standards for Diaper Changing

A. A licensee shall provide a diaper changing area in each activity area as required in R9-5-602(C) that consists of:

1. A nonabsorbent, sanitizable diaper changing surface that is:

a. Seamless and smooth; and

b. Kept clear of items not required for diaper changing;

2. A hand washing sink next to the diaper changing surface for staff use when changing diapers and for washing a child during or after diapering, that provides:

a. Running water between 86° F and 110° F,

b. Antibacterial soap from a dispenser, and

c. Single-use paper hand towels from a dispenser; and

3. At least two waterproof, sanitizable containers with waterproof liners and tight fitting lids. Separate containers shall be used for soiled diapers and soiled clothing. A licensee shall ensure that:

a. The containers are inaccessible to children;

b. A staff member:

i. Empties clothing soiled with feces into a flush toilet without rinsing;

ii. Places clothing soiled by feces or urine in a plastic bag labeled with a child's name, stores the clothing in a container used for this purpose, and sends the clothing home with the child's parent; and

iii. Removes disposable diapers and disposable training pants from a diaper changing area as needed or at least twice every 24 hours to a waste receptacle outside the facility building.

B. A licensee shall ensure that a staff member does not:

1. Permit a bottle, formula, food, eating utensil, or food preparation in a diaper changing area;

2. Draw water for human consumption from a diaper changing area sink; or

3. If responsible for food preparation, change diapers until food preparation duties have been completed for the day.

C. A licensee shall ensure that a written diaper changing procedure is posted and implemented in each diaper changing area. The procedure shall state that a child's diaper shall be changed as soon as it is soiled, and that a staff member, when diapering, shall:

1. Use a separate wash cloth and towel only once for each child;

2. Wash and dry a child using the child's individual personal products labeled with the child's first and last name;

3. Use single-use disposable latex gloves;

4. Wash his or her own hands with antibacterial soap and running water between 86° F and 110° F before and after each diaper change;

5. Wash each child's hands with antibacterial soap and running water between 86° F and 110° F after each diaper change;

6. Clean, sanitize, and dry the diaper changing surface following each diaper change; and

7. Use single-use paper towels from a dispenser to dry the diaper changing surface or the hands of a child or staff member.

D. A licensee shall ensure that a staff member:

1. Keeps a dated log for each day in each diaper changing area, listing each time the child's diaper has been changed; and

2. Maintains the diaper changing log on facility premises for three months from the date of the log.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-504. Supplemental Standards for 1-year-old and 2-year-old Children

In addition to complying with all child care standards, a licensee providing child care services for 1-year-old and 2-year-old children shall:

1. Ensure that a staff member does not permit a 1-year-old or 2-year-old child who is awake to spend more than 30 minutes of consecutive time in a crib, high chair, playpen, or other place of confinement;

2. Consult with each child's parent to develop a mutual plan for individual toilet training of the child and ensure that a staff member does not force toilet training on any child;

3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment in a quantity sufficient to meet the needs of the children in attendance.

a. Toys, materials, and equipment include:

i. Books, including cloth books;

ii. Rubber or soft plastic balls;

iii. Puzzles and toys to enhance manipulative skills;

iv. Blocks;

v. Washable soft toys, stuffed animals, and dolls;

vi. Musical instruments; and

vii. Indoor and outdoor equipment to enhance large muscle development;

b. Toys, materials, and equipment are:

i. Too large for a child to swallow; and

ii. Free of sharp edges and points;

4. Ensure that:

a. If finger food is served, the food is of a size and texture that does not present a choking hazard;

b A staff member serves food to a child in a high chair or at a table with a chair that allows the child to reach the food while sitting; and

c. If a child is fed with a bottle, a staff member complies with the requirements set forth in R9-5-502(C)(4).

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-505. Supplemental Standards for 3-year-old, 4-year-old, and 5-year-old Children

In addition to complying with all child care standards, a licensee providing child care services for 3-year-old, 4-year-old, and 5-year-old children shall provide a supply of age-appropriate toys, materials, and equipment in each activity area in a quantity sufficient to meet the needs of the children in attendance. Toys, materials, and equipment shall include:

1. Art supplies,

2. Blocks,

3. Books and posters,

4. Toys and dress-up clothes,

5. Indoor and outdoor equipment to enhance large muscle development,

6. Puzzles and toys to enhance manipulative and categorization skills,

7. Science materials, and

8. Musical instruments.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (F) effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-506. Supplemental Standards for School-age Children

A. In addition to complying with all child care standards, a licensee providing child care services for school-age children shall:

1. Unless a child has permission from a parent for self-release from a facility as prescribed in R9-5-306(A)(4), require that a staff member accompany and supervise a child in a school-age program while en route to and from:

a. The school attended by the child; or

b. The bus stop used by the child. A staff member shall remain with the child at the bus stop until the child boards the bus; and

2. Require a staff member to supervise a school-age child while en route to and from a bathroom and allow the child privacy while in the bathroom. If a child remains in the bathroom for more than three minutes, the supervising staff member shall check on the child to ensure the child's safety.

B. A licensee shall separate an indoor activity area for school-age children from an indoor activity area provided for infants or 1-year-old children.

C. A licensee shall provide age-appropriate toys, materials, and equipment including:

1. Arts and crafts,

2. Games,

3. Puzzles and toys to enhance manipulative skills,

4. Books,

5. Science materials,

6. Sports equipment, and

7. Outdoor play equipment.

D. A licensee shall provide school-age children with a quiet study area.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-507. Supplemental Standards for Children with Special Needs

A. In addition to complying with all child care standards, a licensee providing child care services for a child with special needs shall:

1. Upon enrollment of a child with special needs, obtain from the child's parent a copy of an existing individualized plan for the child that can be reviewed, adopted, and followed by the licensee when providing child care services to the child. An individualized plan shall include the following as needed for the child:

a. Medication schedule;

b. Nutrition and feeding instructions;

c. Qualifications required of a staff member who feeds the child;

d. Medical equipment or adaptive devices;

e. Medical emergency instructions;

f. Toileting and personal hygiene instructions;

g. Specific child care services to be provided to the child at the facility;

h. Information from health care providers, including the frequency and length of any prescribed medical treatment or therapy;

i. Training required of a staff member to care for the child's special needs; and

j. Participation in fire evacuation drills.

