DEPARTMENT
OF LIFELONG EDUCATION, ADVANCEMENT, AND POTENTIAL DEPARTMENT
OF LICENSING AND REGULATORY AFFAIRS
CHILD CARE LICENSING BUREAU
LICENSING CHILD CARE CENTERS
Filed with the secretary of state on
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the department of lifelong education, advancement, and potential by section 2 of 1973 PA 116, MCL 722.112, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2004-4, 2015-1 and 2023-6, MCL 330.3101, 445.2001, 445.2011, 400.226, 400.227 and 388.1283)
(By
authority conferred on the director of the department of licensing and
regulatory affairs by section 2 of 1973 PA 116, MCL 722.112, and Executive
Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2004-4, and 2015-1, MCL
330.3101, 445.2001, 445.2011, 400.226, and 400.227)
R 400.8101, R 400.8102, R 400.8103, R 400.8107, R 400.8110, R 400.8112, R 400.8112a, R 400.8113, R 400.8125, R 400.8131, R 400.8134, R 400.8137, R 400.8140, R 400.8143, R 400.8146, R 400.8149, R 400.8152, R 400.8155, R 400.8158, R 400.8161, R 400.8164, R 400.8167, R 400.8301, R 400.8310, R 400.8320, R 400.8325, R 400.8330, R 400.8335, R 400.8340, R 400.8501, R 400.8505, R 400.8510, R400.8515, R 400.8520, R 400.8525, R 400.8530, R 400.8535, R 400.8540, R 400.8545, R 400.8565, R 400.8701, R 400.8710, R 400.8740, R 400.8760, R 400.8770, R 400.8810, R 400.8830, and R 400.8840 of the Michigan Administrative Code are amended, R 400.8121, R 400.8143a, R 400.8201, R 400.8201a, R 400.8201b, R 400.8204, R 400.8207, R 400.8210, R 400.8213, R 400.8213a, R 400.8216, R 400.8216a, R 400.8219, R 400.8222, R 400.8251, R 400.8254, R 400.8257, R 400.8260, R 400.8263, R 400.8266, R 400.8269, R 400.8269a, R 400.8269b, R 400.8271, R 400.8274, R 400.8277, R 400.8280, R 400.8341, R 400.8401, R 400.8410, R 400.8419, R 400.8430, R 400.8440, and R 400.8780 are added, and R 400.8112b, R 400.8116, R 400.8119, R 400.8122, R 400.8128, R 400.8170, R 400.8173, R 400.8176, R 400.8179, R 400.8182, R 400.8185, R 400.8188, R 400.8191, R 400.8345, R 400.8350, R 400.8355, R 400.8360, R 400.8365, R 400.8370, R 400.8375, R 400.8380, and R 400.8385 are rescinded, as follows:
PART
1. GENERAL PROVISIONS DEFINITIONS,
LICENSING PROCESS, PROCEDURES, AND RECORDS
R 400.8101 Definitions; A through
to I.
Rule 101. (1) As used in these rules:
(a) “Accredited college or university” means a college or university that has
been is accredited by a regional or national institutional accrediting association recognized by the United States
Department of Education.
(b) “Act” means 1973 PA 116, MCL 722.111 to 722.128, regarding child care organizations.
(c) “Adult” means a person an individual 18 years of
age or older.
(d) “Ages” means all of the following:
(i) “Infant” –means a
child from birth until 1 year of age.
(ii) “Toddler” – means
a child who is 1 year of age until 30
months of age.
(iii) “Preschooler” – means a child who is 30 months of
age until eligible to attend a grade of kindergarten or higher.
(iv) “School-ager” – means a child who is eligible to attend a
grade of kindergarten or higher, but less than 13 years of age. A child is considered a school-ager on the
first day of the school year in which he or she is eligible.
(e) “Applicant” means an individual who applies for a license to operate a child care center.
(f) “Biocontaminant” means bodily fluids such as urine, feces, saliva, vomit, blood, nasal discharge, eye discharge, and injury or tissue discharge.
(g) “Center” means an early childhood center, school-age child care center, outdoor nature-based child care center, or a small capacity child care center.
(h) “Certified playground safety inspector” means an individual certified by the National Playground Safety Institute or the National Program for Playground Safety to conduct playground safety inspections.
(f) (i) “CEU” means a continuing education unit awarded by an
accredited college or university sponsor of continuing education units or equivalent
State Continuing Education Clock Hour awarded by the state board of
education.
(g) “Child care aide” means an individual who is 17 years of age, who provides
services and participates in child care activities in a child care center, who
shall not have unsupervised access or provide unsupervised care or supervision
of children, and who has satisfactorily completed at least 1 year of a
vocational-occupational child care aide training program approved by the
department.
(h) (j) “Child care administration” means educational courses in
child care administration, education administration, educational
leadership, or business administration.
(i) (k) “Child care background check system” means the database
maintained by the department to document a comprehensive background check and eligibility determination pursuant to section 5n of the act, MCL 722.115n.
(j) “Child care center” means that term as defined in section 1(h) of the act,
MCL 722.111.
(k) “Child care staff member” means that term as defined in section 1(a) of
the act, MCL 722.111.
(l) “Child development associate credential” or “CDA” means a credential
awarded by the Council for Professional Recognition or a similar credential approved
by the department.
(m) “Child-related field” means 1 of the following:
(i) For an early childhood education program director administrator
and lead caregiver teacher, academic courses in elementary
education, child guidance, child counseling, child psychology, family studies, environmental
or outdoor education, social work, or special education.
(ii) For a school-age program director administrator, academic
courses in early childhood education, elementary education, secondary
education, educational leadership, special education, physical
education and recreation, child development, child guidance, child counseling,
child psychology, family studies, environmental or outdoor education,
social work, human services, or youth development.
(n) “Clean” means removing dirt, food, soil, and other types of debris by scrubbing and washing with a detergent solution and rinsing with water.
(n) (o) “Communicable disease” means an infectious disease that
is transmissible from person to person by direct contact with an infected
individual or the individual's discharges, or by indirect means
through a vector.
Communicable disease includes,
but is not limited to, all of
the following:
(i) Chicken pox.
(ii) Hand, foot, and mouth disease.
(iii) Influenza.
(iv) Measles.
(v) Mumps.
(vi) Pertussis, which is also referred to as whooping cough.
(vii) Rubella.
(viii) Tuberculosis.
(o) (p) “Comprehensive background check” means a department
review of an individual as required in sections 5n and 5q of the act, MCL
722.115n and 722.115q.
(p) “Conducive to the welfare of children” means that term as defined in
section 5m(13)(b) of the act, MCL 722.115m(13)(b).
(q) “Continuously employed child care staff member” means an individual who has
not been disconnected from the child care background check system for a period
of more than 180 days and has continuously resided in Michigan this
state as referenced in section 5n(15) and (16) of the act, MCL 722.115n(15)
and (16).
(r) “Conviction” means that term as defined in section 1(i) of the act, MCL
722.111.
(s) “Criminal history check” means that term as defined in section 1(j) of the
act, MCL 722.111.
(t) (r) “Degrees and semester hours” means only those degrees and
hours from an accredited college or university.
(u) (s) “Department” means the
department of licensing and regulatory affairs lifelong education, advancement, and potential.
(v) (t) “Developmentally appropriate” means age appropriate as well as
and appropriate to the
individual child.
(u) “Disinfect” means destroying any remaining germs on surfaces after cleaning using a stronger bleach solution or an EPA-registered disinfecting product as described on the label.
(v) “Early childhood center” means a child care center that serves children less than 13 years of age. It does not include a school-age child care center, outdoor nature-based child care center, or a small capacity child care center.
(w) “Early childhood program director administrator” means a
child care staff member who is the program director administrator
of an early childhood center serving children of all ages and can
be counted in child staff member to child ratios.
(x) “Easily cleanable” means that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.
(y) “Eligible” means that that term as defined in section 1(m) of the act,
MCL 722.111.“Experience” means paid and unpaid experience serving the
ages and developmental abilities of children for which the center is licensed.
(z) “Field trip” means children, and personnel program staff
or volunteers, or both, leaving the child care center premises for an
excursion, trip, or program activity.
(aa) “First aid kit” means a kit containing, at a minimum, all of the following: sterile gauze pads, assorted sizes, a roll of gauze, adhesive bandages, assorted sizes, adhesive cloth tape, an elastic bandage, tweezers, and scissors. A first aid kit is prohibited from containing any non-prescription or prescription medications as described under R 400.8152.
(bb) “Group size” means the specified
number of children assigned to a child care staff member or team of child care
staff members occupying an individual classroom or well-defined space for each
group within a larger room. Two or more groups may be combined for
collective activities as long as appropriate child-to-staff ratios are
maintained in the room or area.
(cc) "Hand washing" means to cleanse the hands with soap and warm running water for not less than 20 seconds.
(dd) “Immediately available” means a program administrator, site administrator, parent, or guardian remains onsite at the address of the child care center.
(ee) “Ineligible” “Independent service provider” means that
term as defined in section 1(n) of the act, MCL 722.111. individuals who are not child care staff members, but
render professional, therapeutic, or enrichment services within a child care
center. Independent service providers include, but are not limited to, dance
instructors, gymnastic or sports instructors, computer instructors, speech
therapists, nutritionists, early interventionists, nurses and other licensed
health care professionals, intermediate school district staff, local school
district staff, departmental staff other than those responsible for inspecting
centers, non-center affiliated bus drivers, cafeteria and maintenance
personnel, electricians, plumbers, photographers, and other outside service
providers. They are not considered contract employees or self-employed as described in the act
as long as they are supervised at all times by an eligible child care staff
member while at the child care center when children are present.
(2) A term defined in the act has the same meaning when used in these rules.
R 400.8102 Definitions; J through to
R.
Rule 102. As used in these rules:
(a) “Lead caregiver teacher” means a child care staff member
employed by the child care center for compensation who is responsible for
planning organizing, guiding, and implementing the
daily program of activities for in a group or
individual basis, to further the cognitive, social, emotional, and physical
development of children in a child care center and can be counted in
child care staff member to child ratios.
(b) “Licensee” means that term as defined in section 1(q) of the act, MCL
722.111.
(c) "Licensee designee" means that term
as defined in section 1(cc) of the act, MCL 722.111.
(b) “Mandated reporter” means a licensee, licensee designee, staff, or volunteer who are required to immediately report child abuse or neglect or suspected child abuse and neglect as required by R 400.8213(1)(c).
(dc) “Michigan school age or youth development
associate credential” means a certificate or credential issued by
the Michigan Afterschool Association Partnership in partnership with or
similar credential approved by the department.
(ed) “MiRegistry” is the electronic data system for child care
providers that is maintained by the department of education to verify and track
employment, training, and educational accomplishments.
MiRegistry offers a statewide calendar of online and classroom training
opportunities. MiRegistry can be accessed online at http://www.miregistry.org.
(e) “MiRegistry-approved training” means training that is submitted to MiRegistry by a MiRegistry approved trainer or MiRegistry training sponsor organization that meets the qualification for approval.
(f) “Montessori credential” means a credential issued by the Association
Montessori International (AMI), American Montessori Society (AMS),
or any Montessori teaching or
training institution recognized by the Montessori Accreditation Council for
Teacher Education (MACTE) that meets or exceeds 270 hours of academic training.
(g) “Multiple occupancy” means a building or structure where 2 or more classes of occupancy exist Classes of occupancy include, but are not limited to, day-care occupancy, residential occupancy, or health care occupancy.
(h) “Natural playground” means an outdoor play area that blends natural materials, features, and vegetation, which can include tree logs, tree stumps, boulders, and plants.
(i) “Nighttime care” means care between the hours of midnight and 5 a.m.
(j) “On file” means accessible at the center or central office, as specified in these rules, via a hard copy or electronically unless otherwise stipulated in the rule.
(k) “Outdoor nature-based child care center” means a child care center that does all of the following:
(i) Serves preschool and school-age children.
(ii) Provides early learning service to the enrolled children in an outdoor natural space approved by the department for not less than 4 hours per day or 50% of the daily program hours, whichever is less, and may operate in an approved building during inclement weather.
(iii) Teaches a nature-based curriculum to enrolled children.
(g) (l) “Parent” or “parental” means a child’s
natural or adoptive
parent who is legally
responsible for the child or the child’s legal guardian.
(h) (m) “Playspace” means a piece or pieces of age-appropriate
toys, play equipment, and materials that 1 child can use independently for 15
minutes.
(i) “Personnel” means a licensee, licensee designee, child care staff member,
and child care aide.
(j) (n) “Portable crib” means a crib
that can be folded or collapsed, without disassembly, to occupy a space
less than it occupies when it is used.
Products with mesh, fabric,
or non-rigid sides, such as a bassinet or play yard, are not considered portable
cribs.
(o) “Present at the center” means being physically at the center at any point when children are present.
(p) “Program administrator” means a licensee or child care staff member who is responsible for the general management of the center, ensures compliance with the act and these rules, and can be counted in child care staff member to child ratios. Program administrators include an early childhood program administrator, a school-age program administrator, and a small capacity center program administrator.
(k)
(q) “Program components” means the different services offered by a
center. They include, but are not
limited to, infant and toddler, preschool, and school-age care and education;
nighttime care; food service; swimming; and transportation.
(l) “Program director” means a licensee or child
care staff member who is responsible for the general management of the center
and ensures compliance with the act and these rules.
(r) “Program staff” means a teacher, lead teacher, substitute teacher, site administrator, staff-in-charge, program administrator, substitute program administrator, or other compensated employee of the center that has direct contact with children and can be counted in child care staff member to child ratios. It does not include volunteers, therapeutic professionals, and independent service providers.
(m) (s) “Routine transportation” means regularly scheduled travel
on the same day of the week, at the same time, to the same destination. Any deviation is non-routine transportation.
R 400.8103 Definitions; S through
to Z.
Rule 103. As used in these rules:
(a) “Sanitized” means to wipe or
spray the surface with a reducing the number of germs on surfaces after
cleaning the item by using heat, sanitizing solution, let the
surface air dry or wipe dry after 2 minutes with a single service towel, or according
to the manufacturer’s directions sprays as directed on the label, or a
weakened bleach solution.
(b) “School” means a building or part of a building that is owned or leased by, or under the control of, a public or private school or school system for the purpose of instruction as required by the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, which is occupied by 6 or more students, and which is used 4 or more hours per day or more than 12 hours per week.
(c) “School-age child” means that term as defined in section 1(aa) of the act,
MCL 722.111.
(c) “School-age child care center” means a child care center serving only school-age children.
(e) (d) “School-age program director administrator”
means the program director of a center serving only school-age children.a
child care staff member who is the program administrator of a school-age child
care center and can be counted in child care staff member to child ratios.
(e) “Serious injury” means that
term as defined in section 2b of 1973 PA 116, MCL 722.122b. an injury that occurred while the child was
in care that resulted in a child receiving medical attention by
a health care provider.
(f) “Session” means 8 hours within a 24-hour day from midnight until 11:59 p.m. for centers operating 8 hours or more per day or 50% of the time open for centers operating less than 8 hours per day.
(f) (g) “Site supervisor administrator” means an
individual who oversees the daily operation of a school age program when a
multi-site director has been named. The site supervisor must meet all
requirements under R 400.8119 a child care staff member appointed by the
program administrator responsible for supervising the operation of the center
when the program administrator is not on the center premises and can be counted
in child care staff member to child ratios.
(h) “Small capacity center” means a child care center that receives 20 or fewer children less than 13 years of age.
(g) (i) “Staff” means
any compensated employee of a center that perform services for
the child care center and has direct or indirect contact with children at the
center. Staff includes the program administrator, substitute program
administrator, site administrator, staff-in-charge, lead teacher, teacher,
substitute teacher, and other paid employees at the center, such as the cook,
driver, janitor, secretary, and bookkeeper.
It does not include volunteers, therapeutic professionals, and independent
service providers.
(j) “Staff-in-charge" means a child care staff member appointed by a program administrator of a single site when the program administrator is not on the premises and is responsible for supervising the operation of the center including, but not limited to, having the authority to respond to emergencies, inspections, parental concerns, and have access to all required information.
(k) “Standard precautions” means the use of barriers to handle potential exposure to biocontaminants, the process to clean and disinfect contaminated surfaces, and the process to dispose of biocontaminants.
(l) “Substitute teacher” means a child care staff member who is 16 years of age or older and is employed by the child care center, directly or indirectly, for compensation as a temporary replacement for a teacher and can be counted in child staff member to child ratios.
(h) (m) “Supervised volunteer” means a person an
individual 16 years of age or older, who provides service for a child care
center that is not compensated, and who is supervised at all times when
children are in care. A supervised volunteer cannot be counted in child
staff member to child ratios.
(n) “Teacher” means a child care staff member who is 16 years of age or older and is employed by the child care center for compensation to further the cognitive, social, emotional, and physical development of children in a child care center and can be counted in child care staff member to child ratios.
(o) “Therapeutic professionals” means an independent service provider who provides therapeutic services in a child care center, including, but not limited to, speech therapists, nutritionists, early interventionists, nurses, and other licensed health care professionals who are employed by an intermediate school district or local school district to provide services in a child care center to a child with a disability that has an active individualized education program or individualized family service plan.
(i) (p) “Unsupervised volunteer” means an individualchild
care staff member who is 18 16 years of age or older, who
provides service for a child care center that is not compensated, who has
been is determined eligible by the department to be unsupervised
with children, and can be counted in child care staff member to child
ratios.
(q) “Volunteer” means a supervised volunteer and an unsupervised volunteer.
(j) (r) “Well-defined
space” means space designed and used exclusively for a specific group of
children.
R 400.8107 Applicant qualifications; license application; fees.
Rule 107. (1) An applicant shall meet all of the following qualifications:
(a) Be suitable to meet the needs of children.
(b) Be able to ensure that the proposed services and facilities are conducive to the welfare of children.
(c) Act in a manner that is conducive to the welfare of children.
(d) Demonstrate a willingness and ability to comply with the act and these rules.
(2) An applicant for a license to operate a child care center shall complete, sign, and submit the department’s child care application, along with the applicable fee listed under section 5m of the act, MCL 722.115m, in the manner prescribed by the department.
(3) If the applicant elects a licensee designee, pursuant to section
1(cc) of the act, MCL 722.111,, then the applicant shall also
complete, sign, and submit the department’s child care licensee designee form
in the manner prescribed by the department.
(4) The department’s child care application form and child care licensee
designee form are available at no cost on the department’s website at
www.michigan.gov/michildcare. They are also available at no cost by calling
the department at (517) 284-9738 or (866) 685-0006. They are also available at
no cost at the Michigan Department of Licensing and Regulatory Affairs, Bureau
of Community and Health Systems, Child Care Division, 611 W. Ottawa St,
Lansing, MI 48933-1070.
(5)
(4) Before issuance of the original license, and before the renewal of a
license, an applicant or licensee shall comply with all applicable laws and
rules.
(5) Before issuance of the original license, and before the renewal of a license, an applicant or licensee shall submit the certificate of occupancy.
(6) If the school-age center is established and operated by an intermediate school board, the board of a local school district, by the board or governing body of a state-approved nonpublic school, or by a person or entity with whom a school contracts for services and is located in a school building that is approved by the state fire marshal or other similar authority for school purposes, an applicant or licensee is not required to submit a certificate of occupancy at original licensure or before the renewal of a license.
(7) Outdoor nature-based child care centers are exempt from subrule (5) of this rule, but the applicant or licensee shall provide both of the following before issuance of the original license, and before the renewal of a license:
(a) A location map including the location of the emergency shelter.
(b) Outdoor benefit-risk assessment.
R 400.8110 Applicant; licensee; licensee designee; requirements.
Rule 110. (1) The licensee or licensee designee shall do all of the following:
(a) Act in a manner that is conducive to the welfare of children.
(b) Comply with sections 5n and 5q of the act, MCL 722.115n and 722.115q, which requires obtaining a comprehensive background check.
(c) Be responsible for compliance with the act and these rules.
(d) Report to the department within 3 business days after any arraignment or conviction of 1 or more of the crimes listed in section 5r of the act, MCL 722.115r, and any subsequent conviction.
(2) The applicant, licensee, and licensee designee shall have the
administrative capability to operate the center in order to provide the
services and facilities that are conducive to the welfare of children.
(3) All of the following must be
in a place, that is accessible, and visible to parents:
(a) The current license and, if applicable, the letter extending the license beyond the expiration date, and a copy of the last page of any variances granted.
(b) A copy of these rules and a copy of the last
page of any variances granted must
be made available to the parents.
(c) A notice stating that the center requires a comprehensive background check on its employees and unsupervised volunteers.
(4) There must be a current licensing
notebook that includes all licensing inspections and, special
investigation reports, and corrective action plans, approval
letters for the last 5 3 calendar years, and a summary
sheet outlining the documents contained in the
notebook. The notebook
must always be in a place accessible to parents and prospective parents
at all times during the center’s normal hours of operation,
or if internet is available at the center, access may be provided through the department's electronic database of
licensing records for the entity.
(5) The actual number and ages of children in care at any time must never
exceed the number and ages of children for which the center is licensed.
(6) The licensee or licensee designee shall maintain accurate records
detailing daily arrival and departure times for each child care staff member,
child care aide, and volunteer.
(7) A child shall only be released to persons authorized by the child’s parent
or guardian.
(8) A child shall be released to either parent or the child’s guardian, unless
a court order prohibits release to a particular parent. A copy of the order
prohibiting release must be kept on file at the center.
