§ 3280.11. Application for and issuance of a certificate of compliance.
(a) A legal entity shall obtain a valid certificate of compliance to operate at a specific location. The certificate of compliance will be issued by the Department to a legal entity prior to commencement of operation at a specified location.
(b) A legal entity or a representative of the legal entity shall participate in an orientation training provided by the Department within 12 months prior to commencing operation of the group child care home. The orientation does not count toward the annual minimum of 12 clock hours of child care training required in § 3280.31(e) (relating to age and training).
(c) Prior to issuance of a certificate of compliance, the legal entity or representative of the legal entity shall complete professional development in each of the following topics:
(1) Prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children and children in foster care to receive services under this subchapter while their families (including foster families) are taking necessary action to comply with immunization and other health and safety requirements.
(2) Prevention of Sudden Infant Death Syndrome and use of safe sleep practices.
(3) Administration of medication, consistent with standards for parental consent.
(4) Prevention of and response to emergencies due to food and allergic reactions.
(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic.
(6) Prevention of shaken baby syndrome and abusive head trauma.
(7) Emergency preparedness and response planning for emergencies resulting from a natural disaster or a man-caused event (such as violence at a child care facility) within the meaning of those terms under section 602(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.A. § 5195a(a)(1)).
(8) Handling and storage of hazardous materials and appropriate disposal of biocontaminants.
(9) Precautions when transporting children.
(10) Pediatric first aid and pediatric cardiopulmonary resuscitation.
(d) Completion of professional development shall be documented by the signature and title of a representative of the professional development entity and include the date the professional development was completed. Documentation shall be included with the application when it is submitted to the regional office. Documentation of the completion of professional development under subsection (c) taken from September 30, 2016, forward satisfies this requirement.
(e) Regarding child abuse and criminal history clearances related to the CPSL, the following apply:
(1) At initial application for a certificate of compliance, the legal entity shall submit clearances for the legal entity and for each individual 18 years of age or older who resides in the facility at least 30 days in a calendar year.
(2) At renewal, the legal entity shall submit clearances for each individual 18 years of age or older who resides in the facility at least 30 days in a calendar year if any of the following apply:
(i) The individual attained 18 years of age following the date of the previous application for a certificate of compliance.
(ii) The individual moved into the facility following the date of the previous application for a certificate of compliance.
(3) Clearances are required for the legal entity and for each individual 18 years of age or older who resides in the facility at least 30 days in a calendar year by the Department if an application for renewal is received following expiration of the current certificate of compliance.
(f) Application for a certificate of compliance shall be submitted to the appropriate regional child care office in accordance with Chapter 20 (relating to the licensure or approval of facilities and agencies).
(g) A certificate of compliance is issued in the manner described in Chapter 20, for a period not to exceed 12 months from the date of issue.
(h) An agent of the Department will annually conduct at least one onsite unannounced inspection of a child care facility.
(i) The facility is subject to announced and unannounced inspections in accordance with § 3280.23 (relating to Departmental access).
(j) Except for § 20.32 (relating to announced inspections), the requirements in Chapter 20 apply to child care facilities.
(k) Sanctions relating to the status of a certificate of compliance are applied under the authority of applicable sections of the act, Chapter 20 and this chapter.
(l) A facility whose certificate of compliance is current as of December 19, 2020, will not be inspected under this chapter until the current certificate of compliance is due to be renewed or when a regulatory violation is alleged and the Department responds to the alleged violation with an inspection.
The provisions of this § 3280.11 amended under Articles IX and X of the Human Services Code (62 P.S. § § 901922 and 10011088).
The provisions of this § 3280.11 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437; amended December 18, 2020, effective December 19, 2020, 50 Pa.B. 7133. Immediately preceding text appears at serial pages (335066) and (338571).
This section cited in 55 Pa. Code § 3280.221 (relating to requirements specific to school-age programs).
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