2. If a child with special needs does not have an existing individualized plan, obtain from the child's parent written instructions for providing services to the child until a written individualized plan containing the information in subsection (A)(1) is developed by a team consisting of staff members, the child's parent, and health care providers. An individualized plan shall be completed within 30 days of the child's enrollment;

3. Maintain a child's current individualized plan on facility premises and provide a copy to the child's parent; and

4. Ensure the individualized plan is updated at least every 12 months from the date of the initial plan or as changes occur.

B. If a child with special needs who is 18 months of age or older and does not walk is placed in an infant group, a licensee may move the child to a 1-year-old group after a parent and the licensee determine that the proposed move is developmentally appropriate.

C. A licensee shall ensure that a staff member does not prepare formula for tube-feeding a child. All formula for tube-feeding shall be commercially prepackaged in a ready-to-use state or brought by a parent to the facility in an unbreakable container. The feeding and clearing of a child's feeding apparatus shall be performed by a staff member instructed by a parent or individual designated by a parent.

D. A licensee shall provide a child with special needs with:

1. Developmentally appropriate toys, materials, and equipment; and

2. Assistance from staff members to enable the child to participate in the activities of the facility.

E. In addition to complying with the transportation requirements in R9-5-517, a licensee transporting a child with special needs in a wheelchair in a facility's motor vehicle shall ensure that:

1. The child's wheelchair is secured in the motor vehicle using a minimum of four anchorages attached to the motor vehicle floor, and four securement devices, such as straps or webbing that have buckles and fasteners, that attach the wheelchair to the anchorages;

2. The child is secured in the wheelchair by means of a wheelchair restraint that is a combination of pelvic and upper body belts intended to secure a passenger in a wheelchair; and

3. The child's wheelchair is placed in a position in the motor vehicle that does not prevent access to the child in the wheelchair or passage to the front and rear in the motor vehicle.

F. A licensee providing child care services for a child who uses a wheelchair or is not able to walk shall locate the child on the ground floor of the facility.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-508. General Nutrition Standards

A. A licensee shall make the following meals available:

1. Breakfast to an enrolled child who is present at a facility before 8:00 a.m.,

2. Lunch to an enrolled child who is present at a facility between 11:00 a.m. and 1:00 p.m., and

3. Dinner to an enrolled child who is present between 5:00 p.m. and 7:00 p.m. and who will remain at the facility after 7:00 p.m.

B. A licensee shall serve the following meals or snacks to an enrolled child present at a facility for the following periods of time:

1. If an enrolled child is present two to four hours, one or more snacks. If an enrolled child is present during any of the meal times stated in subsection (A), a meal that meets the meal pattern requirements in subsection (C);

2. If an enrolled child is present four to eight hours, one or more snacks and a meal;

3. If an enrolled child is present nine or more hours, two snacks and one or more meals; and

4. Before bedtime, one snack.

C. If a licensee provides food, a licensee shall prepare and serve food according to the meal pattern requirements found in Table 1, "Table of Meal Pattern Requirements for Children."

D. If a parent provides food for the parent's child, the licensee shall provide milk or juice to the child if not provided by the parent.

E. If a licensee plans and serves meals, the meals shall:

1. Meet the age-appropriate nutritional requirements of a child; and

2. For each calendar week, provide a variety of foods within each food group from the meal pattern requirements.

F. A licensee shall maintain at least one day's supply of food needed to serve meals and snacks as required by subsection (C) to each child attending the facility;

G. In addition to the required daily servings of food stated in subsection (C), a licensee shall make second servings of food available to each child at meals and at snack time.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-509. General Food Service and Food Handling Standards

A. A licensee that prepares or serves food to enrolled children on facility premises shall comply with 9 A.A.C. 8, Article 1 and the local ordinances and requirements of the local health department where the facility is located. If a licensee contracts with a food establishment to prepare and deliver food to the facility, the licensee shall obtain and provide the Department with a copy of the food establishment's permit, issued under 9 A.A.C. 8, Article 1, at the following times:

1. Before the Department issues a license to the facility,

2. Upon contracting with the food establishment, and

3. Every 12 months after the date the contract is entered into while the contract is in effect.

B. A licensee shall ensure that:

1. Enrolled children, except infants and special needs children who cannot wash their own hands, wash their hands with soap and running water before handling or eating food;

2. A staff member:

a. Washes with a washcloth the hands of an infant or a special needs child who cannot wash the child's own hands before the infant or special needs child handles or eats food, and

b. Uses each washcloth on only one child and only one time before it is laundered or discarded;

3. An enrolled child is not permitted to eat food directly off the floor, carpet, or ground or with utensils placed directly on the floor, carpet, or ground;

4. A staff member encourages, but never forces, enrolled children to eat food;

5. A staff member assists each enrolled child who needs assistance with eating;

6. A staff member teaches self-feeding skills and habits of good nutrition to each child as necessary;

7. Fresh milk is served directly from the original, commercially filled container, and unused portions of individual servings are not returned to the original container;

8. Reconstituted dry milk is not served to meet the fluid milk requirement;

9. Juice served to children for a meal or snack is full-strength 100% vegetable or 100% fruit juice from an original, commercially filled container or reconstituted from a concentrate according to manufacturer instructions;

10. Each staff member is informed of a modified diet prescribed for an enrolled child by the child's parent or health care provider, and the modified diet is posted in the kitchen and in the child's activity area;

11. The food served to an enrolled child is consistent with a modified diet prescribed for the child by the child's parent or health care provider;

12. An enrolled child is not permitted in the kitchen during food preparation or food service except as part of an activity;

13. Enrolled children do not use the kitchen or a food storage area as a passageway; and

14. A director or staff member:

a. Prepares a weekly menu at least one week in advance,

b. Includes on the menu the foods to be served on each day,

c. Dates each menu,

d. Posts each menu at least one day before the first meal on the menu will be served, and

e. Writes food substitutions on a posted menu no later than the morning of the day of meal service.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section 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).