(9) (5) Within 5 business days, the licensee shall
notify the department of the separation of a licensee designee, or program
administrator, or a central administrator approved under R 400.8113(12), and
a plan for replacement of the individual.
(10)
Written approval from the department must be obtained before making any changes
in the terms of the license, including but not limited to, adding use space,
changing age groups served, changing program components, changing the capacity
of the center, or making changes to a room or well-defined space that will
result in a change in capacity of the room or well-defined space.
(11) The records required by, the act and these rules must be retained for a
minimum of 2 calendar years or longer as specified in these rules, and made
available to the department upon request.
(12) The following records must be retained and available to the department:
(a) The name, address, and telephone number for each child enrolled and each
employee for at least 2 years after the individual leaves the center.
(b) Staff and volunteer health records, as required by R 400.8128, and
documentation of qualifications must be retained until the individual leaves
the center.
(c) The licensing notebook must be maintained and retained until the license
is closed.
(13) Smoking and vaping must not occur in or during both of the following:
(a) In the child care center or on real property that is under the control of
the center and upon which the center is located.
(b) On field trips and in vehicles when children are present.
(14) A center shall post a notice in a place
accessible and visible to parents, staff, and visitors stating that smoking and
vaping are prohibited in the center and on the center’s property.
(6) A licensee or licensee designee with a center located in a multiple occupancy building shall comply with section 118e of the act, MCL 722.118e.
R 400.8112
Comprehensive background check;
fingerprinting Children’s
records.
Rule 112. (1) Pursuant to sections 5n and 5q of the act, MCL 722.115n and
722.115q, before an individual has unsupervised contact with children, the
department shall determine the individual’s eligibility to be any of the
following:
(a) A licensee.
(b) A licensee designee.
(c) A child care staff member.
(d) A child care aide.
(e) An unsupervised volunteer.
(2) An applicant or licensee shall do
all of the following:
(a) Ensure that each individual who
requires an eligibility determination under subrule (1) of this rule completes,
signs, and submits all of the information required in subrule (5) of this rule,
and in subrule (6) of this rule if applicable, on a form prescribed by the department. The forms are available on the department’s website for the child
The form or forms must be signed and dated prior to
the individual’s appointment to be fingerprinted.www.michigan.gov/ccbc. The form or forms must be signed and dated prior to
the individual’s appointment to be fingerprinted.
(b) Maintain a copy of the completed and signed form or forms for each individual
entered into the child care background check system under the license.
(c) Provide to the department, upon request, a copy of the individual’s
completed and signed form or forms.
(d) Establish and activate
an account and accurately enroll each individual listed in subrule (1)
of this rule in the child care background check system.
(e) Within the department’s child care background check system, accurately
complete and maintain the connection, disconnection, or withdrawn status of
each individual associated with the license.
(f) Immediately disconnect each individual from the system once he or she is no
longer a licensee, licensee designee, child care staff member, child care aide,
or an unsupervised volunteer under the license.
(2) An individual may serve as a child care staff member pending an eligibility
determination by the department under sections 5n(8) and 5q of the act, MCL
722.115n and 722.115q, and shall be supervised at all times by the licensee or
a child care staff member who has been determined eligible.
(3) For an individual who is determined ineligible by the department, a
licensee shall immediately do all of the following:
(a) Prohibit the individual from being on the premises
of the child care center.
(b) Prohibit the individual from having any contact with children in care.
(c) Disconnect the individual from the child care background check system.
(4) An individual who requires a comprehensive background check under sections
5n and 5q of the act, MCL 722.115n and 722.115q, shall submit to the
department, on a form prescribed by the department, all personally identifiable
information necessary to conduct the comprehensive background check, including
all of the following:
(a) Full legal name.
(b) All other names used in the past, including any maiden name or alias, the
approximate date the other name was used, and the reason for the name change.
(c) Suffix, if applicable.
(d) Social Security number.
(e) Date of birth.
(f) Place of birth.
(g) Country of citizenship.
(h) Height.
(i)
Weight.
(j) Hair color.
(k) Eye color.
(l) Gender.
(m) Race.
(n) Current address.
(o) If the individual resided outside this state during the last 5 years, then provide each of those
addresses.
(p) Driver’s license identification number and state issuing the license or a
state identification number and state issuing it, if available.
(q) Phone number.
(r) Email address, if available.
(s) Any other information deemed reasonably necessary by the department to determine the eligibility of the
individual based on a name-based registry match.
(6) The department shall maintain the confidentiality of all personally
identifiable information submitted pursuant to this rule to the extent
permitted by law. (1) At the time
of a child’s initial attendance, a center shall obtain a child information card,
using a form provided by the department or a comparable substitute, that is
completed, signed, and dated by the child’s parent and updated as changes
occur. The center shall keep current hard copies of the child information cards
at the center.
(2) For children under school-age, at the time of a child’s initial attendance, a center shall document 1 of the following, accessed through the Michigan Care Improvement Registry or in a paper format if the parent or guardian chooses to provide to the center in that manner:
(a) A certificate of immunization showing a minimum of 1 dose of each immunizing agent specified by the department of health and human services.
(b) A medical contraindication form signed by a medical doctor or doctor of osteopathic medicine stating why the child cannot receive immunizations.
(c) A copy of a non-medical waiver on the official form prescribed by the department of health and human services and documented in the Michigan Care Improvement Registry and signed by the parent stating immunizations are not being administered due to religious, medical, or other reasons.
(d) A paper copy of a non-medical waiver on the official form prescribed by the department of health and human services signed by the parent stating immunizations are not being administered due to religious, medical, or other reasons.
(3) When a child under school-aged whose immunizations cannot be completed due to medical reasons, including, but not limited to, a dose waiting period, within 4 months after admittance, a child may remain enrolled for a reasonable length of time that is consistent with good medical practices. The center shall verify additional immunization requirements are current as specified by the department of health and human services unless there is a signed medical exemption filed certifying that the child is in the process of complying with all immunization requirements. The medical exemption must be on file with the center until it can be replaced with proof that the vaccines for which an exemption was granted have been received or the medical exemption has expired.
(4) A center shall report to the department of health and human services, by October 1 of each year and using the method established by the department of health and human services, immunizations for all children enrolled, under section 9211(2) of the public health code, 1978 PA 368, MCL 333.9211.
(5) A record of a physical evaluation performed within the preceding 13 months after initial attendance for infants, toddlers, and preschoolers must be retained on file and made accessible in the center within 30 days after a child’s initial attendance. The evaluation must note any restrictions and be signed by a physician or the physician’s designee. An electronic record from a physician’s office is accepted.
(6) Physical evaluations must be updated every 13 months for infants and toddlers, and every 2 years for preschoolers.
(7) For a school-age child, on enrollment and annually thereafter, a center shall obtain and keep on file at the center a signed statement from the parent confirming all of the following:
(a) The child is in good health with activity restrictions noted.
(b) The child’s immunizations are up-to-date.
(c) The immunization record or appropriate waiver is maintained on file either in the Michigan Care Improvement Registry or in paper format provided by the parent at the center. For a school-age child not enrolled in a public or private school, a licensed health care provider’s statement indicating the child is in the process of getting immunizations must be on file at the center.
(8) A center shall ensure that, if a parent objects to a physical examination or medical treatment on religious grounds, the parent provides a signed statement annually that the child is in good health and that the parent assumes responsibility for the child’s state of health while at the center.
(9) A center that enrolls a homeless child pursuant to section 722 of the McKinney-Vento homeless education assistance improvements act of 2001, as amended by section 9102 of the every student succeeds act, 42 USC 11432, shall not be cited for noncompliance when a homeless child is unable to produce health and immunization records. The licensee shall keep on file at the center any documentation of referring a child to the local educational agency liaison for homeless children and youths.
(10) A center shall keep on file at the center an accurate record of daily attendance at the center that includes each child’s first and last name and each child’s arrival and departure time.
(11) A child shall only be released to individuals authorized by the child’s parent or guardian.
(12) A child shall be released to either parent or the child’s guardian unless a court order prohibits release to a particular parent. A copy of the order prohibiting release must be maintained on file at the center.
(13) A parent’s written permission for routine transportation must be obtained annually and maintained on file at the center.
(14) A parent’s written permission for the child’s participation in field trips must be obtained at the time of enrollment or before each field trip and maintained on file at the center.
(15) Parents shall be notified before each field trip.
(16) For outdoor nature-based child care centers, a signed waiver by the parent that acknowledges and accepts the potential hazards and risks associated with the center must be maintained on file at the center.
R 400.8112a Department; information; eligibility determination Center
records.
Rule 112a. The
department may request information from an applicant, licensee, licensee
designee, child care staff member, child care aide, or unsupervised volunteer
regarding any of the conditions listed in sections 5n, 5q, 5r, and 11 of the
act, MCL 722.115n, 722.115q, 722.115r, and 722.121, and any similar
or equivalent conditions that occurred in another state or legal
jurisdiction in which the individual resided, on a form prescribed by the
department, and limited to information necessary to ascertain whether the
individual should be deemed ineligible under the statutory requirements. (1) The center shall maintain accurate
records detailing daily arrival and departure times for each staff member, volunteers, therapeutic professionals, and
independent service providers.
(2) The center shall designate and keep current, in the manner prescribed by the department, the title designations of teacher, lead teacher, site administrator, program administrator, substitute teacher, unsupervised volunteer, supervised volunteer, or other staff member for each individual working at the center.
(3) The records required by the act and these rules must be retained on file at the center or at the central office, as specified in the rules, for a minimum of 2 calendar years or longer as specified in these rules and made available to the department on request. Verification of records must be conducted by reviewing the 2 previous calendar years from the current license renewal year.
(4) The following records must be retained and be made available to the department:
(a) The name, address, and telephone number for each child enrolled and each staff member and unsupervised volunteer for not less than 2 years after the individual leaves the center.
(b) Staff and unsupervised volunteer documentation of qualifications must be retained for not less than 2 years after the individual leaves the center.
(c) The licensing notebook must be maintained and retained until the license is closed.
R 400.8112b Eligibility determination; individual who
resided out of the United States; self-certifying statement. Rescinded.
Rule 112b. An individual who requires an eligibility determination under section
5n of the act, MCL 722.115n, and resided out of the United States within
the preceding 5 years, shall also, under section 5n(2) of the act, MCL
722.115n(2), complete, sign and submit, on a form prescribed by the department,
a self-certifying statement that the individual does not have any of the
disqualifying conditions set forth in sections 5n, 5q, 5r, and 11 of the act,
MCL 722.115n, 722.115q, 722.115r, and 722.121.
R 400.8113 Program director qualifications; responsibilities. Information provided to
parents.
Rule 113. (1)
Before hiring a new program director, a licensee or licensee designee shall
submit a completed BCHS-CC 001 form, titled Child Care Licensing Information
Request, and the credentials of the proposed program director to the department
for review and approval.
(2) A program director shall be present in the center in the following manner:
(a) Full time for programs operating less than 6 continuous hours.
(b) At least 50% of the time children are in care but not less than a total of
6 hours per day for programs operating 6 or more continuous hours.
(3) All program directors are responsible for the general management of the
center, including the following minimum responsibilities:
(a) Developing, implementing, and evaluating program and center policies.
(b) Administering day-to-day operations, including being available to address
parent, child, and staff issues.
(c) Monitoring staff, including annual evaluations.
(4) If absent from the center, the program director shall designate a child
care staff member to be in charge.
(5) A substitute program director shall be appointed for a program director
who has left employment or has a temporary absence that exceeds 30 consecutive
workdays until return or replacement. A substitute program director shall at
least meet the qualifications of lead caregiver. The department shall be
notified when a substitute program director is appointed.
(6) A program director shall have all of the following qualifications:
(a) Be at least 21 years of age.
(b) Have earned a high school diploma or general equivalency diploma (GED).
(7) Early childhood program directors shall meet 1 of the following
qualifications shown in Table 1:
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(8) School-age program directors shall meet 1 of the following qualifications
shown in Table 2:
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(9) All program directors shall have at least 2 semester hours or 3.0 CEUs in
child care administration or have an administrative credential approved by the
department. These semester hours may satisfy a portion of the requirements of
subrules (7) and (8) of this rule. The program director may also use 30 hours
of administrative training from MiRegistry to meet these requirements.
(10) Any potential program director previously employed as an approved and
qualified program director is exempt from meeting subrule (9) of this rule.
(11) An early childhood program director or school age program director
employed as a program director for more than 10 years without a break in
service is exempt from the requirements in subrules (7) and (9) of this rule.
(12) A program director is exempt from the requirements of subrule (9) of this
rule with verification that all duties required by subrule (3)(a) and (c) of
this rule are handled by a central administrator, and the central administrator
meets the requirements of subrule (9) of this rule. Verification of the duties
and education of the central administrator must be made available to the
department upon request.
(13) Verification of the education, credentials, and experience of the program
director must be kept on file at the center or made available online at
MiRegistry.
(14) A program that has only a before school program or
an afterschool program, but not both, serving school-aged children may have a
program director that meets the qualifications of a site supervisor, as
specified in R 400.8119. (1) A center
shall provide a handbook,
electronically or hard copy, to each parent enrolling a child that includes at
least all of the following:
(a) Criteria for admission and withdrawal.
(b) Schedule of operation that denotes the hours, days, and holidays during
which the center is open and
services are provided.
(c) Fee policy.
(d) Discipline policy.
(e) Food service policy.
(f) Program philosophy.
(g) Typical daily routine.
(h) Parent notification plan for accidents, injuries, incidents, and illnesses.
(i) Transportation policy, if applicable.
(j) Medication policy.
(k) Exclusion policy for child illnesses.
(l) Notice of the availability of the center’s licensing notebook and that it contains the items described in R 400.8110(4).
(2) Documentation that the parent received the handbook, as required by subrule (1) of this rule, must be maintained on file at the center.
(3) For infants and toddlers, a center shall provide parents with a written daily record that includes at least the following information:
(a) Food intake time, type of food, and amount eaten.
(b) Sleeping patterns indicating when and how long the child slept.
(c) Elimination patterns, including bowel movements, consistency, and frequency.
(d) Developmental milestones.
(e) Changes in the child’s usual behaviors.
(4) Parents of children with special needs may request a written daily record that includes at least the information required by subrule (3) of this rule.
R 400.8116 Multi-site school-age program director. Rescinded.
Rule 116. (1)
A school-age program director with a bachelor’s degree or higher in a
child-related field may oversee up to 3 sites with the following conditions:
(a) Each program routinely operates 6 hours or fewer per day.
(b) The multi-site school-age program director is available to the site
supervisor during all hours of program operation.
(2) The
multi-site school-age program director shall be at each site a minimum of 1
session per week and maintain written documentation of site visits, including
dates and times.
R 400.8119 Site supervisor; qualifications; responsibilities. Rescinded.
Rule 119. (1) For
multi-site school-age programs with a school-age program director responsible
for more than 1 center, a site supervisor shall be present at each center
during all hours of operation.
(2) Site supervisors shall meet all of the following
requirements:
(a) Be at least 19 years of age.
(b) Have earned a high school diploma, GED, or equivalent.
(c) Have 480 hours of experience working as a child care staff member in a
program serving school-age children.
(d) Have completed 15 clock hours, 1 semester hour, or 1.5 CEUs of documented
school-age training.
(3) Site supervisors are responsible for the daily operation and implementation
of the site program, supervision of the site staff, and overall care and
supervision of children.
(4) Site supervisors shall assist the multi-site school-age program director in
all of the following:
(a) Developing, implementing, and evaluating program
and center policies.
(b) Administering day-to-day operations, including being available to address
parent, child, and staff issues.
(c) Monitoring and overseeing staff.
(5) Verification of the requirements of subrule (2) must be kept on file at the
center.
PART 2. ENVIRONMENTAL HEALTH
SPACE AND EQUIPMENT
R 400.8121 Indoor space.
Rule 121. (1) The required square footage of indoor space per child must be at least the following:
(a) Forty-two square feet for infants and toddlers.
(b) Thirty-five square feet for preschoolers and school-agers.
(c) Thirty-five square feet for small capacity centers, regardless of age.
(2) The following indoor space is excluded from the required square footage:
(a) Hallways.
(b) Bathrooms.
(c) Reception and office areas.
(d) Kitchens.
(e) Storage areas and closets.
(f) Areas used exclusively for resting, sleeping, or eating, except for infants and toddlers.
(3) A center shall provide a floor plan of all child use areas to the department at initial licensure and before making structural changes or adding any child use space. Only space that has received prior approval for child use by the department may be used for child care.
R 400.8122 Lead caregiver; qualifications; responsibilities. Rescinded.
Rule 122. (1) Lead caregivers are required only for groups of
children who are preschool age and younger.
(2) At least 1 lead caregiver shall be assigned to each group of children in a
self-contained or well-defined space and shall be present and providing care in
the assigned group in the following manner:
(a) Full time for programs operating less than 6 continuous hours.
(b) At least 6 hours per day for programs operating 6 or more continuous
hours.
(3) Lead caregivers shall be responsible for both of the following:
(a) Overseeing the planning, implementation, and evaluation of the classroom
program and child assessment.
(b) Overseeing child care staff members for a specific group of children and
overall care and supervision of children.
(4) Lead caregivers shall have both of the following qualifications:
(a) Be at least 19 years of age.
(b) Have a high school diploma or GED.
(5) Lead caregivers shall meet 1 of the following qualifications shown in
Table 3:
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(6) Lead caregivers qualified under subrule (5), Table 3, row (g) of this
rule, have 2 years from date of hire in this position to obtain an additional 6
semester hours, 9 CEUs, or a combination to equal 90 clock hours, or 90 hours
from MiRegistry.
(7) Lead caregivers for infants and toddlers shall have 3 semester hours, 4.5
CEUs, or 45 hours of MiRegistry approved infant and toddler development and
care practices within 6 months of hire. These semester hours or CEUs may
satisfy a portion of the requirements of subrule (6) of this rule.
(8) A substitute for a lead caregiver shall be appointed for a lead caregiver
who has left employment or has a temporary absence that exceeds 30 consecutive
workdays until return or replacement. A substitute lead caregiver has 90 days
to meet the qualifications of a lead caregiver.
(9)
Verification of the education, credentials, and experience of each lead
caregiver shall be kept on file at the center or at MiRegistry.
R
400.8125 Staff; volunteer; requirements. Outdoor play area.
Rule 125. (1) All staff and volunteers shall provide appropriate care and
supervision of children at all times.
(2) All staff and volunteers shall act in a manner that is conducive to the
welfare of children.
(3) All supervised volunteers shall receive a public sex offender registry
(PSOR) clearance before having any contact with a child in care. A copy of
this clearance must be kept on file at the center.
(4) A licensee shall have a written policy regarding
screening and supervision of staff and volunteers, including volunteers who are
parents of a child in care. The policy must include a statement that any
individual registered on the public sex offender registry (PSOR) is prohibited
from having contact with any child in care.
(5) A written statement must be signed and dated by staff and volunteers at
the time of hiring or before volunteering indicating all of the following
information:
(a) The individual is aware that abuse and neglect of children is against the
law.
(b) The individual has been informed of the center’s policies on child abuse
and neglect.
(c) The
individual knows that all staff and volunteers are required by law to
immediately report suspected abuse and neglect to children’s protective
services. (1) The outdoor play area is considered an outdoor classroom
and an extension of the learning environment.
(2) A center operating with children in attendance for 3 or more continuous hours per day shall provide daily outdoor play, unless prevented by inclement weather or other weather conditions that could result in children becoming overheated or excessively chilled.
(3) A center operating with children in attendance for 3 or more continuous hours a day shall have an outdoor play area that has not less than 1,200 square feet. More than 1,200 square feet of outdoor play area may be required when the minimum amount is not adequate for the number of children for which the center is licensed.
(4) If outdoor space is not available adjacent to the center, a center may use a park or other outdoor facility. The outdoor space must meet all of the following requirements:
(a) The area must be easily accessible by a safe walking route.
(b) The play area must be inspected before each use to ensure that no hazards are present.
(c) The location of the alternative outdoor play area must be specified in writing to the department.
(5) There must be a shaded area to protect children from excessive sun exposure, when necessary.
(6) The outdoor play area must be in a safe location.
(7) The outdoor play area must be protected from hazards, when necessary, by a fence or natural barrier that is not less than 48 inches in height.
(8) Children shall only use age-appropriate equipment.
(9) An outdoor play area and any equipment located on the center’s premises must be maintained in a safe condition and inspected daily before use to ensure that no hazards are present.
(10) The playground equipment, use zones, and surfacing in the outdoor play area must be inspected by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, on request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the department upon request and keep it on file at the center.
(a) All equipment present on a center playground must comply as with one of the following:
(i) Centers licensed after January 1, 2014 are required to obtain documentation of compliance with the 2010 edition of the Consumer Protection Safety Commission Handbook for Public Playground Safety for all playground equipment, including equipment for children under age 2. The 2010 edition of the Consumer Protection Safety Commission Handbook for Public Playground Safety from the United States Consumer Product Safety Commission is adopted by reference and applies only to this paragraph of this subrule. This handbook can be obtained for free from the United States Consumer Product Safety Commission’s website at https://www.cpsc.gov/safety-education/safety-guides/playgrounds/public-playground-safety-handbook, or from the United States Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 20814. This handbook can be inspected and obtained at no charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.
