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recreational and educational purposes or a public or private | school in the nature of a kindergarten approved by the | Commissioner of Education, in accordance with Title 20-A. |
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| E. "Small child care facility" means a house or other | place, not the residence of the operator, in which a person | or combination of persons maintains or otherwise carries out | a regular program, for consideration, for any part of a day | providing care and protection for 3 to 12 children under 13 | years of age. |
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| | 2. Child care facility licensure. The owner or operator of a | child care facility shall pay the licensing fee required under | section 8303-A. A child care facility must be licensed under | this chapter and must comply with the rules adopted by the | commissioner under section 8302-A and the fire safety | requirements of section 8304-A. Except as otherwise provided, a | nursery school must meet the requirements of this chapter and | chapter 1675. |
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| | 3. Family child care provider certification. A home day | family child care provider shall pay the certification fee | required under section 8303-A. A home day family child care | provider must be certified under this chapter and shall comply | with the rules adopted by the commissioner under section 8302-A | and the fire safety requirements of section 8304-A. |
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| | 4. Complaints. Upon receipt of a complaint about a licensed | child care facility or a certified home day family child care | provider and if the department has reasonable cause to suspect | that a violation of the licensure or certification requirements | has occurred, the department may investigate the complaint and | enter the premises at any reasonable time for the purposes of the | investigation. |
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| | 5. Administrative suspension. Whenever conditions exist that | immediately jeopardize the health and safety of children, the | commissioner may issue an order of closure, which suspends the | certification of the home day family child care provider or the | child care facility license for up to 10 days, pending further | investigation or prior to obtaining an order of emergency | suspension from the court. The department shall require that an | order of closure be posted at the facility and made public as it | determines to be most appropriate for parents and other potential | customers. |
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| | 6. Temporary license. Whenever a certified home day family | child care provider or licensed child care facility moves to a | new location the department may issue a temporary certificate or | license, valid pending final action on the application for the | new location by the department, when: |
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