R9-5-510. Discipline and Guidance

A. A licensee shall ensure that a staff member:

1. Defines and maintains consistent, reasonable rules, and limitations for a child's behavior and teaches, models, and encourages orderly conduct, personal control, and age-appropriate behavior;

2. Explains to a child why a particular behavior is not allowed, suggests an alternative, and assists the child to become engaged in an alternative activity; and

3. After determining that a child's behavior may result in harm to self or others, holds the child until the child regains control or composure.

B. A licensee shall ensure that a staff member does not use or permit:

1. A method of discipline that could cause harm to the health, safety, or welfare of a child;

2. Corporal punishment;

3. Discipline associated with:

a. Eating, napping, sleeping, or toileting;

b. Medication; or

c. Mechanical restraint; or

4. Discipline administered to any child by another child.

C. A licensee may allow a staff member to separate a child from other children for unacceptable age-appropriate behavior.

1. The separation period shall be for no longer than three minutes after the child has regained control or composure.

2. A staff member shall not allow a child to be separated for longer than 10 minutes without the staff member interacting with the child.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-511. Sleeping Materials and Equipment

A. A licensee shall provide each child who naps or sleeps at the facility with a separate cot, mat, or a crib that meets the requirements of R9-5-502(A)(8) and ensure that:

1. A cot, mat, or crib used by a child accommodates the child's height and weight;

2. A staff member covers each cot, crib mattress, or mat with a clean sheet that is laundered when soiled, or at least once every seven days and before use by a different child;

3. A clean blanket or sheet is available for each child;

4. A rug, carpet, blanket, or towel is not used as a mat; and

5. Each cot, mat, or crib is maintained in a clean and repaired condition.

B. A licensee shall not use bunk beds or waterbed mattresses.

C. A licensee shall provide an unobstructed passageway at least 18 inches wide between each row of cots, or mats to allow a staff member access to each child.

D. A licensee shall ensure that cribs, cots, and mats do not obstruct access to designated exits.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-512. Cleaning and Sanitation

A. A licensee shall maintain facility premises free of insects and vermin.

B. A licensee shall maintain facility premises and furnishings in a clean condition and free from odor.

1. Floor coverings, such as carpeting, tile, linoleum, or wood shall be clean, washable, and free from cracks, chips, gaps, rips, dampness, or odors.

2. A licensee shall ensure that toilet bowls, lavatory fixtures, and floors in toilet rooms and kitchens are cleaned and sanitized as often as necessary to maintain them in a clean and sanitized condition or at least once every 24 hours.

C. If laundry belonging to a facility is done on facility premises, a licensee shall:

1. Not use a kitchen or food storage area for sorting, handling, washing, or drying laundry;

2. Locate the laundry equipment in an area that is separate from licensed activity areas and inaccessible to enrolled children;

3. Not permit a child to be in a laundry room or use a laundry area as a passageway for enrolled children; and

4. Ensure that laundry soiled by vomitus, urine, feces, blood, or other body fluid is stored, cleaned, and sanitized separately from other laundry.

D. A licensee shall ensure that:

1. Each toilet room in a facility contains, within easy reach of children:

a. Mounted toilet tissue;

b. A sink with running water;

c. Antibacterial soap contained in a dispenser; and

d. Disposable, single-use paper towels in a mounted dispenser, or a mechanical air hand dryer;

2. Staff members wash their hands with antibacterial soap and running water after toileting;

3. A child's hands are washed with antibacterial soap and running water after toileting;

4. Food waste is stored in a container with a tight fitting lid.

a. The container is clean and lined with a plastic bag.

b. Food waste and other refuse is removed from the facility building at least once every 24 hours or more often as necessary to maintain a clean condition and avoid odors; and

5. A staff member does not draw water for human consumption from a toilet room hand washing sink.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (P) effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-513. Pets and Animals

A. A licensee shall maintain written documentation of current immunization against rabies for each dog or cat owned by a licensee or staff member that is present on facility premises.

B. A licensee shall ensure that child care personnel:

1. Keep all pet and animal habitats clean;

2. Prohibit reptiles such as turtles, iguanas, snakes, and lizards in the facility;

3. Prohibit birds in food preparation and eating areas;

4. Control pets and animals to maintain the cleanliness of the facility and prevent the pets and animals from endangering a child, staff member, or other individual on the premises; and

5. Keep birds and animals such as horses, sheep, cattle, and poultry in an enclosure that is not accessible to enrolled children except as part of an activity.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-514. Accident and Emergency Procedures

A. A licensee shall maintain a first aid kit accessible to staff members but inaccessible to children. The kit shall contain first aid supplies in a quantity sufficient to meet the needs of the enrolled children and include the following:

1. Adhesive band-aids of assorted sizes,

2. Antiseptic solution or sealed antiseptic wipes,

3. Sterile bandages,

4. Sterile gauze pads,

5. A pair of scissors,

6. Adhesive tape,

7. Disposable latex gloves, and

8. Reclosable plastic bags of at least one-gallon size.

B. A licensee shall prepare a written accident, evacuation, and emergency plan and maintain the plan on facility premises in a location accessible to staff members and update the plan every 12 months from the date of initial preparation or when any information changes. The plan shall contain:

1. The location of the first aid kit;

2. The names of staff members who have the first aid training required by R9-5-403(E);

3. The names of staff members who have the CPR training required by R9-5-403(E);

4. The directions for verbal notification of a parent by telephone or other equally expeditious means within 30 minutes of an accident or emergency, and directions for written notification to the parent within 24 hours; and

5. The facility's street address and the emergency telephone numbers for the local fire department, police department, ambulance service, and poison control center.