(ii) Centers licensed prior to January 2, 2014 were required to obtain documentation of compliance with the Consumer Product Safety Commission’s 1997 edition of the Handbook for Public Playground Safety for equipment for children age 2 and older. The 1997 edition of the Consumer Protection Safety Commission Handbook for Public Playground Safety from the United States Consumer Product Safety Commission is adopted by reference and applies only to this paragraph of this subrule. This handbook can be obtained for free from the United States Consumer Product Safety Commission’s website at https://files.eric.ed.gov/fulltext/ED427507.pdf, or from the United States Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 20814. This handbook can be inspected and obtained at no charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.
(11) All pieces of playground equipment that have an elevated playing or climbing surface, regardless of the height of the playing or climbing surface, must be surrounded by a shock absorbing surface and meet the guidelines defined by the United States Consumer Product Safety Commission Handbook for Public Playground Safety. The shock absorbing surface material may be either unitary or the loose-fill type. An exception to this subrule is provided for natural playgrounds.
(12) Shock-absorbing surfacing materials are not required for equipment that requires a child to be standing or sitting on the ground during play.
(13) Loose-fill surfacing material must not be installed over concrete or asphalt.
(14) The depth of the loose-fill surface material must be restored to its required depth when it has moved or becomes otherwise compromised.
(15) If children’s wheeled vehicles and pull toys are used, a suitable surface must be provided for their use.
(16) Materials used on a natural playground must not be in the use zones for other playground equipment.
(17) The elevated playing surface of materials used on a natural playground must not exceed 30 inches.
(18) Materials used on a natural playground with elevated playing surfaces must not be installed over concrete or asphalt.
(19) Surfacing materials are not required under elevated playing surfaces on a natural playground.
(20) A small capacity center is exempt from subrules (3), (10), and (11) of this rule.
(21) Small capacity centers shall abide by all of the following:
(a) Provide a clean, safe, and hazard-free outdoor play area on the premises or within a reasonable walking distance of the center.
(b) Inspect the outdoor play areas daily before use to ensure that no hazards are present.
(c) The play area size must be not less than 600 square feet.
(d) Provide an adequate and varied supply of outdoor play equipment, materials, and furniture that meets all of the following requirements:
(i) Appropriate to the developmental needs and interests of children.
(ii) Appropriate to the number of children.
(iii) Safe and in good repair.
(e) The outdoor play area and equipment must be organized to meet all of the following requirements:
(i) To separate active and quiet activities.
(ii) For a clear and unobstructed view of the whole play area.
(iii) To ensure that there are safe distances between equipment.
(f) When swings, climbers, slides, and other similar play equipment with a designated play surface above 30 inches are used, they must meet all of the following requirements:
(i) Not be placed over concrete, asphalt, or a similar surface, such as hard-packed dirt or grass.
(ii) Be safe, in good repair, and age appropriate.
(iii) Be placed not less than 6 feet from the perimeter of other play structures or obstacles.
(g) If the playground includes commercial playground equipment, the center needs a playground inspection by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, on request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the department on request and keep it on file at the center.
R 400.8128 Staff; volunteer; tuberculosis. Rescinded.
Rule 128. A
center shall keep on file at the
center evidence to verify that each child care staff member and each volunteer who has contact
with children at least 4 hours per week for more than 2 consecutive weeks is
free from communicable tuberculosis (TB). Verification of TB status is required
within 1 year before employment or volunteering.
R 400.8131 Professional development requirements. Equipment.
Rule 131. (1) The center shall provide an orientation about the center’s
policies and practices and these administrative rules for all personnel hired
after the effective date of these rules and before unsupervised contact with
children.
(2) Child care staff members shall have training that includes information
about prevention of sudden infant death syndrome and use of safe sleep
practices before caring for infants and toddlers.
(3) Before caring for children, all child care staff members and unsupervised
volunteers who work directly with children shall be trained on prevention of
shaken baby syndrome, abusive head trauma and child maltreatment, and
recognition and reporting of child abuse and neglect.
(4) Before unsupervised contact with children, all child care staff members
who work directly with children shall complete prevention and control of
infectious disease training, including immunizations.
(5) Within 90 days of being hired, or the first day as an unsupervised
volunteer, all child care staff members and unsupervised volunteers who work
directly with children shall complete the following trainings, which may count
toward annual professional development hours and are available at MiRegistry:
(a) Administration of medication.
(b) Prevention of and response to emergencies due to food and allergic
reactions.
(c) Building and physical premises safety.
(d) Emergency preparedness and response planning.
(e) Handling and storage of hazardous materials and appropriate disposal of bio-contaminants.
(f) Precautions in transporting children, if applicable.
(g) Child development.
(6) All child care staff members who work directly with children shall
complete 16 clock hours of professional development annually on topics relevant
to job responsibilities that include, but are not limited to, any of the
following subjects:
(a) Child development and learning.
(b) Health, safety, and nutrition.
(c) Family and community collaboration.
(d) Program management.
(e) Teaching and learning.
(f) Observation, documentation, and assessment.
(g) Interactions and guidance.
(h) Child care center administrative rules.
(7) A center may count CPR and first aid training for up to 2 hours of the
annual professional development hours in the year taken. Staff may use hours
from MiRegistry to meet the professional development requirements in subrule
(6) of this rule.
(8) An on-going professional development plan must be developed and
implemented to include all the training and professional development required
by these rules.
(9) On-line trainings and correspondence courses must have an assessment of
learning.
(11) Verification of all professional development required by this rule must
be kept on file at the center or online at MiRegistry. Verification must be
issued from the training organization or trainer and include the date of the
course, the name of the training organization or trainer, the topic covered,
and the number of clock hours. Training hours from MiRegistry also meet this
rule.
(12) When
the department of licensing and regulatory affairs or the department of
education publishes a notice that a new health and safety update document or a
new health and safety update training activity has been published on
MiRegistry, the licensee shall ensure that all personnel read and acknowledge
the document or complete the activity within 6 months of the notice. (1) A center shall not use equipment, toys, materials, and furnishings
recalled or identified by the United
States Consumer Product
Safety Commission as being
hazardous. This information is available
free of charge at the United States Consumer Product Safety Commission
website, www.cpsc.gov.
(2) The current list of unsafe children’s products must be conspicuously posted in the center as an actual hard copy or electronic access to the Consumer Product Safety Commission or its successor’s list of recalled children’s products, as required by section 15 of the children’s product safety act, 2000 PA 219, MCL 722.1065.
(3) Materials that have a warning label indicating they are toxic for children, or to keep out of reach of children, must not be used by children.
(4) Play equipment, materials, and furniture must be all of the
following
(a) Appropriate to the developmental needs and interests of children as required by R 400.8271(2).
(b) Safe, clean, and in good repair.
(c) Child-sized or appropriately adapted for a child’s use.
(d) Easily accessible to the children.
(5) A center shall provide a minimum of 3 playspaces per child multiplied by the number of children the center is licensed to serve.
(6) A minimum of 2 playspaces must be accessible per child in attendance on any given day during child-initiated activity time.
(7) Children shall have access to equipment and materials in the following areas on a daily basis:
(a) Large and small muscle activity.
(b) Sensory exploration.
(c) Social interaction and dramatic play.
(d) Discovery and exploration.
(e) Early math and science experiences.
(f) Creative experiences through art, music, and literature.
(8) A current and accurate equipment inventory must be provided to the department before issuance of the original license and updated and made available at each renewal.
(9) A first aid kit must be readily accessible to staff and securely stored in the center.
(10) A rocking chair or other comfortable, adult-sized seating must be provided for 50% of the program staff on duty who are providing infant and toddler care.
(11) Trampolines and bounce houses must not be used by children in care at the child care center.
(12) Teething necklaces, bracelets, or beads must not be used by children in care at the child care center.
(13) Specialized equipment prohibited by these rules may be used by a child if specified in their Individualized Family Service Plan or Individualized Education Program and in the manner described in their Individualized Family Service Plan or Individualized Education Program.
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400.8134 Hand washing. Sleeping Equipment.
Rule 134. (1) As used in this rule, "hand washing" means to
cleanse the hands with soap and warm running water for at least 20 seconds.
(2) All staff and volunteers shall wash their hands at all of the following
times:
(a) Prior to starting the workday at the center.
(b) Prior to care of children.
(c) Before preparing and serving food and feeding children.
(d) Before giving medication.
(e) After each diapering.
(f) After using the toilet or helping a child use the toilet.
(g) After handling bodily fluids.
(h) After handling animals and pets and cleaning cages.
(i) After handling garbage.
(j) When soiled.
(3) Staff and volunteers shall ensure that children wash their hands at all of
the following times:
(a) Before meals, snacks, or food preparation experiences.
(b) After toileting or diapering.
(c) After handling animals and pets.
(d) When soiled.
(4) Guidelines for hand washing must be posted in food preparation areas, in
toilet rooms, and by all hand washing sinks.
(5) Staff may wash children’s hands with non-toxic disposable wipes in the
following situations:
(a) When the child is too heavy to hold for handwashing.
(b) When the child cannot stand safely at the sink.
(c) When the child is not developmentally ready to hold his or her head.
(d) When the child has a special need, so the child is not able to wash his or
her own hands.
(6) When
soap and running water are not available during an outing, hand sanitizers, or
single-use wipes may be used as a temporary measure. (1) All
bedding and sleeping
equipment must be appropriate for the
child, clean, comfortable, safe, and in good repair.
(2) Heavy objects that could fall on a child, such as shelving and televisions, must not be above sleeping equipment.
(3) A crib or portable crib must be provided for all infants in care.
(4) A crib, portable crib, cot, or mat, and a sheet or blanket of appropriate size must be provided for all toddlers and preschoolers less than 3 years of age in care.
(5) Along with a cot or a mat, a sheet or blanket of appropriate size must be provided as follows:
(a) For all preschoolers 3 years of age and older in care for 5 or more continuous
hours.
(b) For any child in care who regularly naps.
(c) On a parent’s request for any child in care.
(6) Car seats, infant seats, swings, bassinets, and play yards are not approved sleeping equipment.
(7) Documentation from the child’s licensed health care provider is required if a child has a health issue or special need that requires the child to sleep in something other than a crib or portable crib for infants or toddlers, or cot or mat for toddlers. The documentation must include specific sleeping instructions and time frames for how long the child needs to sleep in this manner, including an end date.
(8) Swaddling with a sleep sack swaddle attachment or swaddle wrap is allowed only for infants up to 2 months of age. If a child has a health issue or special need that requires the child use a swaddle attachment or swaddle wrap after the child is 2 months of age, documentation from the child’s licensed health care provider is required. The documentation must include specific sleeping instructions and time frames for how long the child needs to sleep in this manner, including an end date.
(9) A center shall not use stacking cribs.
(10) Cribs and portable cribs must comply with the federal product safety standards issued by the United States Consumer Product Safety Commission.
(11) A crib or portable crib must have a firm, tight-fitting waterproof mattress.
(12) A tightly fitted bottom sheet must cover the crib or portable crib mattress with no additional padding placed between the sheet and mattress.
(13) Soft objects, bumper pads, stuffed toys, blankets, quilts, comforters, and other objects that could smother a child must not be placed in, or within reach of, a crib or portable crib with a resting or sleeping infant.
(14) Blankets must not be draped over cribs or portable cribs when in use.
(15) Cots and mats must be constructed of a fabric or plastic that is easily cleanable.
(16) All sleeping equipment and bedding must be cleaned and sanitized when soiled, between uses by different children, and at least once a week regardless of use by different children.
(17) When sleeping equipment and bedding are stored, both of the following apply:
(a) Sleeping surfaces must not come in contact with other sleeping surfaces.
(b) Bedding must not come in contact with other bedding.
(18) All occupied cribs, portable cribs, cots, and mats must be placed in a manner that there is a free and direct means of egress and be spaced as follows:
(a) Cribs and portable cribs must be not less than 2 feet apart when occupied. Cribs or portable cribs with solid-panel ends may be placed end-to-end.
(b) Cots and mats must be not less than 18 inches apart.
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400.8137 Diapering; toileting. Telephone service.
Rule 137. (1) Except as provided in subrule (2) of this rule, diapering
must occur in a designated diapering area that complies with all of the
following:
(a) Is physically separated from food preparation and food service.
(b) Is within close proximity to a sink that is used exclusively for hand
washing.
(c) Has non-absorbent, smooth, easily cleanable surfaces in good repair.
(d) Is of sturdy construction with railings or barriers to prevent falls.
(e) Is an elevated diapering table or similar structure.
(f) Is washed, rinsed, and sanitized after each use.
(2) Children 1 year of age and older may be changed in a bathroom standing up
or on a nonabsorbent, easily sanitized surface, with a changing pad between the
child and the surface.
(3) Diapering supplies must be within easy reach of the designated diapering
area.
(4) A plastic-lined, tightly covered container must be used exclusively for
disposable diapers and training pants and diapering supplies. The container
must be emptied and sanitized at the end of each day.
(5) Only single-use disposable wipes or other single-use cleaning cloths must
be used to clean a child during the diapering or toileting process.
(6) Diapers and training pants must be checked frequently and changed when wet
or soiled.
(7) Guidelines for diapering must be posted in diapering areas.
(8) Disposable gloves, if used for diapering, must only be used once for a
specific child and be removed and disposed of in a safe and sanitary manner
immediately after each diaper change.
(9) The following
apply when cloth diapers or training pants are used:
(a) Each cloth diaper must be covered with an outer waterproof covering.
Outer coverings must be removed as a singular unit with wet or soiled diapers
and with wet or soiled training pants, if used.
(b) Diapers, training pants, and outer coverings must not be reused until
washed and sanitized.
(c) Rinsing the contents must not occur at the center.
(d) Soiled diapers must be placed in a plastic-lined, covered container, wet
bag, or other waterproof container, and used only for that child’s soiled
diapers.
(e) Soiled diapers or training pants must be stored and handled in a manner
that will not contaminate any other items and must not be accessible to
children.
(f) Soiled diapers or training pants must be removed from the center every day
by the child’s parent.
(g) A child’s supply of clean diapers or training pants may only be used for
that child.
(10) Toilet learning or training must be planned cooperatively between the
child’s regular caregivers and the child’s parent so the toilet routine
established is consistent between the center and the child’s home.
(11) Equipment used for toilet learning or training must be provided. All of
the following equipment is acceptable for toilet learning or training:
(a) Adult-sized toilets with safe and easily cleanable modified toilet seats
and step aids.
(b) Child-sized toilets.
(c) Non-flushing toilets or potty chairs, if they are all of the following:
(i) Made of a material that is easily cleanable.
(ii) Used only in a bathroom area.
(iii) Used over a surface that is impervious to moisture.
(iv) Washed, rinsed, and sanitized after each use. (1) An
operable phone must be available and accessible onsite during the hours the
center is in operation.
(2) During the hours the center is in operation, a phone number known to the public and available to parents to provide immediate access to the center must be provided.
(3) Emergency phone numbers, including 911, fire, police, Michigan Mental Health Hotline (866-903-3783), and the poison control center, and the facility’s physical address and 2 main cross streets, must be conspicuously posted in a place visible to staff. For outdoor nature-based centers, emergency phone numbers including, 911, fire, police, and the poison control center, and the emergency location for emergency medical services to arrive must be available to all staff at all times while in operation and caring for children.
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400.8140 Discipline. Water supply; plumbing.
Rule 140. (1) Positive methods of discipline that encourage self-control,
self-direction, self-esteem, and cooperation must be used.
(2) All of the following means of punishment are prohibited:
(a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of
corporal punishment.
(b) Placing any substances in a child’s mouth, including but not limited to,
soap, hot sauce, or vinegar.
(c) Restricting a child’s movement by binding or tying him or her.
(d) Inflicting mental or emotional punishment, such as humiliating, shaming,
or threatening a child.
(e) Depriving a child of meals, snacks, rest, or necessary toilet use.
(f) Excluding a child from outdoor play or other gross motor activities.
(g) Excluding a child from daily learning experiences.
(h) Confining a child in an enclosed area, such as a closet, locked room, box,
or similar enclosure.
(i) Time out must not be used for children under 3 years of age.
(3) Non-severe and developmentally appropriate discipline or restraint may be
used when reasonably necessary, based on a child’s development, to prevent a
child from harming himself or herself or to prevent a child from harming other
persons or property, excluding those forms of punishment prohibited by subrule
(2) of this rule.
(4) A
written policy must be developed and implemented regarding the age appropriate,
non-severe discipline of children. The policy must be provided to staff and
parents. (1) The water system must comply with the requirements of the local health department.
(2) Plumbing must be designed, constructed, installed, and maintained to prevent cross-connection with the water system.
(3) Sinks, lavatories, drinking fountains, and other water outlets must be supplied with safe water sufficient in quantity and pressure to meet conditions of peak demand.
(4) All plumbing fixtures and water and waste pipes must be properly installed and maintained in good working condition.
(5) Each water heater must be equipped with a thermostatic temperature control and a pressure relief valve, both of which must be in good working condition.
R 400.8143
Children’s records. Toilets; hand washing
sinks.
Rule
143. (1) At the time of a child’s
initial attendance, a center shall obtain a child information card, using a
form provided by the department or a comparable substitute, that is completed
and signed by the child’s parent. The center shall keep it on file and
accessible in the center.
(2) Child information cards must be reviewed and updated by parents at least
annually and when the center becomes aware of changes.
(3) For children under school-age, at the time of a child’s initial
attendance, a center shall obtain, keep on file, and make accessible in the
center 1 of the following:
(a) A certificate of immunization showing a minimum of 1 dose of each
immunizing agent specified by the department of health and human services
(DHHS).
(b) A copy of a waiver addressed to DHHS and signed by the parent stating
immunizations are not being administered due to religious, medical, or other
reasons.
(4) When a child under school-age whose immunizations were not up-to-date at
the time of enrollment has been in attendance for 4 months, an updated
certificate showing completion of all additional immunization requirements as
specified by DHHS must be kept on file, unless there is a signed statement by a
licensed health care provider stating immunizations are in progress.
(5) A center shall report to DHHS, by October 1 of each year and using the
method established by the DHHS, immunizations for all children enrolled, under
section 9211(2) of the public health code, 1978 PA 368, MCL 333.9211(2).
(6) Within 30 days of a child’s initial attendance, a center shall obtain, keep
on file, and make accessible in the center a record of a physical evaluation of
the child that notes any restrictions and is signed by a physician or the
physician’s designee. An electronic record from a physician’s office will be
accepted. The physical evaluation must be performed within 1 of the following
time limits:
(a) For an infant, within the preceding 3 months.
(b) For toddlers, within the preceding 6 months.
(c) For preschoolers, within the preceding 12 months.
(7) Physical evaluations must be updated as follows:
(a) Yearly for infants and toddlers.
(b) Every 2 years for preschoolers.
(8) Upon enrollment and annually thereafter, a center shall obtain and keep
on file at the center a signed statement from a school-age child’s parent
confirming all of the following:
(a) The child is in good health with activity restrictions noted.
(b) The child’s immunizations are up-to-date.
(c) The immunization record or appropriate waiver is on file with the child’s
school.
(9) A center shall ensure that, if a parent objects to a physical examination
or medical treatment on religious grounds, then the parent provides a signed
statement annually that the child is in good health and that the parent assumes
responsibility for the child’s state of health while at the center.
(10) A center that enrolls a homeless child pursuant to the section 722 of the
McKinney-Vento homeless education assistance improvements act of 2001, as
amended by section 9102 of the every student succeeds act, 42 USC 11432, shall
not be cited for noncompliance when a homeless child is unable to produce
health and immunization records. The licensee shall file any documentation of
referring a child to the local educational agency liaison for homeless children
and youths.
(11) A center shall maintain an accurate record of daily attendance at the
center that includes each child’s first and last name and each child’s arrival
and departure time. Electronic records may be used. If electronic attendance
records are used, then they must be available to the department at the time of
an inspection. If the electronic attendance records are not available during an
on-site inspection, then the center is in violation of this rule.
(12) A parent’s written permission for the child’s participation in field
trips must be obtained at the time of enrollment or before each field trip, and
kept on file at the center.
(13) Parents
shall be notified before each field trip. (1) A center shall provide toilet
and hand washing sinks
as follows:
(a) A center operating with children toddler age or older in attendance less than 5 continuous hours a day shall provide at least 1 toilet and 1 hand washing sink for every 20 children toddler age or older or fraction thereof.
(b) A center operating with children toddler age or older in attendance 5 or more continuous hours a day shall provide at least 1 toilet and 1 hand washing sink for every 15 children toddler age or older or fraction thereof.
(2) Any center that is new, adds an infant and toddler component, or increases the infant and toddler capacity shall have a diapering area with a readily accessible, designated hand washing sink.
(3) A separate hand washing sink is required in the kitchen for all of the following:
(a) A new center with a food service component.
(b) A center with a food service component that remodels the kitchen.
(c) Any center that adds a food service component.
(4) Hand washing sinks for children must be accessible to children by platform or installed at children’s level.
(5) Hand washing sinks must have warm running water not to exceed 120 degrees Fahrenheit.
(6) Soap and single service towels or other approved hand drying devices must be provided near hand washing sinks.
(7) Toilet rooms for school-age children must provide for privacy.
R 400.8143a Outdoor nature-based child care center toilets; hand washing sinks.
Rule 143a. (1) Outdoor nature-based child care centers are exempt from R 400.8350.
(2) Outdoor nature-based child care centers shall have access to the use of toileting facilities in a public park or nature center if the bathrooms are checked for cleanliness and safety before the children’s use and the toilet seats, sinks, or other surfaces that children touch are cleaned and disinfected daily.
