Section 1596.8535 Of Article 2. Administration Of Child Day Care Licensing From California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 2.
1596.8535
. (a) Notwithstanding any other provision of law, the
department shall conduct any authorized inspection, announced site
visit, or unannounced site visit of any child daycare facility only
during the period beginning one hour before and ending one hour after
the facility's normal business hours or at any time childcare
services are being provided. This subdivision shall not apply to the
investigation of any complaint received by the department if the
department determines that an inspection or site visit outside the
time period beginning one hour before, and ending one hour after, the
facility's normal operating hours is necessary to protect the health
or safety of any child in the facility.
(b) If a facility is closed for an extended period of time, the
department may not perform any inspection, announced site visit, or
unannounced site visit until the facility has reopened, subject to
subdivision (a).
(c) The department shall develop regulations establishing a
procedure by which a licensee of any childcare facility may notify
the licensing agency of a planned period of inactivity in the
operation of the facility. The department shall also develop
regulations establishing a procedure by which the department shall
determine if it will grant inactive status to a licensee after
receiving this notice from the licensee.
(d) If the department grants inactive status to a licensee
pursuant to subdivision (c), the license shall not be valid during
the period of inactivity in the operation of the facility, the
licensee shall be responsible for the payment of annual licensing
fees and for maintaining licensing standards upon reactivation of
operation of the facility, and the department's timeframe for
required site visits shall be adjusted accordingly. However, if the
department believes the licensee is operating during a period in
which the department has granted inactive status to the licensee, the
department may enter the facility for any inspection permitted by
law.
(e) This section shall be operative July 1, 2003.