C. A licensee shall post, near an activity area or a room's designated exit, a building evacuation plan that details the designated exits from the activity area or room and the facility.

D. A licensee shall maintain a communication system that consists of:

1. A direct-access, in-and-out, operating telephone service on the facility; or

2. A two-way voice communication system that connects the facility with an individual who has direct access to an in-and-out, operating telephone service.

E. A licensee shall post the accident, evacuation, and emergency plan required in subsection (B) in any facility activity area that does not have an operable telephone service or two-way voice communication system.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-515. Illness and Infestation

A. A licensee shall not permit a child to remain at the facility if a staff member determines that a child shows signs of illness or infestation.

B. If a child exhibits signs of illness or infestation at a facility, a licensee shall ensure that a staff member:

1. Immediately separates the child from other children,

2. Immediately notifies the child's parent by telephone or other expeditious means to arrange for the child's removal from the facility, and

3. Keeps a written record of notification on facility premises for three months from the date of notification.

C. A licensee shall ensure that a staff member who has signs of illness or infestation is excluded from a facility. A facility director shall not permit a staff member to return to a facility until free from signs of illness or infestation, or until the staff member provides written documentation by a health care provider that the individual may return to a facility.

D. If a staff member or enrolled child contracts a communicable disease or infestation as stated in A.A.C. R9-6-202(C), a licensee shall ensure that, within 24 hours of notice of the communicable disease or infestation, written notice is provided to each staff member, parent, and the local health department. A licensee shall ensure that:

1. A dated, written notice of the communicable disease or infestation is prepared and posted in the facility's entrance as required by R9-5-303;

2. A written record of the notification is maintained on facility premises for 12 months from the date of notification; and

3. A written record of the absences of staff members and children due to a communicable disease or infestation stated in A.A.C. R9-6-202(C) is prepared and maintained on facility premises for 12 months from the first date of absence.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-516. Medications

A. A licensee shall ensure that a written statement is prepared and maintained on facility premises that specifies whether prescription or nonprescription medications are administered to enrolled children. If prescription or nonprescription medications are administered, the written statement shall contain provisions explaining that:

1. A facility director, or a staff member designated in writing by the facility director, is responsible for the administration of all medications in the facility, including storing, supervising an enrolled child's ingestion of a medication, and recording all medications administered to an enrolled child. A facility director shall ensure that only one staff member in the facility at any given time is responsible for the administration of medications;

2. A facility director, or a staff member designated in writing by the facility director, shall not permit the administration of a medication to an enrolled child unless the facility receives written authorization signed by the enrolled child's parent or health care provider that includes the:

a. First and last name of the enrolled child;

b. Name of the medication;

c. Prescription number, if any;

d. Instructions for administration specifying the:

i. Dosage and route of administration;

ii. If indicated, starting and ending dates of the dosage period; and

iii. Times and frequency of administration;

e. Reason for the medication; and

f. Date of authorization; and

3. A staff member shall:

a. Administer a prescription medication provided by a parent only from a container dispensed by a pharmacy;

b. Administer a nonprescription medication provided by a parent for an enrolled child only from a container prepackaged and labeled for use by the manufacturer and labeled with the enrolled child's name; and

c. Not administer any medication that has been transferred from one container to another.

B. A licensee shall allow an enrolled child to receive an injection only after obtaining a written authorization from a physician. A licensee shall maintain the physician's written injection authorization on facility premises for 12 months from the date of the authorization.

C. A health care provider authorized by state law to give injections may give an injection to an enrolled child. In an emergency, an individual may give an injection to an enrolled child according to A.R.S. §§ 32-1421(A)(1) and 32-1631(2).

D. A licensee shall maintain a written record of all medications administered to an enrolled child.

1. The record shall contain:

a. The first and last name of the enrolled child;

b. The name and amount of medication administered and the prescription number, if any;

c. The date and time the medication was administered; and

d. The signature of the staff member who administered the medication to the enrolled child.

2. A licensee shall maintain the record on facility premises for 12 months from the date the medication is administered.

E. A licensee shall return all unused prescription and nonprescription medications to a parent when the medication prescription date has expired or the medication is no longer being administered to the enrolled child or dispose of the medication if unable to locate the enrolled child's parent after the child's disenrollment.

F. A licensee shall ensure that prescription and nonprescription medications are stored as follows:

1. An enrolled child's medication is kept in a locked, leakproof storage cabinet or container that is used only for storing enrolled children's medications and is located out of reach of children;

2. Medication for a staff member is kept in a locked, leakproof storage cabinet or container that is separate from the storage container for enrolled children's medications and is located out of reach of children; and

3. Medications requiring refrigeration are kept in a locked, leakproof container in a refrigerator.

G. A licensee shall ensure that a facility does not stock a supply of medications for administration to enrolled children, including:

1. Any prescription medication; or

2. A nonprescription medication such as aspirin, acetaminophen, ibuprofen, or cough syrup.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 6 A.A.R. 3476, effective August 17, 2000 (Supp. 00-3).

R9-5-517. Transportation

A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:

1. Ensure that the motor vehicle is registered by the Arizona Department of Transportation as required by A.R.S. § 28-2051 et seq.;

2. Ensure that the motor vehicle has current insurance coverage, as required by A.R.S. § 28-4131 et seq., and maintain documentation of the current motor vehicle insurance coverage on the facility premises and inside the motor vehicle;

3. Contact the Department no later than 24 hours after a motor vehicle accident that occurs while transporting an enrolled child;

4. Submit a written report to the Department within seven days after a motor vehicle accident that occurs while transporting an enrolled child;

5. Not permit an enrolled child to be transported in a truck bed, camper, or trailer attached to a motor vehicle;

6. Use a child passenger restraint system, as required by A.R.S. § 28-907, for each child who is younger than 5 years old;