(3) For the toileting options described in subrule (2) of this rule and to ensure successful toileting and handwashing practices, a center shall ensure children have independent access to sufficient toilets, urinals, toilet paper, handwashing equipment, and staff support.
(4) Centers shall include a toileting policy in the parent handbook.
R 400.8146 Information provided to  Sewage disposal.
Rule 146. (1) A center shall provide a written information packet to each
parent enrolling a child that includes at least all of the following:
(a) Criteria for admission and withdrawal.
(b) Schedule of operation, denoting hours, days, and holidays during which the
center is open, and services are provided.
(c) Fee policy.
(d) Discipline policy.
(e) Food service policy.
(f) Program philosophy.
(g) Typical daily routine.
(h) Parent notification plan for accidents, injuries, incidents, and
illnesses.
(i) Transportation policy, if applicable.
(j) Medication policy.
(k) Exclusion policy for child illnesses.
(l) Notice of the availability of the center’s licensing notebook. The notice
must include all of the following:
(i) The licensing notebook contains all the licensing inspection and special
investigation reports and related corrective action plans for the last 5 years.
(ii) The licensing notebook is available to parents during regular business
hours.
(iii) Licensing inspection reports, special investigation reports, and
corrective action plans from at least the past 3 years are available on the
department’s child care licensing website at www.michigan.gov/michildcare. The website address must be in bold print.
(m) The website where parents can access these rules is
www.michigan.gov/michildcare.
(2) Written documentation that the parent received the written information
packet, as required by subrule (1) of this rule, must be kept on file at the
center.
(3) For infants and toddlers, a center shall provide parents with a written
daily record that includes at least the following information:
(a) Food intake time, type of food, and amount eaten.
(b) Sleeping patterns indicating when and how long the child slept.
(c) Elimination patterns, including bowel movements, consistency, and
frequency.
(d) Developmental milestones.
(e) Changes in the child’s usual behaviors.
(4) Parents of children with special needs may request a written daily record
that includes at least the information required by subrule (3) of this rule. (1) Sewage and other water-carried wastes must be disposed of through a municipal or private sewer system.
(2) Private sewer and septic systems must be designed and operated to safely dispose of all wastewater generated, be adequate in size for the projected use, and meet the criteria of the local health department.
R 400.8149 Parent
permission for transportation. Garbage
and refuse.
Rule 149. (1) A center shall obtain a parent’s written permission annually
for routine transportation.
(2) A center shall obtain a parent’s written permission for any non-routine
transportation before each trip.
(3) Permission for all transportation must be kept on file at the center. (1) All garbage
must be removed from the center daily.
(2) Garbage containers must be washed when soiled.
(3) Garbage stored outside must be in sealed plastic bags in watertight containers with tight-fitting covers or in a covered dumpster.
(4) Outside garbage and refuse must be picked up or removed at a minimum of once a week.
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400.8152 Medication; administrative procedures. Heating; temperature.
Rule 152. (1) Medication, prescription or nonprescription, must be given
to a child by a child care staff member only.
(2) A child care staff member shall give or apply medication, prescription or
nonprescription, only with prior written permission from a parent.
(3) All medication must be in its original container, stored according to
instructions, and clearly labeled for a named child, including all
nonprescription topical medications described in subrule (8) of this rule.
(4) Prescription medication must have the pharmacy label indicating the
physician’s name, child’s first and last name, instructions, name and strength
of the medication, and must be given according to those instructions.
(5) A child care staff member shall keep all medication out of the reach of
children and shall return it to the child’s parent or destroy it when the
parent determines it is no longer needed or it has expired.
(6) A child care staff member shall give or apply any prescription or
nonprescription medication according to the directions on the original
container, unless otherwise authorized by a written order of the child’s physician.
(7) A child care staff member shall not add medication to a child’s bottle,
beverage, or food unless indicated on the prescription label.
(8) Topical nonprescription medication, including but not limited to diapering
cream, triple antibiotic, sunscreen, and insect repellant, requires written
parental authorization annually.
(9) A center
shall maintain a record as to the time and the amount of medication given or
applied, with the exception of medications described in subrule (8) of this
rule, on a form provided by the department or a comparable substitute approved
by the department. One form per medication is required. The signature of the
child care staff member administering the medication must be included. (1) The temperature in child use areas
must be maintained at a safe and comfortable level so that children in care do
not become overheated or chilled.
(2) The indoor temperature must be not less than 68 degrees Fahrenheit in child use areas at a point 2 feet above the floor.
(3) If indoor temperatures exceed 82 degrees Fahrenheit, a center shall take measures to cool the children.
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400.8155 Child accidents and incidents; child and staff illness. Light,
ventilation, and screening.
Rule 155. (1)A center shall have a written plan for how and when a parent
is notified when personnel observe any of the following:
(a) Changes in a child’s health.
(b) A child experiences an accident, injury, or incident.
(c) A child is too ill to remain in the group.
(2) A center shall ensure that a child who is too ill to remain in the group
is placed in a separate area and is cared for and supervised until the parent
arrives.
(3) Items and facilities used by an ill child or adult must not be used by any
other individual until washed, rinsed, and sanitized.
(4) If a center becomes aware that a staff member, volunteer, or child in
care has contracted a communicable disease, then the center shall notify
parents and provide all of the following information:
(a) The name of the communicable disease the children were exposed to.
(b) The symptoms of the disease.
(c) Prevention measures as recommended by the U.S. Centers for Disease Control
and Prevention (CDC) at the following website:
https://www.cdc.gov/DiseasesConditions.
(5) A center
shall have a written policy detailing when children, staff, and volunteers will
be excluded from the center due to illness. (1) The total ventilation area in every habitable room, as provided
by openable windows, must be not less than 4.5% of the floor area, unless
central air conditioning is provided.
(2) If ventilation is dependent on a mechanical system, the system must be on at all times while the building is occupied and comply with the ventilation requirements of the applicable mechanical code of the authority having jurisdiction.
(3) Windows and doors used for ventilation must be supplied with screening of not less than 16 mesh, which must be maintained in good repair. This subrule does not apply to child care programs operating in school buildings.
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400.8158 Incident, accident, injury, illness, death, fire reporting. Premises.
Rule 158. (1) In the event of the death of a child in care, a licensee,
licensee designee, or program director shall do both of the following:
(a) Immediately report it, in-person or via phone, directly to the child’s
parent.
(b) Report it to the department within 24 hours, via phone.
(2) A licensee, licensee designee, or program director shall report to the
child’s parent and the department, directly or via phone, fax, or email, within
24 hours of the occurrence of any of the following:
(a) A child is lost or left unsupervised.
(b) An incident involving an allegation of inappropriate contact.
(c) A fire on the premises of the center that requires the use of fire
suppression equipment or results in loss of life or property.
(d) The center is evacuated for any reason.
(3) A licensee, licensee designee, or program director shall report to the
department, via phone, fax, or email, within 24 hours of notification by a
parent that a child received medical treatment or was hospitalized for an
injury, accident, or medical condition that occurred while the child was in
care.
(4) A licensee, licensee designee, or program director shall submit a written
report to the department of the occurrences outlined in subrules (1), (2), and
(3) of this rule, in a format provided by the department, within 72 hours of
the verbal report to the department.
(5) A
licensee, licensee designee, or program director shall keep a copy of the report
on file at the center. (1) The center shall be located on land that provides good natural
drainage or that is properly drained.
(2) Stairs, walkways, ramps, landings, and porches must meet all of the following requirements:
(a) If elevated, have barriers to prevent falls and handrails designed and constructed for use by children.
(b) Be maintained in a safe condition relative to the accumulation of water, ice, or snow and have nonslip surfacing.
(c) Landings must be located outside exit doors where steps or stairs are necessary and be at least as wide as the swing of the door.
(d) Stairway steps must be not more than 8 inches in height, with a minimum tread depth of 9 inches.
(e) Ramps, if used, must have a minimum rise-to-run ratio of 1-to-12.
(3) Doors opening to the outside must not be propped open.
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400.8161 Emergency procedures. Maintenance of premises.
Rule 161. (1) Written procedures for the care of children and staff for
each of the following emergencies must be developed and implemented:
(a) Fire.
(b) Tornado.
(c) Other natural or man-made disasters.
(d) Serious accident, illness, or injury.
(e) Crisis management including, but not limited to, intruders, active
shooters, bomb threats, and other man-made events.
(2) The written procedures must include all of the following:
(a) A plan for evacuation.
(b) A plan for safely moving children to a relocation site.
(c) A plan for shelter-in-place.
(d) A plan for lockdown.
(e) A plan for contacting parents and reuniting families.
(f) A plan for how each child with special needs will be accommodated during
each type of emergency.
(g) A plan for how infants and toddlers will be accommodated during each type
of emergency.
(h) A plan for how children with chronic medical conditions will be
accommodated during each type of emergency.
(3) The plans required by subrule (1)(a) to (d) of this rule must be posted in
a place visible to staff and parents.
(4) The crisis management plan required by subrule (2) of this rule must be
maintained in a place known and easily accessible to all personnel.
(5) A fire drill program, consisting of at least 1 fire drill quarterly, must
be established and implemented.
(6) A tornado drill program, consisting of at least 2 tornado drills between
the months of March through November, must be established and implemented.
(7) A written log indicating the date and time of fire and tornado drills must
be kept on file at the center.
(8) Each child care staff member shall be trained at least twice a year on his
or her duties and responsibilities for all emergency procedures referenced in
subrule (1) of this rule.
(9) If cribs
are used in emergency evacuations, then all doors within the means of egress
must be wide enough to readily accommodate the crib evacuation. (1) The premises must be maintained in a clean
and safe condition and must not pose a threat to health or safety.
(2) The premises must be maintained so as to eliminate and prevent rodent and insect harborage.
(3) Roofs, exterior walls, doors, skylights, and windows must be weathertight and watertight and maintained in sound condition and good repair.
(4) Floors, interior walls, and ceilings must be maintained in sound condition, good repair, and maintained in a clean condition.
(5) There must be no flaking or deteriorating paint on interior and exterior surfaces or on equipment accessible to children.
(6) All toilet room floor surfaces must be easily cleanable and constructed and maintained so as to be impervious to water.
(7) Light fixtures, vent covers, wall-mounted fans, and similar equipment attached to walls and ceilings must be easily cleanable and maintained in good repair.
(8) A lead-based paint inspection and lead hazard risk assessment along with a lead hazard risk assessment summary form provided by the department must be completed by a certified lead risk assessor on all centers built before 1978. The assessment must be completed for all child use areas, including any outdoor play areas. Any lead hazards identified must be addressed and lead clearance must be performed and results provided to the department before issuance of the original license. The results of the assessment or assessments and the summary form or forms must be maintained on file at the center.
(9) If a center is located in a new addition to a building constructed before 1978 and the older part of the building is never used by children in care, the center is exempt from subrule (8) of this rule if the center submits a statement to the department that the part of the building constructed before 1978 will not be used by children in care.
(10) A center shall adopt and implement an integrated pest management policy as required by section 8316 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8316.
R
400.8164 Telephone service. Poisonous or toxic materials.
Rule 164. (1) An operable phone must be available and accessible in the
building during the hours the center is in operation.
(2) During the hours the center is in operation, a phone number known to the
public and available to parents to provide immediate access to the center must
be provided.
(3) Emergency phone numbers, including 911, fire, police, and the poison
control center, and the facility’s physical address and 2 main cross streets,
must be conspicuously posted in a place visible to staff. Containers of poisonous or toxic materials must be
clearly labeled for easy identification of contents and stored out of reach of
children. This includes chemical sanitizers and disinfectants.
R
400.8167 Indoor space. Smoking or vaping.
Rule 167. (1) The required square footage of indoor space per child must
be at least the following:
(a) Fifty square feet for infants and toddlers.
(b) Thirty-five square feet for preschoolers and school-agers.
(2) The following indoor space is excluded from the required square footage:
(a) Hallways.
(b) Bathrooms.
(c) Reception and office areas.
(d) Kitchens.
(e) Storage areas and closets.
(f) Areas used exclusively for resting, sleeping, or eating, except for
infants and toddlers.
(3) A center shall provide a floor plan of all child use areas to the department
at initial licensure and before making structural changes or adding any child
use space. Only space that has received prior approval for child use by the
department may be used for child care. (1) Smoking and vaping must not
occur at any time in or during
both of the following:
(a) In the child care center or on real property that is under the control of the center and upon which the center is located.
(b) On field trips and in vehicles when children are present.
(2) A center shall post a notice in a place accessible and visible to parents, staff, and visitors stating that smoking and vaping are prohibited in the center and on the center’s property.
R
400.8170 Outdoor play area. Rescinded.
Rule 170. (1) As used in this rule:
(a) “Certified playground safety inspector” means an individual certified by
the National Playground Safety Institute or the National Program for Playground
Safety to conduct playground safety inspections.
(b) “Natural playground” means an outdoor play area that blends natural
materials, features, and vegetation.
(2) The outdoor play area is considered an outdoor classroom and an extension
of the learning environment.
(3) A center operating with children in attendance for 3 or more continuous
hours per day shall provide daily outdoor play, unless prevented by inclement
weather or other weather conditions that could result in children becoming
overheated or excessively chilled.
(4) A center operating with children in attendance for 3 or more continuous
hours a day shall have an outdoor play area that has at least 1,200 square
feet. More than 1,200 square feet of outdoor play area may be required when
the minimum amount is not adequate for the number of children for which the
center is licensed.
(5) If outdoor space is not available adjacent to the center, then a center
may use a park or other outdoor facility. The outdoor space must meet all of
the following requirements:
(a) The area must be easily accessible by a safe walking route.
(b) The play area must be inspected before each use to ensure that no hazards
are present.
(c) The location of the alternative outdoor play area must be specified in
writing to the department.
(6) There must be a shaded area to protect children from excessive sun
exposure, when necessary.
(7) The outdoor play area must be in a safe location.
(8) The outdoor play area must be protected from hazards, when necessary, by a
fence or natural barrier that is at least 48 inches in height.
(9) Children shall only use age-appropriate equipment.
(10) An outdoor play area and any equipment located on the center’s premises
must be maintained in a safe condition and inspected daily before use to ensure
that no hazards are present.
(11) The playground equipment, use zones, and surfacing in the outdoor play
area must be inspected by a certified playground safety inspector and an
approval granted for playground equipment and areas used before issuance of an
original license, upon request of the department, and before using any newly
added playground equipment. The center shall provide documentation of the
inspection to the department upon request and shall keep it on file at the
center.
(12) School-age centers operating in school buildings approved by the Michigan
department of education are exempt from subrule (11) of this rule, provided the
licensee informs parents, in writing at the time of enrollment, if the center
plans to use a public school’s outdoor play area and equipment that do not
comply with subrule (11) of this rule.
(13) All pieces of playground equipment that have an
elevated playing or climbing surface, regardless of the height of the playing
or climbing surface, must be surrounded by a shock absorbing surface and meet
the guidelines defined by the Consumer Product Safety Commission (CPSC)
Handbook for Public Playground Safety, which is available at no cost at
www.cpsc.gov. This handbook is also available for inspection, and distribution
at no cost, at the Michigan Department of Licensing and Regulatory Affairs,
Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa
Street, Lansing, MI 48933. The shock absorbing surface material may be either
unitary or the loose-fill type. An exception to this subrule is provided for
natural playgrounds.
(14) Shock-absorbing surfacing materials are not required for
equipment that requires a child to be standing or sitting on the ground during
play.
(15) Loose-fill surfacing material must not be installed over concrete or
asphalt.
(16) The depth of the loose-fill surface material must be restored to its
required depth when it has moved or becomes otherwise compromised.
(17) If children’s wheeled vehicles and pull toys are used, then a suitable
surface must be provided for their use.
(18) Materials used on a natural playground must not
be in the use zones for other playground equipment.
(19) The elevated playing surface of materials used on a natural playground
must not exceed 30 inches.
(20) Materials used on a natural playground with elevated playing surfaces
must not be installed over concrete or asphalt.
(21) Surfacing materials are not required under elevated playing surfaces on a
natural playground.
R
400.8173 Equipment. Rescinded.
Rule 173. (1) A center shall not use equipment, materials, and furnishings
recalled or identified by the United States Consumer Product Safety Commission
(CPSC) as being hazardous. This information is available free of charge at the
CPSC website, www.cpsc.gov.
(2) The current list of unsafe children’s products that is provided by the
department must be conspicuously posted in the center, as required by section
15 of the children’s product safety act, 2000 PA 219, MCL 722.1065.
(3) Materials that have a warning label indicating they are toxic for
children, or to keep out of reach of children, must not be used by children.
(4) Play equipment, materials, and furniture, must be all of the following:
(a) Appropriate to the developmental needs and interests of children as
required by R 400.8179(2).
(b) Safe, clean, and in good repair.
(c) Child-sized or appropriately adapted for a child’s use.
(d) Easily accessible to the children.
(5) A center shall provide a minimum of 3 playspaces per child multiplied by
the number of children the center is licensed to serve.
(6) A minimum of 2 playspaces must be accessible per child in attendance on
any given day during child-initiated activity time.
(7) Children shall have access to equipment and materials in the following
areas on a daily basis:
(a) Large and small muscle activity.
(b) Sensory exploration.
(c) Social interaction and dramatic play.
(d) Discovery and exploration.
(e) Early math and science experiences.
(f) Creative experiences through art, music, and literature.
(8) A current and accurate equipment inventory must be provided to the
department before issuance of the original license and updated and made
available at each renewal.
(9) A first aid kit must be readily accessible to staff and securely stored in
the center.
(10) A rocking chair or other comfortable, adult-sized seating must be
provided for 50% of the child care staff members on duty who are providing
infant and toddler care.
(11) Trampolines and bounce houses must not be used by children in care at the
child care center.
R
400.8176 Sleeping equipment. Rescinded.
Rule 176. (1) All bedding and sleeping equipment must be appropriate for the
child, clean, comfortable, safe, and in good repair.
(2) Heavy objects that could fall on a child, such as shelving and
televisions, must not be above sleeping equipment.
(3)
A crib or porta-crib must be provided for all infants in care.
(4) A crib, porta-crib, cot, or mat, and a sheet or blanket of appropriate
size must be provided for all toddlers and preschoolers under 3 years of age in
care.
(5) A cot or a mat and a sheet or blanket of appropriate size must be provided
as follows:
(a) For all preschoolers 3 years of age and older in care for 5 or more
continuous hours.
(b) For any child in care who regularly naps.
(c) Upon a parent’s request for any child in care.
(6) Car seats, infant seats, swings, bassinets, and play yards are not
approved sleeping equipment.
(7) Documentation from the child’s health care provider is required if a child
has a health issue or special need that requires the child to sleep in
something other than a crib or porta-crib for infants or toddlers, or cot or
mat for toddlers. The documentation must include specific sleeping
instructions and time frames for how long the child needs to sleep in this
manner, including an end date.
(8) Swaddling with a sleep sack swaddle attachment or swaddle wrap is allowed
only for infants up to 2 months of age. If a child has a health issue or
special need that requires the child use a swaddle attachment or swaddle wrap
after the child is 2 months of age, documentation from the health provider is
required. The documentation must include specific sleeping instructions and
time frames for how long the child needs to sleep in this manner, including an
end date.
(9) A center shall not use stacking cribs.
(10) Cribs and porta-cribs must comply with the federal product safety
standards issued by the United States Consumer Product Safety Commission, which
are available at no cost at the commission’s website, www.cpsc.gov. These standards
are also available for inspection or distribution at no cost from the Michigan
Department of Licensing and Regulatory Affairs, Bureau of Community and Health
Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI 48933.
(11) A crib or porta-crib must have a firm, tight-fitting waterproof mattress.
(12) A tightly fitted bottom sheet must cover the crib or porta-crib mattress
with no additional padding placed between the sheet and mattress.
(13) Soft objects, bumper pads, stuffed toys, blankets, quilts, comforters,
and other objects that could smother a child must not be placed in, or within
reach of, a crib or porta-crib with a resting or sleeping infant.
(14) Blankets must not be draped over cribs or porta-cribs when in use.
(15) Cots and mats must be constructed of a fabric or plastic that is easily
cleanable.
(16) All sleeping equipment and bedding must be washed, rinsed, and sanitized
when soiled, between uses by different children, and at least once a week
regardless of use by different children.
(17) When sleeping equipment and bedding are stored, both of the following
apply:
(a) Sleeping surfaces shall not come in contact with other sleeping surfaces.
(b) Bedding must not come in contact with other bedding.
(18) All occupied cribs, porta-cribs, cots, and mats must be placed in such a
manner that there is a free and direct means of egress and must be spaced as
follows:
(a) Cribs and porta-cribs must be at least 2 feet apart. Cribs or porta-cribs
with solid-panel ends may be placed end-to-end.
(b) Cots and mats must be at least 18 inches apart.
R
400.8179 Program. Rescinded.
Rule 179. (1) As used in this rule:
(a) “Confining equipment” means equipment used to assist in caring for
infants, including but is not limited to, swings, stationary activity centers,
infant seats, and molded seats.
(b) “Media” means use of electronic devices with a screen, including but not
limited to: televisions, computers, tablets, multi-touch screens, interactive
white boards, mobile devices, cameras, movie players, e-book readers, and
electronic game consoles.
(c) “Interactive media” means media designed to facilitate active and creative
use by children and to encourage social engagement with other children and
adults.
(d) “Non-interactive media” means media that is used passively by children.
(2) A center shall implement a program plan that includes daily learning
experiences appropriate to the developmental level of the children.
