(1) It is permissible for a drop-in day care center to seek licensure by the department.

(2) An applicant for a drop-in day care center license shall:

(a) meet the requirements for day care centers provided in ARM Title 37, chapter 95 with the exception of:

(i) ARM 37.95.106 regarding licensing application as it applies to the number of fire and evacuation drills;

(ii) ARM 37.95.128 regarding health record forms;

(iii) ARM 37.95.140 regarding immunization requirements;

(iv) ARM 37.95.141 as it pertains to immunization documents;

(v) ARM 37.95.602 regarding program requirements;

(vi) ARM 37.95.611 regarding support services space;

(vii) ARM 37.95.613 regarding materials and equipment including play materials and equipment. However, drop-in day care centers shall comply with ARM 37.96.613(3), (4), and (5) pertaining to high chairs, rest equipment, and telephone provisions; and

(viii) ARM 37.95.619 regarding night care.

(b) meet the requirements of ARM 37.95.106 regarding the submission to the department of:

(i) an annual approved inspection report from the state fire marshal or the fire marshal's designee indicating the fire safety rules have been met; and

(ii) an annual approved inspection report from public health authorities certifying the satisfactory completion of training or a certificate of approval following inspection by local health authorities in accordance with ARM 37.95.205, 37.95.206, 37.95.207, 37.95.210, 37.95.214, 37.95.215, 37.95.225, 37.95.226, and 37.95.227.

(c) submit to and receive prior approval from the department of a written plan of operation for the drop-in day care center as outlined in ARM 37.95.1110; and

(d) operate the drop-in day care center according to the approved plan of operation.