7. Use an adjustable lap belt or an integrated lap and shoulder belt for each child who is five years old or older;

8. Ensure that a motor vehicle has:

a. A working mechanical heating system capable of maintaining a temperature throughout the motor vehicle of at least 60° F when outside air temperatures are below 60° F,

b. A working air-conditioning system capable of maintaining a temperature throughout the motor vehicle at or below 86° F when outside air temperatures are above 86° F,

c. A first aid kit that meets the requirements of R9-5-514(A),

d. Two towels or blankets, and

e. Sufficient drinking water to meet the needs of each enrolled child in the motor vehicle and sufficient cups or other drinking receptacles so that each individual in the motor vehicle can drink from a different cup or receptacle;

9. Ensure that the motor vehicle is maintained in a clean condition;

10. Ensure that the motor vehicle is maintained in a mechanically safe condition; and

11. Maintain the service and repair records of the motor vehicle as follows:

a. A person operating a single child care facility shall maintain the service and repair records for at least 12 months after the date of an inspection or repair in a single location on facility premises;

b. A public or private school that uses a school bus, as defined in A.R.S. § 28-101, shall maintain the service and repair records for the school bus as provided in A.A.C. R17-9-108(F); and

c. A school governing board, charter school, or person operating multiple child care facilities shall maintain the service and repair records for any motor vehicle other than a school bus for at least 12 months after the date of an inspection or repair in a single administrative office located in the same city, town, or school attendance area as the facility.

B. A licensee shall ensure that an individual who drives a motor vehicle used to transport an enrolled child:

1. Is 18 years of age or older;

2. Holds a valid driver's license issued by the Arizona Department of Motor Vehicles as prescribed by A.R.S. § 28-3151 et seq.;

3. Carries in the motor vehicle a list stating the name of each enrolled child being transported and a copy of each child's Emergency, Information, and Immunization Record card;

4. Requires that each door be locked before the motor vehicle is set in motion and keeps the doors locked while the motor vehicle is in motion;

5. Requires that each enrolled child remain seated and entirely inside the motor vehicle while the motor vehicle is in motion;

6. Requires that each enrolled child be secured in a seat belt before the motor vehicle is set in motion and while the motor vehicle is in motion;

7. Does not permit an enrolled child in the motor vehicle to open or close a door or window;

8. Sets the emergency parking brake and removes the ignition keys from the motor vehicle before exiting the motor vehicle;

9. Ensures that each enrolled child is loaded into or unloaded from the motor vehicle away from moving traffic at curbside or in a driveway, parking lot, or other location designated for this purpose; and

10. Does not use audio headphones or a telephone while the motor vehicle is in motion.

C. When transporting an enrolled school-age child in a motor vehicle, a licensee shall ensure that the staff-to-children ratios required in R9-5-404(A) are met. A motor vehicle driver may be counted in the staff-to-children ratio, when transporting an enrolled school-age child in a motor vehicle, if the motor vehicle driver meets the qualifications of a teacher-caregiver.

D. When transporting an enrolled child who is not school-age in a motor vehicle, a licensee shall ensure that the staff-to-children ratios required in R9-5-404(A) are met. A motor vehicle driver may be counted in the staff-to-children ratio, when transporting an enrolled child who is not school-age in a motor vehicle, only if four or fewer children are being transported and the motor vehicle driver meets the qualifications of a teacher-caregiver.

E. A licensee who is transporting an enrolled child in a commercial vehicle, as defined in A.R.S. § 28-1301, is exempt from the provisions in subsections (A)(7), (A)(8)(b), and (B)(6).

F. A licensee who is transporting an enrolled child in a school bus, as defined in A.R.S. § 28-101, is exempt from the provision in subsection (A)(8)(c) and shall comply with A.A.C. R17-9-110.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 1086, effective May 5, 2007 (Supp. 07-1).

R9-5-518. Field Trips

A. A licensee providing a field trip for a child shall:

1. Obtain written permission from a parent before a child participates in a field trip. A field trip permission slip shall include:

a. The date and purpose of the field trip;

b. The times of departure from and return to the facility; and

c. The name, street address, and telephone number, if any, of the field trip destination;

2. Prepare a written field trip plan that is maintained on facility premises and includes the following:

a. The name of each participating child, staff member, and other individuals on the field trip;

b. The times of departure from and return to the facility;

c. The license plate number of any motor vehicle used on the field trip; and

d. The name, street address, and telephone number, if any, of the field trip destination; and

3. Maintain the field trip permission forms and field trip plan on facility premises for three months from the date of a field trip.

B. A licensee shall ensure that a staff member taking enrolled children on a field trip carries the following on the trip:

1. A copy of the Emergency, Information, and Immunization Record card of each child participating in the field trip;

2. A list stating the name of each participating child. A staff member shall ensure that each child on the list is present at all times and place a checkmark next to the name of each child present at the following times:

a. At the beginning of the field trip or when boarding the motor vehicle,

b. Upon arrival and each hour while at the field trip destination,

c. When preparing to leave the field trip destination or when boarding the motor vehicle to return to the facility, and

d. When reentering the facility at the conclusion of the field trip; and

3. Water in an amount sufficient for each participating child during the field trip.

C. A licensee shall ensure that each child participating in a field trip is wearing in plain view a written identification stating the facility's name, address, and telephone number. A licensee shall also ensure that each child is wearing out of view a written identification stating the child's first and last names.

D. If a licensee uses a motor vehicle volunteered by a parent or other individual for a field trip, a licensee shall determine before the field trip begins that the motor vehicle is in compliance with R9-5-517(A)(1) and (2) and that the motor vehicle driver is in compliance with R9-5-517(B)(1) and (2).

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-519. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (F) effective July 7, 1988 (Supp. 88-3). Repealed effective October 17, 1997 (Supp. 97-4).

R9-5-520. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Repealed effective October 17, 1997 (Supp. 97-4).

R9-5-521. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended by adding subsection (C) effective July 7, 1988 (Supp. 88-3). Repealed effective October 17, 1997 (Supp. 97-4).