Experiences must be designed to develop all of the following:
(a) Physical development.
(b) Social development.
(c) Emotional development.
(d) Cognitive development.
(3) The program must be planned to provide a flexible balance of all of the
following experiences:
(a) Quiet and active.
(b) Individual and group.
(c) Large and small muscle.
(d) Child initiated, and staff initiated.
(4) Developmentally appropriate experiences must be designed so that
throughout the day each child has opportunities to do all of the following:
(a) Practice social interaction skills.
(b) Use materials and take part in activities that encourage creativity.
(c) Learn new ideas and skills.
(d) Participate in imaginative play.
(e) Participate in developmentally appropriate language and literacy
experiences.
(f) Participate in early math and science experiences.
(g) Be physically active.
(5) A school-age program must supplement the areas of development not
regularly provided for during the school day.
(6) A typical daily routine must be posted in a place visible to parents.
(7) When awake, use of confining equipment for infants must be minimized, not
to exceed 30 minutes at a time.
(8) Tummy time is required daily for all infants under 12 months of age, and
must meet all of the following requirements:
(a) Infants shall be directly supervised at all times while engaged in tummy
time.
(b) Infants shall be healthy, awake, and alert during tummy time. If an
infant falls asleep, the infant must be immediately moved to a safe sleeping
space.
(c) During tummy time, infants shall not be placed on or near soft surfaces,
including but not limited to cushions, pillows, or padded mats.
(d) A parent may request in writing an exemption for their infant from tummy
time. The request must be kept in the child’s file.
(9) Use of media is prohibited for children under 2 years of age.
(10) When media are used with children 2 years of age and older, all of the
following apply:
(a) Activities must be developmentally appropriate.
(b) Interactive media must be used to support learning and to expand
children’s access to content, and be suitable to the age of the child in terms
of content and length of use per session.
(c) Media with violent or adult content are prohibited while children are in
care.
(d) Use of non-interactive media must not exceed 2 hours per week per child.
(e) When media are available for children’s use, other activities must also be
available to children.
(11) An exception to the requirements of subrule (10)(d) of this rule may be
made under the following conditions:
(a) School-age children using computers and any other electronic devices for
academic and educational purposes.
(b) Children using assistive and adaptive technology.
(12) For children with special needs, care must be provided according to the
child’s needs as identified by parents, medical personnel, or other relevant
professionals.
(13) Parents may visit the center during hours of operation for the purpose of
observing their children.
R
400.8182 Ratio and group size requirements. Rescinded.
Rule 182. (1) At least 2 adults, 1 of whom is a child care staff member,
shall be present at all times when at least 3 children between the ages of
birth and 3 years of age are present. A second child care staff member is
required when needed to comply with subrule (3) of this rule.
(2) At least 2 adults, 1 of whom is a child care staff member, shall be present
at all times when 7 or more children over 3 years of age are present. A second
child care staff member is required when needed to comply with subrule (3) of
this rule.
(3) In each room or well-defined space, the maximum group size and ratio of
child care staff members to children, including children related to a staff
member or the licensee, must be as shown in Table 4:
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(4) Children who have reached 33 months of age may, when developmentally
appropriate, be enrolled in a 3-year-old classroom with written parental
permission. The ratio listed in subrule (3)(c) of this rule applies.
(5) Children who have reached 45 months of age may, when developmentally
appropriate, be enrolled in a 4-year-old classroom with written parental
permission. The ratio listed in subrule (3)(d) of this rule applies.
(6) Children who have reached 57 months of age but who are not considered a school-ager
may, when developmentally appropriate, be enrolled in a school-age classroom
with written parental permission. The ratio listed in subrule (3)(e) of this
rule applies.
(7) If there are children of mixed ages in the same room or well-defined space,
then the ratio and group size is determined by the age of the youngest child,
unless each group of children is clearly separated and the appropriate child
care staff member-to-child ratios and group sizes, if applicable, for each age
group are maintained.
(8) An exception to the requirements of subrule (3) of this rule may be made
when the center is transporting children and is in compliance with R
400.8760(1) and (2).
R
400.8185 Primary care. Rescinded.
Rule 185. (1) As used in this rule, “primary caregiver” means the child care
staff member to whom the care of a specific infant or toddler is assigned. The
primary caregiver is responsible for direct care, verbal and physical
interactions, primary responses to the child’s physical and emotional needs,
and continued interaction with the child’s parents regarding the child’s
experiences.
(2) The center shall implement a primary care system so that each infant and
toddler has a primary caregiver.
(3) Each infant and toddler shall have not more than 4 primary caregivers in a
week. For centers operating less than 24 hours a day, an exception may occur
during the first hour after the center opens and the hour before closing.
(4) Information regarding a child’s food, health, and temperament must be
shared daily between primary caregivers when more than 1 primary caregiver is
assigned to any infant or toddler.
(5) Primary caregiving assignments must be documented and provided to parents.
(6) An exception to this rule may be made when the center is transporting
children and is in compliance with R 400.8760(1) and (2).
R
400.8188 Sleeping, resting, and supervision. Rescinded.
Rule 188. (1) Children under 3 years of age shall be provided opportunities
to rest regardless of the number of hours in care.
(2) A center shall permit children under 18 months of age to sleep on demand.
(3) Infants shall rest or sleep alone in cribs or porta-cribs.
(4) Infants shall be placed on their backs for resting and sleeping.
(5) Infants unable to roll from their stomachs to their backs and from their
backs to their stomachs shall be placed on their backs when found face down.
(6) When infants can easily turn over from their stomachs to their backs and
from their backs to their stomachs, they shall be initially placed on their
backs, but shall be allowed to adopt whatever position they prefer for sleep.
(7) For an infant who cannot rest or sleep on her or his back due to
disability or illness, written instructions, signed by the infant’s licensed
health care provider, detailing an alternative safe sleep position or other
special sleeping arrangements for the infant must be followed and kept on file
at the center. The instructions must include an end date.
(8) A sleeping infant’s breathing, sleep position, and bedding must be
monitored frequently for possible signs of distress.
(9) An infant’s head must remain uncovered during sleep.
(10) Toddlers shall rest or sleep alone in cribs, porta-cribs, or on mats or
cots.
(11) Infants and toddlers who fall asleep in a space that is not approved for
sleeping shall be moved to approved sleep equipment appropriate for their age
and size.
(12) Naptime or quiet time must be provided when children under school-age are
in attendance 5 or more continuous hours per day.
(13) For children under school age who do not sleep at rest time, quiet
activities must be provided such as reading books or putting puzzles together.
(14) Resting or sleeping areas must have adequate soft lighting to allow the
child care staff member to assess children.
(15) Video surveillance equipment and baby monitors must not be used in place
of subrule (8) of this rule and R 400.8125(1).
R
400.8191 Nighttime care. Rescinded.
Rule 191. (1) If a child is in care between the hours of 11 p.m. and 5 a.m.,
a separate area, away from sleeping children, where the child can engage in
quiet activities must be available.
(2) If a child is in care for more than 1 hour
between the hours of 11 p.m. and 5 a.m., a bed and mattress, with a
waterproof covering, of a size appropriate to the age of the child shall be
available.
FIRE SAFETY PART 3. STAFFING
R 400.8201 Comprehensive background check; fingerprinting.
Rule 201. (1) Pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q, before an individual has unsupervised contact with children, the department shall determine the individual’s eligibility to be any of the following:
(a) A licensee.
(b) A licensee designee.
(c) A child care staff member.
(d) An unsupervised volunteer.
(2) An applicant or licensee shall do all of the following:
(a) Ensure that each individual who requires an eligibility determination completes, signs, and submits all of the information required in subrule (5) of this rule, and in subrule (6) of this rule if applicable, on a form prescribed by the department.
(b) Maintain on file at the center or the central office, a copy of the completed and signed form or forms for each individual entered into the child care background check system under the license.
(c) Provide to the department, on request, a copy of the individual’s completed and signed form or forms.
(d) Establish and activate an account and accurately enroll each individual listed in subrule (1) of this rule in the child care background check system.
(e) Complete and maintain the connection, disconnection, or withdrawn status of each individual associated with the license within the department’s child care background check system.
(f) Immediately disconnect each individual within the department’s child care background check system once the individual is no longer a licensee, licensee designee, child care staff member, or an unsupervised volunteer under the license.
(3) An individual may serve as a child care staff member pending an eligibility determination by the department under sections 5n(8) and 5q of the act, MCL 722.115n and 722.115q, and shall always be supervised by the licensee or an eligible child care staff member.
(4) For an individual who is determined ineligible by the department, a licensee shall immediately do all of the following:
(a) Prohibit the individual from being on the premises of the child care center.
(b) Prohibit the individual from having any contact with children in care.
(c) Disconnect the individual from the child care background check system.
(5) An individual who requires a comprehensive background check under sections 5n and 5q of the act, MCL 722.115n and 722.115q, shall submit to the department, on a form prescribed by the department, all personally identifiable information necessary to conduct the comprehensive background check, including all of the following:
(a) Full legal name.
(b) All other names used in the past, including any maiden name or alias, the approximate date the other name was used, and the reason for the name change.
(c) Suffix, if applicable.
(d) Social Security number.
(e) Date of birth.
(f) Place of birth.
(g) Country of citizenship.
(h) Height.
(i) Weight.
(j) Hair color.
(k) Eye color.
(l) Gender.
(m) Race.
(n) Current address.
(o) If the individual resided outside this state during the last 5 years, provide each of those addresses.
(p) Driver’s license identification number and state issuing the license or a state identification number and state issuing it, if available.
(q) Phone number.
(r) Email address, if available.
(s) Other information determined reasonably necessary by the department to determine the eligibility of the individual based on a name-based registry match.
(6) The department shall maintain the confidentiality of all personally identifiable information submitted pursuant to this rule to the extent allowed by law.
R 400.8201a Department; information; eligibility
Rule 201a. The department may request information from an applicant, licensee, licensee designee, child care staff member, or unsupervised volunteer regarding any of the conditions listed in sections 5n, 5q, 5r, and 11 of the act, MCL 722.115n, 722.115q, 722.115r, and 722.121, and any similar or equivalent conditions that occurred in another state or legal jurisdiction where the individual resided, on a form prescribed by the department, and limited to information necessary to ascertain whether the individual is ineligible under the statutory requirements.
R 400.8201b Eligibility determination; individual who resided out of the United
States; self-certifying statement.
Rule 112b. An individual who requires an eligibility determination under section 5n of the act, MCL 722.115n, and resided out of the United States within the preceding 5 years, shall also, under section 5n(2) of the act, MCL 722.115n, complete, sign and submit, on a form prescribed by the department, a self-certifying statement that the individual does not have any of the disqualifying conditions set forth in sections 5n, 5q, 5r, and 11 of the act, MCL 722.115n, 722.115q, 722.115r, and 722.121.
R 400.8204 Early childhood center, small capacity child care center, and outdoor
nature-based child care center program administrator qualifications;
responsibilities.
Rule 204. (1) Before hiring a new program administrator, a licensee or licensee designee shall submit the credentials of the proposed program administrator to the department for review and approval in the manner prescribed by the department.
(2) All program administrators are responsible for the general management of the center, including the following minimum responsibilities:
(a) Developing, implementing, and evaluating program and center policies.
(b) Administering day-to-day operations, including being available to address parent, child, and staff issues.
(c) Monitoring staff, including annual evaluations.
(3) A program administrator can oversee multiple sites if all of the following are met:
(a) Is immediately available for not less than 5 sessions during 30 consecutive open days within the center. Consecutive open days do not include days that are closed for holidays, planned closed days, or emergency closures.
(b) Maintain written documentation of visits, including dates and times.
(c) Appoint a site administrator when the program administrator is not on the premises.
(4) A program administrator of a single site shall appoint a staff-in-charge when the program administrator is not on the premises and is responsible for supervising the operation of the center including, but not limited to, having the authority to respond to emergencies, inspections, parental concerns, and have access to all required information.
(5) A staff-in-charge shall be present at the center during all hours of operation when the program administrator, who is overseeing a single site, is not on the premises.
(6) A substitute program administrator shall be appointed for a program administrator who has left employment or has a temporary absence that exceeds 30 consecutive workdays until return or replacement, which must not exceed the agreed on timeframe.
(7) The department shall be notified when a substitute program administrator is appointed.
(8) A substitute program administrator shall at least meet the qualifications of lead teacher.
(9) A program administrator shall have all of the following qualifications:
(a) Be not less than 21 years of age.
(b) Have a high school diploma or general equivalency diploma (GED).
(c) Have not less than 2 semester hours or 3.0 CEUs in child care administration within 6 months of hire.
(10) A program administrator is exempt from subrule (2)(c) of this rule if there is a central administrator that complies with both of the following:
(a) Meets the requirements of a site administrator in subrule (9) of this rule.
(b) Is responsible for subrules (2)(a) and (c) of this rule.
(11) A program administrator of a small capacity center shall meet 1 of the following to be qualified:
(a) All of the following:
(i) A minimum of 1 year of experience.
(ii) 3 hours of MiRegistry approved training in each of the following areas:
(A) Program Management.
(B) Observation, Documentation, and Assessment.
(C) Teaching and Learning.
(iii) 6 hours of MiRegistry approved training in any of the following areas:
(A) Interactions and Guidance.
(B) Challenging Behaviors.
(C) Trauma Informed Practices.
(iv) Works in a center that participates in Great Start to Quality.
(b) All of the following:
(i) A minimum of 6 months of experience.
(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, youth development, or a child-related field. Up to 30 hours of MiRegistry-approved training may be used to meet these requirements.
(iii) Works in a center that participates in Great Start to Quality.
(c) A valid child development associate credential, Montessori credential, Michigan Youth Development Associate Certificate or Credential, Infant Family Associate Credential, or associate degree or higher in any field of study.
(12) A program administrator of an early childhood center or outdoor nature-based child care center shall meet 1 of the following to be qualified:
(a) All of the following:
(i) A minimum of 3 months of experience.
(ii) A valid child development associate credential, Montessori credential, Infant Family Associate Credential, or associate degree in a child-related field.
(iii) Works in a center that participates in Great Start to Quality.
(b) All of the following:
(i) A minimum of 6 months of experience.
(ii) An associate degree or higher in any field of study.
(iii) 3 hours of MiRegistry approved training in each of the following areas:
(A) Program Management.
(B) Observation, Documentation, and Assessment.
(C) Teaching and Learning.
(iv) 6 hours of MiRegistry approved training in any of the following areas:
(A) Interactions and Guidance.
(B) Challenging Behaviors.
(C) Trauma Informed Practices.
(v) Works in a center that participates in Great Start to Quality.
(c) A bachelor’s degree or higher in a child-related field.
(13) A program director who was qualified on the director’s date of hire remains qualified as a program administrator as of the effective date of this rule as long as they remain continuously employed as a program administrator at the center or at another licensed center without a break in service of more than 180 days. Any variances approved as of the effective date of this rule remain effective and timeframes required in the variance must be met. Any variance requirements not completed by 4 years after the effective date of this rule will be voided.
(14) A substitute director who was qualified on the substitute's director’s date of hire remains qualified as a substitute program administrator as of the effective date of this rule as long as they remain continuously employed as a substitute program administrator at the center or at another licensed center without a break in service of more than 180 days. Any variances approved as of the effective date of this rule remain effective and timeframes required in the variance must be met. Any variance requirements not completed by 4 years after the effective date of this rule will be voided.
(15) Verification of the qualifications of the program administrator, substitute program administrator, and the central administrator if the option in subrule (8) of this rule is used, must be maintained on file at the center or at the central office until 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.
R 400.8207 Early childhood center, small capacity child care center, and outdoor nature-based child care center site administrator; qualifications;
Rule 207. (1) A site administrator shall be present at the center during all hours of operation when the program administrator, who is overseeing multiple sites, is not on the premises.
(2) Site administrators are responsible for the daily operation and implementation of the site program, supervision of the site staff, and overall care and supervision of children.
(3) Site administrators shall assist the program administrator in all of the following:
(a) Developing, implementing, and evaluating program and center policies.
(b) Administering day-to-day operations, including being available to address parent, child, and staff issues.
(c) Monitoring and overseeing staff.
(4) Site administrators shall meet both of the following qualifications:
(a) Be not less than 19 years of age.
(b) Have a high school diploma or GED.
(5) Site administrators shall meet 1 of the following to be qualified:
(a) All of the following:
(i) A minimum of 6 months of experience.
(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, youth development, or a child-related field. Up to 30 hours of training from MiRegistry may be used to meet these requirements.
(iii) Works in a center that participates in Great Start to Quality.
(b) All of the following:
(i) A minimum of 3 months of experience.
(ii) A valid child development associate credential, Montessori credential, Infant Family Associate Credential, or associate’s degree in a child-related field.
(iii) Work in a center that participates in Great Start to Quality.
(c) All of the following:
(i) An associate's degree or higher in any field of study.
(ii) 3 hours of MiRegistry approved training in each of the following areas:
(A) Program Management.
(B) Observation, Documentation, and Assessment.
(C) Teaching and Learning.
(iii) 6 hours of MiRegistry approved training in any of the following areas:
(A) Interactions and Guidance.
(B) Challenging Behaviors.
(C) Trauma Informed Practices.
(6) A site supervisor who was qualified on the site supervisor’s date of hire remains qualified as a site administrator of the effective date of this rule as long as they remain continuously employed as a site supervisor at the center or at another licensed center without a break in service of more than 180 days.
(7) Verification of the qualifications must be maintained on file at the center or at the central office until 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.
R 400.8210 Lead teacher; qualifications; responsibilities.
Rule 210. (1) Lead teachers are required only for groups of children who are preschool age and younger.
(2) Lead teachers are responsible for both of the following:
(a) Overseeing the planning, implementation, and evaluation of the classroom program and child assessment.
(b) Overseeing child care staff members for a specific group of children and overall care and supervision of children.
(3) At least 1 lead teacher shall be assigned to each group of children in a self- contained or well-defined space and be present and provide care in the assigned group in the following manner:
(a) Full time for programs operating less than 6 continuous hours.
(b) Not less than 6 hours per day for programs operating 6 or more continuous hours.
(4) A substitute for a lead teacher shall be appointed for a lead teacher who has left employment or has a temporary absence that exceeds 30 consecutive workdays until return or replacement. A substitute lead teacher has 90 days from appointment to meet the qualifications of a lead teacher.
(5) Lead teachers shall have both of the following qualifications:
(a) Be not less than 19 years of age.
(b) Have a high school diploma or GED.
(6) A lead teacher shall meet 1 of the following to qualify:
(a) All of the following:
(i) A minimum of 1 year of experience.
(ii) 3 hours of MiRegistry approved training in each of the following areas:
(A) Program Management.
(B) Observation, Documentation, and Assessment.
(C) Teaching and Learning.
(iii) 6 hours of MiRegistry approved training in any of the following areas:
(A) Interactions and Guidance.
(B) Challenging Behaviors.
(C) Trauma Informed Practices.
(iv) Works in a center that participates in Great Start to Quality.
(b) All of the following:
(i) A minimum of 6 months of experience.
(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, or a child-related field. Up to 30 hours of MiRegistry-approved training may be used to meet these requirements.
(iii) Works in a center that participates in Great Start to Quality.
(c) All of the following:
(i) A valid child development associate credential, Montessori credential, Infant Family Associate Credential, or associate degree or higher in any field of study.
(ii) 3 hours of MiRegistry approved training in each of the following areas:
(A) Program Management.
(B) Observation, Documentation, and Assessment.
(C) Teaching and Learning.
(iii) 6 hours of MiRegistry approved training in any of the following areas:
(A) Interactions and Guidance.
(B) Challenging Behaviors.
(C) Trauma Informed Practices.
(7) Small capacity centers are exempt from subrule (6) of this rule.
(8) A lead teacher in a small capacity center shall meet 1 of the following to qualify:
(a) All of the following:
(i) A minimum of 3 months of experience.
(ii) 3 hours of MiRegistry approved training in each of the following areas:
(A) Program Management.
(B) Observation, Documentation, and Assessment.
(C) Teaching and Learning.
(iii) 6 hours of MiRegistry approved training in any of the following areas:
(A) Interactions and Guidance.
(B) Challenging Behaviors.
(C) Trauma Informed Practices.
(iv) Works in a center that participates in Great Start to Quality.
(b) Both of the following:
(i) 3 semester hours, 4.5 CEUs, or a combination to equal 45 clock hours of coursework in child care administration, early childhood education, child development, or a child-related field or an associate degree or higher in any field of study. Up to 30 hours of MiRegistry-approved training may be used to meet these requirements.
(ii) Works for a center that participates in Great Start to Quality.
(9) A lead teacher who was qualified on the lead teacher’s date of hire remains qualified as of the effective date of this rule as long as the lead teacher remains continuously employed as a lead teacher at the center or at another licensed center without a break in service of more than 180 days. Any variances approved as of the effective date of this rule remain effective and timeframes required in the variance must be met. Any variance requirements not completed by 4 years after the effective date of this rule must voided.
(10) Lead teachers for infants and toddlers shall have 3 semester hours, 4.5 CEUs, or 45 hours of MiRegistry-approved track of infant and toddler development and care practices within 6 months of hire.
(11) Verification of the qualifications of each lead teacher must be maintained on file at the center or at the central office 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.
R 400.8213 Staff; volunteer;
Rule 213. (1) All staff and volunteers present at the center shall:
(a) Provide appropriate care and supervision of children at all times.
(b) Act in a manner that is conducive to the welfare of children.
