Licensing and registration by counties, cities and Division; standards and regulations; waiver of compliance; notification of intent to amend or repeal ordinance

1. Child care facilities, other than child care institutions, in any county or incorporated city where the governing body has established an agency for the licensing of child care facilities and enacted an ordinance requiring that child care facilities be licensed by the county or city need not be licensed by the Division. The licensing agency shall adopt such standards and other regulations as may be necessary for the licensing of child care facilities, and the standards and regulations: (a) Must be not less restrictive than those adopted by the Board; and (b) Take effect only upon their approval by the Division. 2. An agency for the licensing of child care facilities established by a city or county may waive compliance with a particular standard or other regulation by a child care facility if: (a) The agency finds that the practices and policies of that facility are substantially equivalent to those required by the agency in its standards and other regulations; and (b) The waiver does not allow a practice which violates a regulation adopted by the Board. 3. A governing body may adopt such standards and other regulations as may be necessary for the regulation of facilities which provide care for fewer than five children. If the standards so adopted are less restrictive than the standards for the licensure of child care facilities which have been adopted by the Board, the governing body shall not issue a license to the smaller facilities, but may register them in accordance with the standards which are less restrictive. 4. If a governing body intends to amend or repeal an ordinance providing for the licensing of child care facilities and the effect of that action will be the discontinuance of the governing body’s licensure of child care facilities, the governing body shall notify the Division of its intention to do so at least 12 months before the amendment or repeal becomes effective. 5. A child care institution must be licensed by the Division.