R9-5-522. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended paragraph (1), subparagraph (e) effective July 7, 1988 (Supp. 88-3). Repealed effective October 17, 1997 (Supp. 97-4).

Table 1. Meal Pattern Requirements for Children

Historical Note

Table 1 adopted effective October 17, 1997 (Supp. 97-4).

ARTICLE 6. PHYSICAL PLANT OF A FACILITY

R9-5-601. General Physical Plant Standards

A. A facility licensed or a licensed facility modified after the effective date of these rules shall conform to the following:

1. Local building and fire codes,

2. Local zoning requirements, and

3. The requirements of A.R.S. § 36-881 et seq. and these rules.

B. A facility licensed before the effective date of these rules shall meet the requirements of the local building and fire codes in existence on the date of licensing and any locally required amendments to the building and fire codes.

C. A facility shall not be located in a manufactured home as defined in A.R.S. § 41-2142(24) or a mobile home as defined in A.R.S. § 41-2142(26).

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-602. Supplemental Physical Plant Standards

In addition to complying with the general physical plant standards, a licensee shall comply with the following supplemental physical plant requirements:

A. When a facility is licensed to care for more than five infants in an infant room as described in R9-5-502(A)(1), each infant room shall have two or more designated exits from the room.

B. Excluding infants and children who use diapers from ratio calculations, toilets, and hand washing sinks accessible to children shall be provided in a facility as follows:

1. At least one flush toilet and one hand washing sink for 10 or fewer children,

2. At least two flush toilets and two hand washing sinks for 11 to 25 children, and

3. At least one flush toilet and one hand washing sink for each additional 20 children.

C. A licensee providing child care services for infants or children who require diapering shall provide a diaper changing area that meets the requirements in R9-5-503 in each infant room or activity area used by an infant or a child who wears diapers or disposable training pants. An applicant or licensee requiring a diaper changing area outside an infant room or activity area to allow privacy for diapering a child with special needs may submit a written request for an approval, and:

1. For an initial application, submit physical plant documents required by R9-5-607 that designate the location of the proposed diaper changing area. The Department shall review the proposed diaper changing area and provide written notice according to the procedures in R9-5-202;

2. For a licensed facility, submit a drawing of the proposed diaper changing area to the Department before installing the diaper changing area. Within 30 days from the date of the receipt of the request the Department shall send written notice to the licensee of approval or disapproval. If the proposed diaper changing area:

a. Complies with A.R.S. § 36-881 et seq. and these rules and provides privacy for the child with special needs, the Department shall approve the proposed diaper changing area; or

b. Does not comply with A.R.S. § 36-881 et seq. or these rules or provide privacy for the child with special needs, the Department shall provide the licensee with the requirements necessary for the Department to approve the requested change; and

3. A licensee shall not use a diaper changing area located outside of an activity area until the Department approves the diaper changing area.

D. A licensee shall ensure that a glass mirror, window, or other glass surface that is located within 36 inches of the floor is made of safety glass that has been manufactured, fabricated, or treated to prevent the glass from shattering or flying when struck or broken, or is shielded by a barrier to prevent impact by or injury to a child.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-603. Facility Square Footage Requirements

A. A licensee shall ensure that the facility meets the following square footage requirements for indoor activity areas based on the classifications of child care services:

1. At least 35 square feet of indoor activity space for each infant and 1-year-old child;

2. At least 25 square feet of indoor activity space for each child who is not an infant or 1-year-old child; and

3. When 1-year-old children are grouped together with children older than 1-year-old children in the same activity area, at least 35 square feet of indoor activity space for each child.

B. When computing indoor activity space for subsections (A)(1) through (3) to determine licensed capacity, the floor space occupied by the following shall be excluded:

1. The interior walls;

2. A kitchen, bathroom, closet, hallway, stair, entryway, office, a room designated for isolating a child from other children, storage rooms, and a room designated for the sole use of child care personnel; and

3. Room space occupied by teacher-caregiver desks, file cabinets, storage cabinets, and hand washing sinks for staff use.

C. A licensee shall provide at least 75 square feet of outdoor activity area for each child occupying the outdoor activity area at any time. To allow scheduled access to an outdoor activity area for each attending child, a licensee shall provide at least 75 square feet of outdoor activity area per child for at least 50% of the facility's licensed capacity.

1. An applicant or licensee may request an exemption from this requirement if:

a. No enrolled child attends the facility for more than four hours per day;

b. The applicant or licensee provides at least 50 square feet of indoor activity area for each child based on the facility's licensed capacity; and

c. The applicant or licensee submits a written request for exemption in the narrative portion of the information form.

2. An applicant or licensee may request a substitution of indoor activity area for outdoor activity area if:

a. The applicant or licensee can provide at least 50% of the outdoor activity area required by this subsection;

b. The indoor activity area being substituted for outdoor activity area is in addition to the indoor activity area required in subsection (A); and

c. The applicant or licensee submits a written request to substitute indoor activity area for outdoor activity area in the narrative portion of the information form and identifies on the floor plan the specific location of the indoor activity area being substituted for outdoor activity area.

3. The Department shall review and approve or deny the request for exemption or substitution.

a. For a request that is part of an initial application, the Department shall review the proposed exemption or substitution and provide written notice according to the procedures in R9-5-202.

b. For a licensed facility, within 30 days from the date of the receipt of the request, the Department shall review the proposed exemption or substitution and provide written notice of the review to the licensee. If the proposed exemption or substitution:

i. Complies with A.R.S. § 36-881 et seq. and these rules, the Department shall approve the proposed exemption or substitution; or

ii. Does not comply with A.R.S. § 36-881 et seq. or these rules, the Department shall provide the licensee with the requirements necessary to approve the requested exemption or substitution.

c. A licensee shall provide at least 75 square feet of outdoor activity area per child for 50% of the facility's license, until the Department approves the exemption or substitution.