(c) Make an immediate verbal report to the department of health and human services, children’s protective services, by telephone at 1-855-444-3911, on reasonable cause to suspect child abuse or child neglect. The verbal report must be followed by submission of a written report within 72 hours of the verbal report.
(d) Sign and date a written statement at the time of hiring or before volunteering and indicate all of the following information:
(i) The individual is aware that abuse and neglect of children is against the law.
(ii) The individual is informed of the center’s policies on child abuse and neglect.
(iii) The individual knows they are mandated reporters of child abuse and child neglect and are required by law to immediately report suspected abuse and neglect to the department of health and human services, children’s protective services, as described in subdivision (c) of this subrule.
(2) All supervised volunteers shall receive a public sex offender registry clearance by the licensee against the Michigan State Police Sex Offender Registry or the Dru Sjodin National Sex Offender Public Website before having any contact with a child in care. A copy of this clearance must be maintained on file at the center or at the central office.
(3) A licensee shall have a written policy regarding screening and supervision of staff and volunteers, including volunteers who are parents of a child in care. The policy must include a statement that any staff or volunteer registered on either the Michigan State Police Sex Offender Registry or the Dru Sjodin National Sex Offender Public Website is prohibited from having contact with any child in care.
R 400.8213a MiRegistry.
Rule 213a. (1) Within 30 calendar days after employment, all program staff, unsupervised volunteers, and substitute teachers shall have an individual MiRegistry account and a non-expired MiRegistry membership status, which includes submitted, materials received, awaiting print, or current.
(2) Within 30 calendar days after employment, all program staff, unsupervised volunteers, and substitute teachers shall have a verified program organization employment entry in MiRegistry.
(3) Verification of the qualifications of all staff must be maintained on file at the center or at the central office 2 years after the effective date of this rule, after which qualifications must be verified in MiRegistry.
R 400.8216 Orientation
Rule 216. (1) Program staff and unsupervised volunteers shall participate in the center’s orientation training about the center’s policies and practices and these rules.
(2) Within 30 calendar days after being present at the center and before caring for children, program staff and unsupervised volunteers shall have training on all of the following, as applicable:
(a) The prevention of shaken baby syndrome, if the center serves infants and toddlers.
(b) The prevention of sudden infant death syndrome and use of safe sleep practices, if the center serves infants and toddlers.
(c) The prevention of abusive head trauma.
(d) The prevention of child maltreatment.
(e) The recognition and reporting of child abuse and neglect.
(3) Within 30 calendar days after being present at the center and before caring for children unsupervised, program staff and unsupervised volunteers shall have training on all of the following:
(a) Who to contact for questions.
(b) Discipline policy.
(c) Emergency procedures to include, but not limited to, location of first aid equipment, fire prevention, fire exits, and responsibilities during an emergency.
(d) Information to provide to parents.
(e) Appropriate care and supervision, including child care staff member to child ratios.
(f) Daily schedules, such as planned daily activities and routines.
(g) Health policies and procedures.
(h) The prevention and control of infectious diseases, including immunizations.
(i) Illness procedures for children and staff.
(j) Diapering procedures, only if applicable to children served.
(4) Within 90 days after being present at the center and before caring for children unsupervised, program staff and unsupervised volunteers shall be trained on emergency preparedness and response planning as described in R 400.8161.
(5) Within 90 days after being present at the center, all other staff and supervised volunteers shall be trained on emergency preparedness and response planning as described in R 400.8269.
(6) Within 90 days after being present at the center and before caring for children unsupervised, program staff and unsupervised volunteers shall complete the following trainings, which are allowed to be counted toward annual professional development hours and are available at MiRegistry:
(a) Administration of medication.
(b) Prevention of and response to emergencies due to food and allergic reactions as provided in R 400.8269a.
(c) Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic.
(d) Handling and storage of hazardous materials and appropriate disposal of biocontaminants.
(e) Precautions in transporting children if the center has a transportation component.
(f) Child development including the major domains of cognitive, social, emotional, physical development, and approaches to learning as provided in R 400.8271.
(g) Pediatric first aid and pediatric, infant, child, and adult cardiopulmonary resuscitation training.
(7) Before issuing a license to operate a child care center, and before the renewal of a license, the department shall verify that not less than 50% of the program staff are currently certified in pediatric first aid and pediatric, child, and adult cardiopulmonary resuscitation. Each of these program staff’s first aid and cardiopulmonary resuscitation certificates must be valid and retained on file in the center or at the central office until 2 years after the effective date of this rule, after which they must be made available online at MiRegistry.
(8) Before caring for children, program staff and unsupervised volunteers of outdoor nature-based child care centers shall be trained on the outdoor benefit-risk assessment and the risk management plan as indicated in R 400.8269b.
(9) Outdoor nature-based child care centers operating more than 30 minutes from emergency medical care shall have at least 1 program staff present at all times trained in wilderness first aid.
(10) In regard to subrules (3) to (9), as applicable to the type of center, until a program staff member or unsupervised volunteer has completed the orientation training, the program staff member or unsupervised volunteer shall be supervised by a program staff member who has completed the orientation training.
(11) Verification of all training required by this rule must be maintained on file at the center or at the central office until 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.
R 400.8216a Professional development requirements.
Rule 216a. (1) Program staff, except for substitute teachers and unsupervised volunteers, shall complete 16 clock hours of professional development in a calendar year on topics relevant to job responsibilities that include, but are not limited to, any of the following subjects:
(a) Child development and learning.
(b) Health, safety, and nutrition.
(c) Family and community collaboration.
(d) Program management.
(e) Teaching and learning.
(f) Observation, documentation, and assessment.
(g) Interactions and guidance.
(h) Updates to topics covered in R 400.8216.
(i) Child care center rules R 400.8101 to R 400.8840, as applicable to the center.
(2) Program staff of small capacity centers, except for substitute teachers and unsupervised volunteers, shall complete 10 clock hours of professional development in a calendar year on topics relevant to job responsibilities that include, but are not limited to, any of the topics in subrule (1)(a) to (i) of this rule.
(3) Substitute teachers that work an average of 20 hours a week in a calendar year shall complete 10 clock hours of professional development in a calendar year on topics relevant to job responsibilities that include, but are not limited to, any of the topics in subrule (1)(a) to (i) of this rule.
(4) Substitute teachers that work less than an average of 20 hours a week in a calendar year shall complete 5 clock hours of professional development in a calendar year on topics relevant to job responsibilities that include, but are not limited to, any of the topics in subrule (1)(a) to (i) of this rule.
(5) Unsupervised volunteers shall complete 2 clock hours of professional development in a calendar year on topics relevant to job responsibilities that include, but are not limited to, any of the topics in subrule (1)(a) to (i) of this rule.
(6) A center may count CPR and first aid training or certification hours toward the professional development hours in the calendar year taken.
(7) Hours from MiRegistry may be used to meet the professional development requirements in subrules (1) to (5) of this rule.
(8) A center may count emergency preparedness and response planning training toward professional development hours and is available at MiRegistry.
(9) An on-going professional development plan must be implemented to include all the training and professional development required by these rules.
(10) On-line trainings and correspondence courses must have an assessment of learning.
(11) Verification of all professional development required by this rule must be maintained on file at the center or at the central office until 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry. Verification must be issued from the training organization or trainer and include the date of the course, the name of the training organization or trainer, the topic covered, and the number of clock hours. Verification of professional development for a program staff member must be conducted by reviewing the 2 previous calendar years from the current license renewal year.
(12) Two years after the effective date of this rule, all training to meet professional development requirements must be approved in MiRegistry.
(13) When the department publishes a notice that a new health and safety update document or a new health and safety update training activity is published on MiRegistry, the licensee shall ensure that all identified staff or volunteers in the notice read and acknowledge the document or complete the activity within the timeframe indicated in the notice.
R 400.8219 Sleeping, resting, and
Rule 219. (1) Children under 3 years of age shall be provided opportunities to rest regardless of the number of hours in care.
(2) A center shall allow children under 18 months of age to sleep on demand.
(3) Infants shall rest or sleep alone in cribs or portable cribs.
(4) Infants shall be placed on their backs for resting and sleeping.
(5) Infants unable to roll from their stomachs to their backs and from their backs to their stomachs shall be placed on their backs when found face down.
(6) When infants can easily turn over from their stomachs to their backs and from their backs to their stomachs, they shall be initially placed on their backs, but are allowed to adopt whatever position they prefer for sleep.
(7) For an infant who cannot rest or sleep on her or his back due to disability or illness, written instructions, signed by the infant’s licensed health care provider, detailing an alternative safe sleep position or other special sleeping arrangements for the infant must be followed and maintained on file at the center. The instructions must include an end date.
(8) A sleeping infant’s breathing, sleep position, and bedding must be monitored frequently for possible signs of distress.
(9) An infant’s head shall remain uncovered during sleep.
(10) Toddlers shall rest or sleep alone in cribs, portable cribs, or on mats or cots.
(11) Infants and toddlers who fall asleep in a space that is not approved for sleeping shall be moved to approved sleep equipment appropriate for their age and size.
(12) Naptime or quiet time must be provided when children under school-age are in attendance 5 or more continuous hours per day.
(13) For children under school age who do not sleep at rest time, quiet activities, such as books or puzzles, must be provided.
(14) Resting or sleeping areas must have adequate soft lighting to allow the child care staff member to assess children.
(15) Video surveillance equipment and baby monitors must not be used in place of subrule (8) of this rule and R 400.8213(1).
R 400.8222 Capacity, ratio and group size
Rule 222. (1) The actual number and ages of children in care at any time must never exceed the number and ages of children for which the center is licensed.
(2) Not less than 2 adults, 1 of whom is a child care staff member, shall be present at all times when not less than 3 children between the ages of birth and 3 years of age are present. A second child care staff member is required when needed to comply with subrule (4) of this rule.
(3) Not less than 2 adults, 1 of whom is a child care staff member, shall be present at all times when 7 or more children over 3 years of age are present. A second child care staff member is required when needed to comply with subrule (4) of this rule.
(4) In each room or well-defined space, the maximum group size and ratio of child care staff members to children, including children related to a staff member or the licensee, must be as shown in Table 1:
|
TABLE 1 |
|||
|
|
Age |
Child Care Staff Member to Child Ratio |
Maximum Group Size |
|
(a) |
Infants and toddlers, birth until 30 months of age |
1 to 4 |
12 |
|
(b) |
Preschoolers, 30 months of age until 3 years of age |
1 to 8 |
24 |
|
(c) |
Preschoolers, 3 years of age until 4 years of age |
1 to 10 |
30 |
|
(d) |
Preschoolers, 4 years of age until school-age |
1 to 12 |
40 |
|
(e) |
School-agers |
1 to 18 |
54 |
(5) Children who have reached 33 months of age may, when developmentally appropriate, be enrolled in a 3-year-old classroom with written parental permission. The ratio listed in subrule (4)(c) of this rule applies.
(6) Children who have reached 45 months of age may, when developmentally appropriate, be enrolled in a 4-year-old classroom with written parental permission. The ratio listed in subrule (4)(d) of this rule applies.
(7) Children who have reached 57 months of age but who are not considered a school-ager may, when developmentally appropriate, be enrolled in a school-age classroom with written parental permission. The ratio listed in subrule (4)(e) of this rule applies.
(8) If there are children of mixed ages in the same room or well-defined space, the ratio and group size is determined by the age of the youngest child, unless each group of children is clearly separated and the appropriate child care staff member-to-child ratios and group sizes, if applicable, for each age group are maintained.
(9) When all children in a room are asleep, 1 child care staff member may provide supervision as long as all of the following are met:
(a) A child care staff member remains in the room and is not performing any duties other than supervision.
(b) All children are visible to the child care staff member in the room.
(c) Additional child care staff members are present at the center and near enough to immediately intervene if needed.
(d) When the first child wakes up, the required ratios in the room must be met immediately.
(10) An exception to the requirements of subrule (4) of this rule may be made when the center is transporting children and complies with R 400.8760(1) and (2).
(11) Two or more groups of the same age may be combined for collective activities as long as appropriate child care staff member-to-child ratios are maintained in the room or area.
(12) Group sizes for all ages may vary during outdoor play only if the center maintains the child care staff member to child ratios required by this rule.
(13) Written approval from the department must be obtained before making any changes in the terms of the license, including, but not limited to, adding use space, changing age groups served, changing program components, changing the capacity of the center, or making changes to a room or well-defined space that will result in a change in capacity of the room or well-defined space.
(14) Small capacity centers are exempt from subrules (2) to (11) of this rule.
(15) Small capacity centers shall abide by all of the following:
(a) The ratio of child care staff member to children present at any one time must be a minimum of 1 to 6.
(b) The ratio of child care staff member to children present at one time may be a minimum of 1:10 if the center meets both of the following:
(i) Operates a preschool Great Start Readiness Program.
(ii) Only serves children enrolled in the Great Start Readiness Program.
(c) For each child care staff member, not more than 4 children shall be under the age of 30 months.
(d) The maximum group size is 20.
PART 4. TRANSPORTATION
GENERAL HEALTH AND SAFETY
R 400.8251 Hand washing.
Rule 251. (1) All program staff and volunteers shall wash their hands at all of the following times:
(a) On arrival for the workday at the center.
(b) Before care of children.
(c) Before and after preparing and serving food and feeding children.
(d) Before and after giving medication.
(e) After each diapering.
(f) After using the toilet or helping a child use the toilet.
(g) After handling bodily fluids from sneezing, wiping, blowing noses, mouths, or sores.
(h) After handling animals and pets and cleaning cages.
(i) After cleaning or handling garbage.
(j) When soiled.
(2) Program staff and volunteers shall ensure that children wash their hands at all of the following times:
(a) Before and after meals, snacks, or food preparation experiences.
(b) After toileting or diapering.
(c) After contact with any bodily fluids.
(d) After handling animals and pets and cleaning cages.
(e) When soiled.
(3) Guidelines for hand washing must be posted in food preparation areas, in toilet rooms, and by all hand washing sinks.
(4) Program staff may wash children’s hands with non-toxic disposable wipes in the following situations:
(a) When the child is too heavy to hold for hand washing.
(b) When the child cannot stand safely at the sink.
(c) When the child is not developmentally ready to hold their head up.
(d) When the child has a special need, so the child is not able to wash their own hands.
(5) When soap and running water are not available during an outing, hand sanitizers containing not less than 60% alcohol, or single-use wipes may be used as a temporary measure.
R 400.8254 Diapering; toileting
Rule 254. (1) Except as provided in subrule (2) of this rule, diapering must occur in a designated diapering area that complies with all of the following:
(a) Is physically separated from food preparation and food service.
(b) Is within close proximity to a sink that is used exclusively for hand washing.
(c) Has non-absorbent, smooth, easily cleanable surfaces in good repair.
(d) Is of sturdy construction with railings or barriers to prevent falls.
(e) Is an elevated diapering table or similar structure.
(f) Is cleaned and disinfected after each use.
(2) Children 1 year of age and older may be changed in a bathroom standing up or on a nonabsorbent, easily disinfected surface, with a changing pad between the child and the surface.
(3) Diapering supplies must be within easy reach of the designated diapering area.
(4) A plastic-lined, tightly covered container must be used exclusively for disposable diapers, training pants, and diapering supplies. The container must be emptied, cleaned, and disinfected at the end of each day.
(5) Only single-use disposable wipes or other single-use cleaning cloths must be used to clean a child during the diapering or toileting process.
(6) Diapers and training pants must be checked frequently and changed when wet or soiled.
(7) Guidelines for diapering must be posted in diapering areas.
(8) Disposable gloves, if used for diapering, must only be used once for a specific child and be removed and disposed of in a safe and sanitary manner immediately after each diaper change.
(9) The following apply when cloth diapers or training pants are used:
(a) Each cloth diaper must be covered with an outer waterproof covering. Outer coverings must be removed as a singular unit with wet or soiled diapers and with wet or soiled training pants, if used.
(b) Diapers, training pants, and outer coverings must not be reused until washed and sanitized.
(c) Rinsing the contents must not occur at the center.
(d) Soiled diapers must be placed in a plastic-lined, covered container, wet bag, or other waterproof container, and used only for that child’s soiled diapers.
(e) Soiled diapers or training pants must be stored and handled in a manner that will not contaminate other items and must not be accessible to children.
(f) Soiled diapers or training pants must be removed from the center every day by the child’s parent.
(g) A child’s supply of clean diapers or training pants may only be used for that child.
(10) Toilet learning or training must be planned cooperatively between the child’s regular teachers and the child’s parent so the toilet routine established is consistent between the center and the child’s home.
(11) Equipment used for toilet learning or training must be provided. All of the following equipment is acceptable for toilet learning or training:
(a) Adult-sized toilets with safe and easily cleanable modified toilet seats and step aids.
(b) Child-sized toilets.
(c) Non-flushing toilets or potty chairs, if they are all of the following:
(i) Made of a material that is easily cleanable.
(ii) Used only in a bathroom area.
(iii) Used over a surface that is impervious to moisture.
(iv) Cleaned and disinfected after each use.
R 400.8257 Biocontaminants.
Rule 257. A center shall use standard precautions regarding prevention, exposure, and disposal of biocontaminants.
R 400.8260 Medication; administrative
Rule 260. (1) Medication, prescription or nonprescription, must be given to a child by program staff only.
(2) Program staff shall give or apply medication, prescription or nonprescription, only with prior written permission from a parent.
(3) All medication must be in its original container, stored according to instructions, and clearly labeled for a named child, including all nonprescription topical medications described in subrule (8) of this rule.
(4) Prescription medication must have the pharmacy label indicating the physician’s name, child’s first and last name, instructions, name and strength of the medication, and must be given according to those instructions.
(5) Program staff shall keep all medication out of the reach of children and return it to the child’s parent or destroy it if the parent determines it is no longer needed or it has expired.
(6) Program staff shall give or apply any prescription or nonprescription medication according to the directions on the original container, unless otherwise authorized by a written order from the child’s licensed health care provider.
(7) Program staff shall not add medication to a child’s bottle, beverage, or food unless indicated on the prescription label.
(8) Topical nonprescription medication, including, but not limited to, diapering cream, triple antibiotic, sunscreen, and insect repellant, requires written parental authorization annually.
(9) A center shall maintain a record as to the time and the amount of medication given or applied, with the exception of medications described in subrule (8) of this rule, on a form provided by the department or a comparable substitute approved by the department. One form per medication is required. The signature of the program staff administering the medication must be included.
R 400.8263 Child accidents and incidents; child and staff illness.
Rule 263. (1) A center shall develop and implement a written plan for how and when a parent is notified if program staff or volunteers observe any of the following:
(a) Changes in a child’s health.
(b) A child experiences an accident, injury, or incident.
(c) A child is too ill to remain in the group.
(2) A center shall ensure that a child who is too ill to remain in the group is placed in a separate area and is cared for and supervised by program staff or an unsupervised volunteer until the parent arrives. The separate area may be an unlicensed space such as the office area, reception area, or hallway but supervision must occur during this time. Food preparation areas may not be used.
(3) Items and facilities used by an ill child or adult must not be used by another individual until cleaned and disinfected.
(4) If a center becomes aware that a staff member, volunteer, or child in care has contracted a communicable disease, the center shall notify parents and provide all of the following information:
(a) The name of the communicable disease the children were exposed to.
(b) The symptoms of the disease.
(c) Prevention measures as recommended by the United States Centers for Disease Control and Prevention at the following website: https://www.cdc.gov.
(5) A center shall have a written policy detailing when children, staff, and volunteers will be excluded from the center due to illness.
R 400.8266 Incident, accident, injury, illness, death, fire
Rule 266. (1) If the death of a child occurs in care, a licensee, licensee designee, or program administrator shall do both of the following:
(a) Immediately report the death, in-person or via phone, directly to the child’s parent.
(b) Report the death to the department within 24 hours, via phone.
(2) A licensee, licensee designee, or program administrator shall report to the child’s parent on the same day of the incident and to the department within 24 hours, directly or via phone, fax, or email, if a child is lost or left unsupervised.
(3) A licensee, licensee designee, or program administrator shall report to the child’s parent and the department, directly or via phone, fax, or email, within 24 hours of the occurrence of any of the following:
(a) An incident involving an allegation of inappropriate contact.
(b) A fire on the premises of the center that requires the use of fire suppression equipment or results in loss of life or property.
(c) The center is evacuated for any reason.
(4) A licensee, licensee designee, or program administrator shall report to the department, via phone, fax, or email, within 24 hours of notification by a parent that a child received medical treatment or was hospitalized for an injury, accident, or medical condition that occurred while the child was in care.
(5) A licensee, licensee designee, or program administrator shall submit a written report to the department of the occurrences outlined in subrules (1) to (4) of this rule, in a format provided by the department, within 72 hours of the verbal report to the department.
(6) A licensee, licensee designee, or program administrator shall keep a copy of the report on file at the center.
R 400.8269 Emergency preparedness and response planning procedures.
Rule 269. (1) Written plans and procedures for emergency preparedness and response planning for the care of children and staff in each of the following emergencies must be developed and implemented:
(a) Fire.
(b) Tornado.
(c) Floods.
(d) Power outages.
(e) Extreme weather.
(f) Other natural or man-made disasters.
(g) Serious injury or accident.
(h) Bomb threats and other man-made emergencies.
(i) Intruders or active shooters.
(2) The written procedures must include all the following as applicable to the type of emergency:
(a) A plan for evacuation.
(b) A plan for safely moving children to a relocation site.
(c) A plan for shelter-in-place.
(d) A plan for lockdown.
(e) A plan for contacting parents and reuniting families.
(f) A plan for continuity of operations.
(g) A plan for how each child with special needs will be accommodated during an emergency.
(h) A plan for how infants and toddlers will be accommodated during an emergency.
(i) A plan for how children with chronic medical conditions will be accommodated during an emergency.
(3) A hard copy of the plans must be posted as indicated below:
(a) The plans required by subrules (1)(a) to (d) of this rule must be posted in a place visible to staff, volunteers, and parents.
(b) The plans required by subrules (1)(e) to (h) of this rule must be maintained in a place known and easily accessible to staff, volunteers, and parents.
(c)The plan required by subrule (1)(i) of this rule must be maintained in a place known and easily accessible to staff and volunteers.
(4) Training on the written procedures in subrules (1)(a) to (i) of this rule must occur in the timeframe indicated in R 400.216a(3) and (4).
(5) All staff present at the center and volunteers shall be trained on and participate in the drills held during their presence at the center.
(6) A fire drill program, consisting of not less than 1 fire drill every 3 months, must be established and implemented.
(7) A tornado drill program, consisting of not less than 2 tornado drills between the months of March to November, must be established and implemented.
(8) Drills for other emergency plans not listed in subrules (6) and (7) of this rule must be conducted annually.
(9) A written log indicating the date and time of each drill must be maintained on file at the center.
(10) Staff shall be trained not less than twice a year on their duties and responsibilities for all emergency procedures referenced in subrule (1) of this rule.
(11) If cribs are used in emergency evacuations, all doors within the means of egress must be wide enough to readily accommodate the crib evacuation.
(12) If the fire alarm is not monitored, 9-1-1 must be contacted immediately on notice.
(13) Centers established and operated by an intermediate school district or local school district, and located in a school building, may use the school’s emergency preparedness plan or drills, or both, if they meet all of the requirements in this rule.
R 400.8269a Food
Rule 269a. (1) A written plan for the prevention of and response to emergencies due to food and allergic reactions must be developed and implemented to include a child care plan, prevention measures, and emergency procedures.
(2) The child’s care plan must include all of the following, at a minimum:
(a) The child’s name with a list of their food allergies.
(b) The names, doses, and methods of medication administration the child should receive if there is a reaction.
(c) Training on the recognition of the child’s allergic reaction.
(3) The child’s care plan must be carried on field trips.
(4) The prevention measures must include all of the following, at a minimum:
(a) Notify parents and guardians of all known food allergens to avoid bringing in foods to the classroom or center.
(b) Post the child’s name and known food allergy prominently in the classroom or other area, on parent approval.
(c) Train program staff and unsupervised volunteers on the symptoms of anaphylaxis.
(d) Prevent food sharing between children.
(5) The emergency procedures must include all of the following, at a minimum:
(a) Promptly and properly administer medications in an event of an allergic reaction according to the instructions in the child’s care plan.
(b) Contact emergency medical services immediately if any child has a serious allergic reaction, a new suspected serious allergic reaction occurs with any child, or whenever epinephrine is administered, even if the child appears to have recovered from the allergic reaction.
(c) Notify parents or guardians immediately of any suspected allergic reactions, the ingestion of the problem food, or contact with the problem food, even if a reaction did not occur.
R 400.8269b Outdoor benefit-risk assessment; risk management plan for outdoor
nature-based child care centers.
Rule 269b. (1) An outdoor nature-based child care center shall submit an outdoor benefit-risk assessment on a form prescribed by the department that includes, but is not limited to, all of the following:
(a) Information about the site or sites that will be used.
(b) Different seasons of the year, such as summer versus winter plans, based on how conditions change within sites and locations used by the center on a regular basis.
(c) Risky play activities, including, but not limited to, all of the following:
(i) Climbing natural features.
(ii) Water activities.
(iii) Using sharp tools.
(iv) Plant foraging and gardening.
(v) Program pets and livestock management.
(vi) Campfire activities.
(vii) Activities near water, cliffs, steep slopes, or other potentially hazardous natural features.
(d) Guidance for when increased staffing is necessary and provide guidance for the development of the applicable risk management policies and procedures in subrule (1) of this rule.
(2) An outdoor nature-based child care center shall have a risk management plan that includes, but is not limited to, all of the following:
(a) Encountering non-program pets and wildlife.
(b) Interacting with strangers.
(c) The shared use of public spaces.
(d) Weather requiring the use of an emergency shelter and access to the shelter during program hours.
(e) Required clothing and keeping children dressed for the weather.
(f) Using public facilities or buildings.
(g) Encountering poisonous species.
(h) All other potentially hazardous situations and natural features.
PART 5. SWIMMING PROGRAM AND CARE
R 400.8271 Child development
Rule 271. (1) As used in this rule:
(a) “Confining equipment” means equipment used to assist in caring for infants, including, but not limited to, swings, stationary activity centers, infant seats, and molded seats.
(b) “Media” means use of electronic devices with a screen,
including, but not limited to, the following:
(i) Televisions.
(ii) Computers.
(iii) Tablets.
(iv) Multi-touch screens.
(v) Interactive white boards.
(vi) Mobile devices.
(vii) Cameras.
(viii) Movie players.
(ix) E-book readers.
(x) Electronic game consoles.
(c) “Interactive media” means media designed to facilitate active and creative use by children and to encourage social engagement with other children and adults.
(d) “Non-interactive media” means media that is used passively by children.
(2) A center shall implement a child development program plan that includes daily learning experiences appropriate to the developmental level of the children. Experiences must be designed to develop all of the following, which are described in Michigan’s Early Childhood Standards of Quality:
(a) Physical development.
(b) Social development.
(c) Emotional development.
(d) Cognitive development.
(e) Approaches to play and learning.
(3) The program must be planned to provide a flexible balance of all of the following experiences:
(a) Quiet and active.
(b) Individual and group.
(c) Large and small muscle.
(d) Child initiated and staff initiated.
(4) Developmentally appropriate experiences must be designed so that throughout the day each child has opportunities to do all of the following:
(a) Practice social interaction skills.
(b) Use materials and take part in activities that encourage creativity.
(c) Learn new ideas and skills.
(d) Participate in imaginative play.
(e) Participate in developmentally appropriate language and literacy experiences.
(f) Participate in early math and science experiences.
(g) Be physically active.
(5) A school-age child care center shall supplement the areas of development not regularly provided for during the school day.
(6) A typical daily routine must be made available to parents.
(7) If awake, use of confining equipment for infants must be minimized, not to exceed 30 minutes at a time.
(8) Tummy time is required daily for all infants under 12 months of age, and must meet all of the following requirements:
(a) Infants shall be directly supervised at all times while engaged in tummy time.
(b) Infants shall be healthy, awake, and alert during tummy time. If an infant falls asleep, the infant shall be immediately moved to a safe sleeping space.
(c) During tummy time, infants shall not be placed on or near soft surfaces, including, but not limited to, cushions, pillows, or padded mats.
(d) A parent may request in writing an exemption for their infant from tummy time. The request must be maintained in the child’s file.
(9) Use of media is prohibited for children under 2 years of age.
(10) If media are used with children 2 years of age and older, all of the following apply:
(a) Activities must be developmentally appropriate.
(b) Interactive media must be used to support learning and to expand children’s access to content and be suitable to the age of the child in terms of content and length of use per session.
(c) Media with violent or adult content are prohibited while children are in care.
(d) Use of non-interactive media must not exceed 2 hours per week per child.
(e) If media are available for children’s use, other activities must also be available to children.
(11) An exception to the requirements of subrule (10)(d) of this rule may be made under the following conditions:
(a) School-age children using computers and other electronic devices for academic and educational purposes.
(b) Children using assistive and adaptive technology.
(12) For children with special needs, care must be provided according to the child’s needs as identified by parents, medical personnel, or other relevant professionals.
(13) Parents may visit the center during hours of operation for the purpose of observing their children.
(14) Outdoor nature-based child care centers shall utilize developmentally appropriate techniques to teach children about boundaries and self-regulation for outdoor play.
R 400.8274 Primary care for infants and toddlers
Rule 274. (1) As used in this rule, “primary teacher” means the child care staff member to whom the care of a specific infant or toddler is assigned. The primary teacher is responsible for direct care, verbal and physical interactions, primary responses to the child’s physical and emotional needs, and continued interaction with the child’s parents regarding the child’s experiences.
(2) The center shall implement a primary care system so that each infant and toddler has a primary teacher.
(3) Each infant and toddler shall have not more than 4 primary teachers in a week. These 4 primary teachers shall remain with the children for the program year to promote continuity of care for the children. For centers operating less than 24 hours a day, an exception may occur during the first hour after the center opens and the hour before closing. This rule does not preclude a primary teacher from being relieved by another teacher or child care staff member while taking a lunch period or short break. This rule does not preclude a center from advancing a child to another classroom with new primary teachers if developmentally appropriate.
(4) Primary teachers’ schedules for each infant or toddler must be documented and provided to parents.
(5) Information regarding a child’s food, health, and temperament must be shared daily between primary teachers if more than 1 primary teacher is assigned to any infant or toddler.
(6) An exception to this rule may be made if the center is transporting children and is in compliance with R 400.8760(1) and (2).
R 400.8277 Nighttime care.
Rule 277. (1) If a child is in nighttime care, a separate area, away from sleeping children, where the child can engage in quiet activities must be available.
(2) A child shall be allowed to go back to sleep if dropped off during any nighttime care hours.
(3) If a child is in nighttime care for more than 1 hour, a crib, portable crib, mat, or cot appropriate to the age of the child must be available.
R 400.8280 Discipline
Rule 280. (1) Positive methods of discipline that encourage self-control, self- direction, self-esteem, and cooperation must be used.
(2) All of the following means of punishment are prohibited:
(a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.
(b) Placing any substances in a child’s mouth, including, but not limited to, soap, hot sauce, or vinegar.
(c) Restricting a child’s movement by binding or tying the child.
(d) Inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child.
(e) Depriving a child of meals, snacks, rest, or necessary toilet use.
(f) Excluding a child from outdoor play or other gross motor activities.
(g) Excluding a child from daily learning experiences.
(h) Isolating a child in an adjacent room, closet, locked room, box, hallway, darkened area, play area, or another area where the child cannot be seen or supervised.
(3) Time out must only be used in combination with instructional approaches that teach children what to do in place of the behavior problem.
(a) Time out must not be used for children under 2 years of age.
(b) The program staff or volunteer shall remain calm when placing the child in time out.
(4) A non-severe and developmentally appropriate restraint for an enrolled child with special behavioral or mental health issues may be used if reasonably necessary, based on a child’s development, to prevent a child from harming themselves or to prevent a child from harming other individuals or property, excluding those forms of punishment prohibited by subrule (2) of this rule. The plan for when the restraint should be initiated; the actual use of the restraint, such as holding the child as gently as possible, and timed use of the restraint must be developed in collaboration with the parent or guardian with the parent or guardian giving final approval of the plan.
(5) A written discipline policy must be developed and implemented regarding the age appropriate, non-severe discipline of children. The policy must be provided to program staff, volunteers, and parents.
PART 6. FOOD SERVICES AND NUTRITION
R 400.8301 Definitions.
Rule 301. As used in this part:
(a) “Bulk foods” means larger quantities of food that are used over time, such as flour, sugar, noodles, and rice. Food that is used up in a week or less, such as crackers, are not considered bulk foods.
(b) “Corrosion-resistant materials” means those materials that maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and bacterial solutions, and other conditions-of-use environment.
(c) “Food” means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.
(d) “Food-contact surface” means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.
(c) (e) “Food grade surface” means a surface that is
easily cleanable and made from a material that will not migrate into,
contaminate, or taint the food.
(d) (f) “Food service equipment” means stoves, ovens, ranges,
hoods, slicers, mixers, meat blocks, tables, counters, refrigerators, sinks,
dishwashing machines, steam tables, and similar items other than utensils, used
in the operation of a center.
(e) “Food” means any raw, cooked, or processed edible substance, ice,
beverage, or ingredient used or intended for use in whole or in part for human
consumption.
(f) “Food-contact surface” means those surfaces of equipment and utensils with
which food normally comes in contact, and those surfaces from which food may
drain, drip, or splash back onto surfaces normally in contact with food.
(g) “Packaged” means bottled, canned, in a carton, or securely wrapped.
(h) “Potentially hazardous food” means any food that consists in whole or in part of
milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean,
or other ingredients, including synthetic ingredients, in a form capable of
supporting rapid and progressive growth of infectious or toxigenic
microorganisms.
(i) (h) “Ready to eat food” means food that does not require
cooking and that will is not be cooked before being
served.
(j) (i) “Sealed” means free of cracks or other openings that permit
allow the entry or passage of moisture.
(k) (j) “Single-service articles” means those food service
articles intended for 1-time, 1-person use and then discarded.
(l) (k)“Tableware” means multi-use eating and drinking utensils.
(l) Time/Temperature Control for Safety food” or “TCS food” means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
(m) “Utensil” means any implement used in the storage, preparation, transportation, or service of food.
R 400.8310 Food preparation areas.
Rule 310. (1) Food contact surfaces must be smooth, nontoxic, easily cleanable, durable, corrosion resistant, and nonabsorbent.
(2) Carpeting is prohibited in food preparation areas.
(3) Mechanical ventilation to the outside is required for all commercial
fuel fired cooking equipment, which includesincluding, but
is not limited to, stoves, ranges, ovens, and griddles.
(4) If residential hood ventilation is used, then cooking equipment
must be limited to residential stove and oven equipment.
(5) Mechanical ventilation to the outside may be required if a problem is evidenced.
(6) The use of deep fryers is prohibited.
(7) Live animals are prohibited in food preparation and eating areas.
(8) When If the only food preparation is for feeding infants and
toddlers, there must be a sink that is used exclusively for food preparation
and clean up.
R 400.8320 Food preparation.
Rule 320. (1) Food must be in sound condition, free from spoilage, filth, or other contamination and be safe for human consumption.
(2) Food must be prepared on food grade surfaces that have been washed,
rinsed,cleaned and sanitized.
(3) Raw fruits and vegetables must be thoroughly washed before being cooked or served.
(4) Staff shall minimize bare-hand contact with foods that will be cooked.
(5) Ready to eat foods must not be prepared or served using bare hands.
(6) Food must be cooked to heat all parts of the
food to the safe temperature as identified in the document titled
Safe Minimum Cooking Temperatures, published by the U.S. Food Safety Working
Group. This document is adopted by reference in this rule and is available at
no cost on the Foodsafety.gov website, https://www.foodsafety.gov/keep/charts/mintemp.html.
It is also available for inspection and distribution at no cost from the
Michigan Department of Licensing and Regulatory Affairs, Bureau of Community
and Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI
48933 by the Michigan Food Code and Food Law/Safe Cooking Guidelines at
https://www.michiganfoodsafety.com/wp-content/uploads/2022/01/MI_Modified_2009_Food_Code_396675_7.pdf.
(7) Potentially hazardous TCS foods must be thawed using 1 of
the following methods:
(a) In the refrigerator at a temperature not to exceed 41 degrees Fahrenheit.
(b) Completely submerging the item under cold water, at a temperature of 70 degrees Fahrenheit or below, that is running fast enough to float off loose ice particles.
(c) In a microwave oven for either of the following:
(i) The food will beis immediately transferred to conventional
cooking facilities as part of a continuous cooking process.
(ii) The entire cooking process takes place in the microwave oven.
(d) As part of the conventional cooking process.
(8) The temperature of potentially hazardous TCS foods must be
41 degrees Fahrenheit or below, or 135 degrees Fahrenheit or above, at all
times, except during necessary periods of preparation.
(9) Potentially hazardous TCS foods that have been cooked and then
refrigerated or frozen must be reheated rapidly to 165 degrees Fahrenheit or
higher throughout before being served or before being placed in a hot food
storage facility.
(10) Accurate metal stem-type food Probe thermometers must be
used to assure ensure the attainment and maintenance of proper
internal cooking, holding, reheating, or refrigeration temperatures of all potentially
hazardous TCS foods .
(11) On field trips, all foods must be protected from contamination at all times as required by this rule.
(12) In the absence of proper hand washing facilities on field trips, individuals preparing and serving food shall use hand sanitizer and wear sanitary disposable food service gloves properly.
R
400.8325 Sanitization. Dishwashing.
Rule 325. (1) All tableware, utensils, food contact surfaces, and food
service equipment must be thoroughly washed, rinsed, cleaned and
sanitized after each use. Multi-purpose tables must be thoroughly washed,
rinsed, cleaned and sanitized before and after they are used for
meals or snacks.
(2) Enamelware utensils are prohibited.
(3) Reuse of single service articles is prohibited.
(4) Multi-use tableware and utensils must be washed, rinsed, cleaned
and sanitized using 1 of the following methods:
(a) A commercial dishwasher.
(b) A residential dishwasher with sanitizing capability.
(c) A 3-compartment sink and adequate drain boards to wash in the first compartment, to rinse in the
second compartment, and to sanitize in the third compartment.
(d) A 2-compartment sink for washing in the first compartment and
rinsing in the second compartment, and a third container suitable for
complete submersion for sanitizing, and adequate drain boards.
(5) If the manual washing method is used, as referenced in subrule (4)(c) and (d) of this rule, all of the following must be done:
(a) Rinse and scrape all utensils and tableware before washing.
(b) Thoroughly In the first
compartment, wash in
using detergent and water at or above 110 degrees Fahrenheit or at
the temperature specified by the detergent manufacturer.
(c) In the second compartment, Rinse rinse
in clear water making sure to remove all
traces of food and detergent.
(d) In the 3rd compartment or suitable container, Sanitize
sanitize using 1 of the following methods:
(i) Immersion for at leastnot less than 30 seconds in clean, hot
water of at leastnot less than 170 171 degrees
Fahrenheit.
(ii) Immersion for at least 1 minute in a solution containing between 50
and 100 parts per million of chlorine or comparable sanitizing agent at a temperature
of at least 75 degrees Fahrenheit with a food-grade sanitizing solution
mixed as described on the manufacturer’s label for sanitizing. A test kit
or other device that measures parts per million the correct concentration
of the solution must be used when a chemical is used for sanitizing.
(e) Air dry on a clean and sanitized surface. Do not use a towel for drying.
(6) Sponges must not be used in a food service operation.
R 400.8330 Food services and nutrition generally.
Rule 330. (1) Snacks and meals must be provided by the center, except when
if 1 of the following circumstances occurs:
(a) A majority of the children are in attendance less than 2.5 hours.
(b) Food is provided by a parent.
(2) A written agreement must be kept maintained on file at the
center if the parent has agreed to provide formula, milk, or food. The center
shall provide an adequate amount of formula, milk, or food if the parent does
not.
(3) Beverages and food must be appropriate for the child’s individual nutritional requirements, developmental stages, and special dietary needs, including cultural preferences.
(4) A center shall ensure a child who has special dietary needs is provided with snacks and meals in accordance with the child’s needs and with the instructions of the child’s parent or licensed health care provider.
(5) A center shall provide adequate staff so that food service activities do not detract from direct care and supervision of children.
(6) A center shall make water available to drink throughout the day to children 1 year of age and older.
(7) Infants and toddlers shall be fed on demand.
(8) A child shall be served meals and snacks in accordance with the following schedule:
(a) Two and a half hours to 4 hours of operation: a minimum of 1 snack.
(b) Four hours to 6 hours of operation: a minimum of 1 meal and 1 snack.
(c) Seven hours to 10 hours of operation: a minimum of 1 meal and 2 snacks or 2 meals and 1 snack.
(d) Eleven hours or more of operation: a minimum of 2 meals and 2 snacks.
(9) A center shall not deprive a child of a snack or meal if the child is in attendance at the time when the snack or meal is served.
(10) Menus must be planned in advance, dated, and posted in a place visible
made available to parents. Food substitutions must be noted on the
menus the day the substitution occurs.
(11) A center shall not serve infants and toddlers or allow them to eat foods that could easily cause choking, including, but not limited to, popcorn, seeds, nuts, hard candy, and uncut round foods such as whole grapes and hot dogs.
(12) Cereal must not be added to a bottle or beverage container without written parental permission.
(13) If food, bottles, or beverage containers are warmed, then the
warming must be done in a safe, appropriate manner.
(14) Warming bottles and beverage containers in a microwave oven or a crockpot is prohibited.
(15) Bottle warmers must be placed where children cannot access them or reach the cords for them.
(16) Bottle warmers must be shut off when not in use.
(17) A child care staff member shall not hold a child while removing a bottle from the heating device.
(17)
(18) Warmed food, bottles, and beverage containers must be shaken or
stirred to distribute the heat, and the temperature must be tested before
feeding.
(18)
(19) The contents of a bottle or beverage container must be discarded
if any of the following apply:
(a) The contents appear to be unsanitary.
(b) The bottle or beverage container has beenwas used for
feeding for a period that exceeds 1 hour from the beginning of the feeding.
(c) The bottle or beverage container requiring refrigeration has been was
unrefrigerated for 1 hour or more.
(19)
(20) Formula and milk, including breast milk, left in a bottle or
beverage container after a feeding must not be reused.
(20)
(21) Bottle propping is prohibited.
(21)
(22) When feeding, child care staff members shall hold infants, except
when infants resist being held and are able to hold their bottle.
(22)
(23) Infants or toddlers shall not have bottles, beverage containers,
or food in sleeping equipment.
(23)
(24) Children shall not have beverage containers or food while they are
walking around or playing.