4. A licensee shall provide at least 75 square feet of indoor activity area that is substituted for outdoor activity area for each child occupying the activity area.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-604. Outdoor Activity Areas

A. A licensee shall provide an outdoor activity area on facility premises.

1. A licensee shall not permit a child to cross a driveway or parking lot to access an outdoor activity area on the facility premises or a school campus unless the licensee obtains written approval from the Department.

2. If a licensee requests approval from the Department for enrolled children to cross a driveway or parking lot to access an outdoor activity area, the Department shall inspect the facility premises or school campus to determine whether the health, safety, or welfare of enrolled children would be endangered. The Department shall notify the licensee of approval or disapproval within 30 days of receipt of the request. If disapproved, the Department shall provide the licensee with the requirements necessary to approve the proposed crossing.

B. Except as provided in subsection (C), a licensee shall ensure that an outdoor activity area:

1. Is enclosed by a fence:

a. A minimum of 4 feet high;

b. Secured to the ground; and

c. With either vertical or horizontal open spaces on a fence or gate that do not exceed 4.0 inches;

2. Is maintained free of hazards; and

3. Has gates that are kept closed while a child is in the outdoor activity area.

C. A licensee shall ensure that a playground used only for school age children at a facility operating at a public or private school meets the fencing requirements of the public or private school. If the Department determines by inspection that a facility fence on a public or private school does not ensure the health, safety, or welfare of enrolled children, the licensee shall meet the fencing requirements of subsection (B).

D. A licensee shall ensure that the following is provided and maintained under swings and climbing equipment in an outdoor activity area:

1. A shock-absorbing rubber unitary surfacing material manufactured for such use in outdoor activity areas; or

2. A minimum depth of 6 inches of a nonhazardous, resilient material such as fine loose sand or wood chips.

E. A licensee shall ensure that hard surfacing material such as asphalt or concrete is not installed or used under swings or climbing equipment unless used as a base for a rubber surfacing.

F. A licensee shall provide a shaded area for each child occupying an outdoor activity area at any time of day.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-605. Swimming Pools

A. If a licensee uses a public or semi-public swimming pool for enrolled children, the swimming pool shall meet the requirements of the swimming pool ordinance enacted by local government. If no ordinance has been adopted, the swimming pool, shall meet the requirements in A.A.C. R9-8-811 through R9-8-852.

B. A licensee that uses a private pool for enrolled children shall ensure that the swimming pool and its equipment meet the following requirements:

1. If a licensee uses a private pool that is a minimum of 2 feet in depth for enrolled children, the swimming pool shall meet the requirements of the swimming pool ordinance enacted by local government and, at a minimum, be equipped with the following:

a. A recirculation system consisting of piping, pumps, filters, and water conditioning and disinfecting equipment that conforms to the swimming pool manufacturer's specifications for installation and operation, and is adequate to clarify and disinfect the pool water continuously;

b. Two swimming pool inlets located on opposite sides of the swimming pool to produce uniform circulation of water and maintain uniform chlorine residual throughout the entire swimming pool without the existence of dead spots;

c. A drain located at the swimming pool's lowest point and covered by a grating that cannot be removed by bathers;

d. A swimming pool water vacuum system in operating condition;

e. A removable strainer to prevent hair, lint, or other objects from reaching the pump and filter;

f. An automatic mechanical water disinfectant system in use and in operating condition. The disinfecting agents shall maintain the swimming pool water as follows:

i. A free chlorine level between 1.0 and 5.0 parts per million as tested by the diethyl-p-phenylene diamine method or .4 to 1.0 parts per million when tested by the orthotolidine method;

ii. A pH level between 7.0 and 8.0 as tested by the diethyl-p-phenylene diamine method or the orthotolidine method; or

iii. A bromine level between 2.0 and 4.0 parts per million as tested by the diethyl-p-phenylene diamine method;

g. A shepherd's crook; and

h. A ring buoy attached to a 1/2 inch diameter rope at least 25 feet in length.

2. If a licensee uses a private pool that is less than 2 feet in depth for enrolled children, the swimming pool shall meet the requirements of subsection (B)(1) except that:

a. The swimming pool shall have a minimum of one swimming pool inlet;

b. The swimming pool is not required to have a bottom drain;

c. A pool water vacuum cleaning system is not required;

d. A ring buoy with attached rope is not required; and

3. A portable pool that does not meet the requirements of subsection (B)(1) or (2) is prohibited.

4. A licensee may add liquid or dissolved dry chemical disinfectants directly to a pool only for shock purposes.

5. A licensee shall maintain a dated, written, daily swimming pool log at the swimming pool site that records the free chlorine, pH ranges and bromine readings, including any actions taken by the licensee to restore the swimming pool chemical ranges required by subsection (B)(1)(f) when out-of-range readings occur. A licensee shall maintain a current swimming pool log on facility premises while the swimming pool for three months from the date of use.

C. A licensee that uses a public, semi-public, or private pool for enrolled children shall use only a swimming pool that is enclosed by a wall, fence, or barrier that meets the requirements of a swimming pool barrier ordinance adopted by the local government where the facility is located. If no ordinance has been adopted, the swimming pool shall be enclosed by a wall, fence, or other barrier that meets the requirements of A.R.S. § 36-1681.

D. A licensee that uses any semi-public or private swimming pool for enrolled children shall ensure that the swimming pool has been inspected by the Department or a city or county health department before it is used by enrolled children. If a licensee operates or uses a swimming pool that is inspected by a city or county health department, the licensee shall provide the Department with a current written report of the swimming pool inspection. A licensee shall maintain the current swimming pool inspection reports of a swimming pool used by enrolled children on the facility premises.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Former Section R9-5-605 repealed and a new Section R9-5-605 adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-606. Fire and Safety

A licensee shall install portable, pressurized fire extinguishers that meet, at a minimum, a 2A-10-BC rating of the Underwriters Laboratories as described in Publication 10 of the National Fire Code, incorporated by reference in A.A.C. R9-1-412. The fire extinguishers shall be installed and maintained in a facility's kitchen and other locations as required by Standard 10-1 of the Uniform Fire Code, incorporated by reference in A.A.C. R9-1-412.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (A) effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-607. Required Physical Plant Documents

A. When applying for a license or making a modification to an existing licensed facility, an applicant shall submit to the Department an information form signed by the applicant or licensee containing:

1. The name of applicant;

2. The name, address, and telephone number of facility;

3. The name, address, and telephone number of individual to be contacted if additional information is needed by the Department;

4. The classifications of child care services being requested;

5. The action being requested by the applicant;

6. A brief narrative description of the facility or proposed modification, including the location and assigned age groups of each room in which activities are or will be conducted; and

7. The date the form is submitted to the Department.

B. In addition to the information required by subsection (A), an applicant providing child care services in a facility not located in a public school shall submit to the Department one set of final construction drawings including:

1. A site plan drawn to scale showing:

a. The drawing scale;

b. The boundary dimensions of the property upon which the physical plant is located;

c. If more than one building is used for the facility, location, and perimeter dimensions of each building;

d. The location of each driveway on the property;

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

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

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

h. If applicable, the location of swimming pool.

2. A floor plan drawn to scale showing:

a. The drawing scale;

b. The length and width dimensions of each activity area used for child care services;

c. The width of each doorway;

d. The direction of each door's swing;

e. The location of each plumbing fixture, including each hand washing, utility, and three compartment sink, toilet, urinal, diaper changing area, and drinking fountain; and

f. The location and type of fire alarm system.

3. A cross section of the physical plant of the facility showing:

a. Type of construction; and

b. Materials used in construction.

4. If the physical plant of a facility is larger than 3,000 square feet and is occupied by more than 20 enrolled children and staff members, the seals of an architect, structural engineer, mechanical engineer, and electrical engineer registered as prescribed in A.R.S. § 32-101 et seq., verifying compliance with local building and fire codes, local zoning requirements, and the requirements of these rules.

5. If the physical plant of a facility is less than 3,000 square feet and is occupied by less than 20 enrolled children and staff members, a copy of all building or zoning permits or certificate of occupancy issued by the local government to the facility.

C. In addition to the information required by subsection (A)(1), an applicant, providing child care services for children up to school age at a public school, shall submit to the Department one set of final construction drawings or one school map including:

1. A site plan drawn to scale showing:

a. The location of each building on the school campus;

b. The location of each activity area to be used for child care services;

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

d. The location, type, and height of the fence surrounding the outdoor activity area.

2. A floor plan drawn to scale showing:

a. The drawing scale;

b. The length and width dimensions of each activity area used for child care services;

c. The width of each doorway;

d. The direction of each door's swing;

e. The location of each hand washing sink, toilet, urinal, diaper changing area, and drinking fountain to be used by enrolled children; and

f. The location and type of fire alarm system.

D. In addition to the information required by subsection (A)(1), an applicant providing child care services only for school-age children in a facility located in a public school, shall submit to the Department a site plan as shown on two sets of final construction drawings or two school maps of the school campus showing:

1. The location of each school building and outdoor activity area;

2. The location, perimeter dimensions, and age groups of each activity area used by enrolled children;

3. The location of each hand washing sink, toilet, urinal, diaper changing area, and drinking fountain to be used by enrolled children; and

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

E. In addition to submitting the information required by subsection (A)(1), an applicant providing child care services in a facility that is located in a factory-built building as defined in A.R.S. § 41-2142(14) shall also meet the requirements in subsections (B), (C), and (D) for the type of facility providing child care and submit:

1. An installation permit issued by the Arizona Office of Manufactured Housing;

2. One set of final construction drawings that includes the stamp of the Arizona Office of Manufactured Housing;

3. A foundation and tie-down plan for the factory-built building that is prepared and stamped by an engineer registered as prescribed in A.R.S. § 32-101 et seq.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-608. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Repealed effective October 17, 1997 (Supp. 97-4).

R9-5-609. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Repealed effective October 17, 1997 (Supp. 97-4).

R9-5-610. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Correction to subsection (F) as certified effective December 12, 1986; Amended subsection (A) effective July 7, 1988 (Supp. 88-3). Repealed effective October 17, 1997 (Supp. 97-4).

R9-5-611. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Repealed effective October 17, 1997 (Supp. 97-4).

R9-5-612. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Repealed effective October 17, 1997 (Supp. 97-4).

R9-5-613. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Repealed effective October 17, 1997 (Supp. 97-4).

R9-5-614. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (C) effective July 7, 1988 (Supp. 88-3). Repealed effective October 17, 1997 (Supp. 97-4).

ARTICLE 7. REPEALED

Article 7, consisting of Sections R9-5-701 through R9-5-708, repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-701. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Section repealed; new Section made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-702. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed; new Section made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

Table 2. Repealed

Historical Note

New Table made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Table repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-703. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; editorial corrections to labels of subsections (A)(8)(a)(i) through (A)(8)(a)(xix) (Supp. 89-4). Emergency rule readopted with changes effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Section repealed; new Section made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-704. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency permanently adopted effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-705. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed; new Section made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-706. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed; new Section made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-707. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-708. Repealed

Historical Note

New Section made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

ARTICLE 8. REPEALED

Article 8, consisting of Sections R9-5-801 through R9-5-809, repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-801. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-802. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-803. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-804. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-805. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-806. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-807. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-808. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-809. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

ARTICLE 9. REPEALED

Article 9, consisting of Sections R9-5-901 through R9-5-912, repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-901. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-902. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-903. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-904. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-905. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-906. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-907. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-908. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-909. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-910. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-911. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-912. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

ARTICLE 10. REPEALED

Article 10, consisting of Sections R9-5-1001 through R9-5-1006, repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-1001. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-1002. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-1003. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-1004. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-1005. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-1006. Repealed

Historical Note

Adopted as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency rule readopted effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency rule readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency rule readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency rule readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency rule permanently adopted effective October 4, 1990 (Supp. 90-4). Section repealed by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).