(24)
(25) Child care staff members shall foster and facilitate toddlers’ independence,
language, and social interactions by doing all of the following:
(a) Encouraging self-feeding.
(b) Serving appropriate portion sizes.
(c) Sitting with toddlers during meal times.
(25)
(26) Breastfeeding must be supported and accommodated.
(26)
(27) A designated place must be set aside for use by mothers who are
breastfeeding.
R 400.8335 Food services and nutrition; provided by center.
Rule 335. (1) Food and beverages provided by a center must be of sufficient
quantity and nutritional quality to provide for the dietary needs of each child
according to the minimum meal requirements of the child and adult care food
program (CACFP), as administered by the Michigan department of education,
based on 7 CFR part 226, 1-1-18 edition, (2018) of the United States Department
of Agriculture, Food and Nutrition Service, CACFP, and is hereby adopted by
reference. A copy can be obtained at no cost from CACFP at http://www.fns.usda.gov/cacfp/meals-and-snacks.
In addition, a copy is available for inspection and distribution at no cost at
the Michigan Department of Licensing and Regulatory Affairs, Bureau of
Community and Health Systems, Child Care Division, 611 West Ottawa Street,
Lansing, MI 48933.
(2) The following standards are incorporated by reference in these rules: “Child and Adult Care Food Program,” 7 CFR part 226, (2018). Copies of these regulations may be obtained from the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933 and from the United States Department of Agriculture (USDA), Food and Nutrition Service, CACFP at 1400 Independence Avenue, S.W., Washington DC 20250. Regulations and guidance are available at the USDA’s website at https://www.fns.usda.gov/cacfp/program-operator.
(2) Solid foods must be introduced to an infant according to the parent’s or
licensed health care provider’s instructions.
(3) Infants shall only be served formula to drink unless written authorization is provided by the child’s licensed health care provider.
(4) Children 12 months of age until 2 years of age shall be served whole homogenized Vitamin D-fortified cow’s milk, except as provided in R 400.8330(4).
(5) Formula must be commercially prepared and ready-to-feed.
(6) All fluid milk and fluid milk products must be pasteurized and meet the grade “A” quality standards.
(7) Milk must be served from 1 of the following:
(a) A commercially filled container stored in a mechanically refrigerated bulk milk dispenser.
(b) A commercially filled container not to exceed 1 gallon.
(c) A sanitized container only if poured directly from the original container.
(8) All of the following apply to milk:
(a) Containers must be labeled with the date opened.
(b) Milk must be served within 7 days of after opening.
(c) Milk must not be served if the contents appear to be unsanitary or
have been unrefrigerated for a period exceeding 1 hour.
(d) Milk must not be combined with the contents of other partially filled containers.
(9) Contents remaining in single-service containers of milk must be discarded at the end of the snack or meal time.
(10) All containers of ready-to-feed formula, once opened, must be labeled with the date and time of opening, refrigerated, and used within 48 hours or be discarded.
(11 ) Prepared bottles and beverage containers of milk and formula must be refrigerated and labeled with the child’s first and last name, date, and time of preparation.
(12) Contents of unused bottles of formula must be discarded, along with any bottle liners, after 48 hours.
(13) All liners, nipples, formula, milk, and other materials used in bottle preparation must be prepared, handled, and stored in a sanitary manner.
(14) Reusable nipples and bottles must be washed, rinsed, cleaned and
sanitized before reuse.
(15) Bottle liners and disposable nipples must be for single use only, by an individual child, and discarded with any remaining formula or milk after use.
(16) Commercially packaged baby food must be served from a dish, not directly
from a factory-sealed container, unless the entire container will be is
served to only 1 child and will be is discarded at the end of
the feeding period.
(17) Uneaten food that remains on a dish from which a child has been was
fed must be discarded.
(18) Food that has beenwas served and handled by the consumer of
the food, may not be served again, unless it is in the original,
unopened wrapper.
(19) Home canned products are prohibited.
(20) Food containing contaminants, such as lead, recalled through the Food and Drug Administration or the department of agriculture and rural development, must be properly disposed of and not served again.
R 400.8340 Food services and nutrition; provided by parents.
Rule 340. (1) As used in this rule:
(a) “Same-day supply” means for use during a single day.
(b) “Multi-day supply” means for use over a multiple day period, up to 7 days.
(2) Breast milk, formula, milk, or other beverages provided in a same-day supply must be furnished daily in either of the following:
(a) Clean, sanitary, ready-to-feed bottles or beverage containers.
(b) A clean, sanitary, beverage container. The beverage must be poured into a clean, sanitary bottle or beverage container before each feeding.
(3) Breast milk, formula, milk, other beverages, and food furnished in a
same-day supply s must be covered and labeled with the child’s first and
last name and the date.
(4) Any food or beverages furnished in a same-day supply must be returned to the parent at the end of the day or discarded.
(5) Milk, other beverages, and non-perishable food items may be furnished in a multi-day supply in an unopened commercial container.
(6) Breast milk may be supplied in a multi-day supply in a clean, sanitized
container kept maintained in the refrigerator for up to 4 days or
kept in the freezer for no more than 2 weeks.
(7) Milk and other beverages furnished in a multi-day supply must be labeled with the child’s first and last name and the date of opening and be returned to the parent or discarded 7 days after opening.
(8) Non-perishable food items furnished in a multi-day supply must be labeled
with the date of opening and when if applicable, the first and
last name of the child for whom its use is intended.
(9) Beverages and food must be fed only to the child for whom the item is labeled.
(10) Breast milk, formula, and milk must be refrigerated until used.
(11) Other perishable beverages and food items not discarded by the end of
the day must be dated and refrigerated or otherwise kept maintained
at a safe temperature until used, which cannot be longer than 7
calendar days after the date opened or prepared.
(12) Fresh, whole fruits and vegetables may be unrefrigerated for up to 3 calendar days in a clearly labeled and dated container.
R 400.8341 Drinking water management plan; water sampling, testing, and
remediation; filtered water; records.
Rule 341. (1) Pursuant to section 3i of the act, MCL 722.113i, no later than January 24, 2025, the center shall develop and implement a drinking water management plan, conduct water sampling and testing after filters have been installed, conduct remediation as needed, and retain records.
(2) Pursuant to section 3j of the act, MCL 722.113j, no later than October 24, 2025, the center shall comply with the requirements of the duties of a center under the drinking water management plan, including ensuring that drinking water furnished to children for human consumption is from a filtered faucet or other filtered source meeting the standards required in section 3j(b) of the act, MCL 722.113j.
(3) Pursuant to section 3k of the act, MCL 722.113k, if a center is located in a school building that complies with the clean drinking water access act, 2023 PA 154, MCL 380.1901 to 380.1911, the center is considered compliant with this rule.
R
400.8345 Water supply; plumbing. Rescinded.
Rule 345. (1) The water system must comply with the requirements of the local
health department.
(2) Plumbing must be designed, constructed, installed, and maintained to
prevent cross-connection with the water system.
(3) Sinks, lavatories, drinking fountains, and other water outlets must be
supplied with safe water sufficient in quantity and pressure to meet conditions
of peak demand.
(4) All plumbing fixtures and water and waste pipes must be properly installed
and maintained in good working condition.
(5) Each water heater must be equipped with a thermostatic temperature control
and a pressure relief valve, both of which must be in good working condition.
R
400.8350 Toilets; hand washing sinks. Rescinded.
Rule 350. (1) A center shall provide toilet and hand washing sinks as
follows:
(a) A center operating with children in attendance less than 5 continuous
hours a day shall provide at least 1 toilet and 1 hand washing sink for every
20 children or fraction thereof.
(b) A center operating with children in attendance 5 or more continuous hours
a day shall provide at least 1 toilet and 1 hand washing sink for every 15
children or fraction thereof.
(2) After December 6, 2006, any center that is new, adds an infant and toddler
component, or increases the licensed infant and toddler capacity shall have a
diapering area with a readily accessible, designated hand washing sink.
(3) After December 6, 2006, a separate hand washing sink is required in the
kitchen for all of the following:
(a) A new center with a food service component.
(b) A center with a food service component that remodels the kitchen.
(c) Any center that adds a food service component.
(4) Hand washing sinks for children must be accessible to children by platform
or installed at children’s level.
(5) Hand washing sinks must have warm running water not to exceed 120 degrees
Fahrenheit.
(6) Soap and single service towels or other approved hand drying devices must
be provided near hand washing sinks.
(7) Toilet rooms for school-age children must provide for privacy.
R
400.8355 Sewage disposal. Rescinded.
Rule 350. (1) Sewage and other water-carried wastes must be disposed of
through a municipal or private sewer system.
(2)
Private sewer and septic systems must be designed and operated to safely
dispose of all wastewater generated, be adequate in size for the projected use,
and meet the criteria of the local health department.
R
400.8360 Garbage and refuse. Rescinded.
Rule 360. (1) All garbage must be removed from the center daily.
(2) Garbage containers must be washed when soiled.
(3) Garbage stored outside must be in sealed plastic bags in watertight
containers with tight-fitting covers or in a covered dumpster.
(4) Outside garbage and refuse must be picked up or removed at a minimum of
once a week.
R
400.8365 Heating; temperature. Rescinded.
Rule 365. (1) The temperature in child use areas must be maintained at a safe
and comfortable level so that children in care do not become overheated or
chilled.
(2) The indoor temperature must be at least 65 degrees Fahrenheit in child use
areas at a point 2 feet above the floor.
(3) If temperatures exceed 82 degrees Fahrenheit, then a center shall take
measures to cool the children.
R
400.8370 Light, ventilation, and screening. Rescinded.
Rule 370. (1) The total ventilation area in every habitable room, as provided
by openable windows, must be not less than 4½% of the floor area, unless
central air conditioning is provided.
(2) If ventilation is dependent on a mechanical system, then the system must
be on at all times while the building is occupied and shall comply with the
ventilation requirements of the applicable mechanical code of the authority
having jurisdiction.
(3)
Windows and doors used for ventilation must be supplied with screening of not
less than 16 mesh, which must be kept in good repair. This subrule does not
apply to child care programs operating in school buildings.
R
400.8375 Premises. Rescinded.
Rule 375. (1) The center shall be located on land that provides good natural
drainage or that is properly drained.
(2) Stairs, walkways, ramps, landings, and porches must meet all of the
following requirements:
(a) If elevated, have barriers to prevent falls and handrails designed and
constructed for use by children.
(b) Be maintained in a safe condition relative to the accumulation of water,
ice, or snow and have nonslip surfacing.
(c) Landings must be located outside exit doors where steps or stairs are
necessary and be at least as wide as the swing of the door.
(d) Stairway steps must be not more than 8 inches in height, with a minimum
tread depth of 9 inches.
(e) If ramps are used, then they must have a minimum rise-to-run ratio of
1-to-12.
R
400.8380 Maintenance of premises. Rescinded.
Rule 380. (1) The premises must be maintained in a clean and safe condition
and must not pose a threat to health or safety.
(2) The premises must be maintained so as to eliminate and prevent rodent and
insect harborage.
(3) Roofs, exterior walls, doors, skylights, and windows must be weathertight
and watertight and kept in sound condition and good repair.
(4) Floors, interior walls, and ceilings must be kept in sound condition, good
repair, and maintained in a clean condition.
(5) There must be no flaking or deteriorating paint on interior and exterior
surfaces or on equipment accessible to children.
(6) All toilet room floor surfaces must be easily cleanable and constructed
and maintained so as to be impervious to water.
(7) Light fixtures, vent covers, wall-mounted fans, and similar equipment
attached to walls and ceilings must be easily cleanable and maintained in good
repair.
(8) A lead hazard risk assessment must be completed by a certified lead risk
assessor on all centers built before 1978. Any lead hazards identified must be
addressed as noted in the lead hazard risk assessment report before issuance of
the original license. The results of the assessment must be kept on file at
the center. Centers that operate in a school building serving only school-age
children are exempt from the requirements in this rule.
(9) A center shall adopt and implement an integrated pest management policy
as required by section 8316 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.8316.
R
400.8385 Poisonous or toxic materials. Rescinded.
Rule 385. Containers of poisonous or toxic materials must be clearly labeled
for easy identification of contents and stored out of reach of children.
PART 7. SCHOOL AGE CHILD CARE CENTER SPECIFIC PROVISIONS AND EXEMPTIONS
R 400.8401 Specific provisions; exemptions.
Rule 401. (1) School-age child care centers shall follow all regulations contained in this document except the rules in table 2 and table 3 if the following criteria is met:
Table 2. Exemptions.
|
(a) |
R 400.8134 |
|
(b) |
R 400.8210 |
|
(c) |
R 400.8216(2)(a) and (b) |
|
(d) |
R 400.8219 |
|
(e) |
R 400.8274 |
|
(f) |
R 400.8770 |
Table 3. Exemptions with criteria
|
|
Exempt from: |
Criteria |
|
(a) |
R 400.8125(10)(a) and (b)
|
If the school-age child care center operates in a school building approved by the department of education, and if the licensee informs parents in writing at the time of enrollment, that the center plans to use a public school’s outdoor play area and equipment that do not comply with subrule (10) of this rule. |
|
(b) |
R 400.8158(2) and (3) |
If the school-age child care center operates in a school building. |
|
(c) |
R 400.8161(8) and (9) |
If the school-age child care center operates in a school building. |
|
(d) |
R 400.8501 to R 400.8565.
|
If the school-age center is established and operated by an intermediate school board, the board of a local school district, the board or governing body of a state-approved nonpublic school, or by an individual or entity with whom a school contracts for services and is located in a school building that is approved by the state fire marshal or other similar authority for school purposes. |
|
(e) |
R 400.8271(10)(d)
|
If the school-age children are using computers and other electronic devices for academic and educational purposes or using assistive and adaptive technology. |
|
(f) |
R 400.8701 R 400.8710(1) and (2) R 400.8720 R 400.8730 R 400.8740 R 400.8750 |
If a school-age child care center uses school transportation only. |
R 400.8410 School-age program administrator qualifications; responsibilities.
Rule 410. (1) Before hiring a new school-age program administrator, a licensee or licensee designee shall submit the credentials of the proposed program administrator to the department for review and approval in the manner prescribed by the department.
(2) School-age program administrators are responsible for the general management of the center, including the following minimum responsibilities:
(a) Developing, implementing, and evaluating program and center policies.
(b) Administering day-to-day operations, including being available to address parent, child, and staff issues.
(c) Monitoring staff, including annual evaluations.
(3) A program administrator can oversee multiple sites if all of the following are met:
(a) The program administrator is immediately available for not less than 3 sessions during 30 consecutive open days within the center. Consecutive open days do not include days that are closed for holidays, planned closed days, or emergency closures.
(b) Written documentation of program administrator visits, including dates and times, is maintained.
(c) A site administrator is appointed when the program administrator is not on the premises.
(4) A program administrator of a single site shall appoint a staff-in-charge when the program administrator is not on the premises and is responsible for supervising the operation of the center including, but not limited to, having the authority to respond to emergencies, inspections, parental concerns, and have access to all required information.
(5) A staff-in-charge shall be present at the center during all hours of operation when the program administrator, who is overseeing a single site, is not on the premises.
(6) A substitute program administrator shall be appointed for a program administrator who has left employment or has a temporary absence that exceeds 30 consecutive workdays until return or replacement, which must not exceed the agreed on timeframe.
(7) The department shall be notified when a substitute program administrator is appointed.
(8) A substitute program administrator shall be not less than 19 years of age, have a GED, and meet 1 of the following to be qualified:
(a) All of the following:
(i) A minimum of 1 year of experience.
(ii) 3 hours of MiRegistry approved training in each of the following areas:
(A) Program management.
(B) Observation, documentation, and assessment.
(C) Teaching and learning.
(iii) 6 hours of MiRegistry approved training in any of the following areas:
(A) Interactions and guidance.
(B) Challenging behaviors.
(C) Trauma informed practices.
(iv) Work in a center that participates in Great Start to Quality.
(b) All of the following:
(i) A minimum of 6 months of experience.
(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, or a child-related field. Up to 30 hours of MiRegistry-approved training may be used to meet these requirements.
(iii) Work in a center that participates in Great Start to Quality.
(c) All of the following:
(i) A valid child development associate credential, Montessori credential, Michigan Youth Development Associate Certificate or Credential, or associate degree or higher in any field of study.
(ii) 3 hours of MiRegistry approved training in each of the following areas:
(A) Program management.
(B) Observation, documentation, and assessment.
(C) Teaching and learning.
(iii) 6 hours of MiRegistry approved training in any of the following areas:
(A) Interactions and guidance.
(B) Challenging behaviors.
(C) Trauma informed practices.
(9) The program administrator shall have all of the following qualifications:
(a) Be not less than 21 years of age.
(b) Have a high school diploma or GED.
(c) Have not less than 2 semester hours or 3.0 CEUs in child care administration within 6 months of hire.
(10) A program administrator is exempt from subrule (9)(c) of this rule if there is a central administrator that complies with both of the following:
(a) Meets the requirements of a site administrator in subrule (9) of this rule.
(b) Is responsible for subrules (2)(a) and (c) of this rule.
(11) A program administrator of a school-age child care center shall meet 1 of the following to qualify:
(a) All of the following:
(i) A minimum of 1 year of experience.
(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, youth development, or a child-related field. Up to 30 hours of MiRegistry-approved training may be used to meet these requirements.
(iii) Works for a center that participates in Great Start to Quality.
(b) All of the following:
(i) A minimum of 6 months of experience.
(ii) A valid child development associate credential, Montessori credential, Michigan Youth Development Associate Certificate or Credential, or associate degree in any field of study.
(iii) Works for a center that participates in Great Start to Quality.
(c) All of the following:
(i) An associate’s degree or higher in any field of study.
(ii) 3 hours of MiRegistry approved training in each of the following areas:
(A) Program management.
(B) Observation, documentation, and assessment.
(C) Teaching and learning.
(iii) 6 hours of MiRegistry approved training in any of the following areas:
(A) Interactions and guidance.
(B) Challenging behaviors.
(C) Trauma informed practices.
(12) A school-age program director who was qualified on the director’s date of hire remains qualified as a program administrator as of the effective date of this rule as long as they remain continuously employed as a program administrator at the center or at another licensed center without a break in service of more than 180 days. Any variances approved as of the effective date of this rule remain effective and timeframes required in the variance must be met. Any variance requirements not completed by 4 years after the effective date of this rule are voided.
(13) A substitute director who was qualified on the substitute's director’s date of hire remains qualified as a substitute program administrator as of the effective date of this rule as long as they remain continuously employed as a substitute program administrator at the center or at another licensed center without a break in service of more than 180 days. Any variances approved as of the effective date of this rule remain effective and timeframes required in the variance must be met. Any variance requirements not completed by 4 years after the effective date of this rule are voided.
(14) Verification of the qualifications of the program administrator and substitute program administrator must be maintained on file at the center or at the central office until 2 years after effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.
R 400.8419 School-age child care center site administrator; qualifications;
responsibilities.
Rule 419. (1) A site administrator shall be present at the center during all hours of operation when the program administrator overseeing multiple sites is not on the premises.
(2) Site administrators are responsible for the daily operation and implementation of the site program, supervision of the site staff, and overall care and supervision of children.
(3) Site administrators shall assist the program administrator in all of the following:
(a) Developing, implementing, and evaluating program and center policies.
(b) Administering day-to-day operations, including being available to address parent, child, and staff issues.
(c) Monitoring and overseeing staff.
(4) Site administrators shall meet both of the following qualifications:
(a) Be not less than 18 years of age.
(b) Have a high school diploma or GED.
(5) Site administrators shall meet 1 of the following to be qualified:
(a) All of the following:
(i) A minimum of 6 months of experience.
(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, youth development, or a child-related field. Up to 30 hours of training from MiRegistry may be used to meet these requirements.
(iii) Work for a center that participates in Great Start to Quality.
(b) All of the following:
(i) A minimum of 3 months of experience.
(ii) A valid child development associate credential, Montessori credential, Michigan Youth Development Associate Certificate or Credential, or associate’s degree in a child-related field.
(iii) Work for a center that participates in Great Start to Quality.
(c) Both of the following:
(i) An associate's degree or higher in any field of study.
(ii) 15 clock hours of school age training.
(6) A site supervisor who was qualified on the site supervisor’s date of hire remains qualified as a site administrator as of the effective date of this rule as long as they remain continuously employed as a site supervisor at the center or at another licensed center without a break in service of more than 180 days.
(7) Verification of the qualifications must be maintained on file at the center or at the central office until 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.
R 400.8430 Use of large space requirements
Rule 430. (1) For school-age child care centers located in a large space such as a cafeteria, gymnasium, or a multi-purpose room, groups can be combined if child care staff member to child ratios and group sizes are maintained, program staff and unsupervised volunteers are well positioned throughout the room, and interest areas are set up.
R 400.8440 Emergency preparedness and response planning allowance in school
buildings.
Rule 440. School-age child care centers located in a school building may use the school’s emergency preparedness plan or drills, or both, if it meets all of the requirements in R 400.8269.
PART 8. FIRE SAFETY
R 400.8501 National Fire Protection Association standards; adoption by reference.
Rule 501. The following National Fire Protection Association (NFPA)
standards, in as displayed in Table 5 table 4,
are adopted by reference in these rules with the exemptions noted. The standards
are available for free Copies of the
adopted standards are available for inspection and may be purchased at
from the NFPA website at www.nfpa.org, or from the National Fire
Protection Association, 1 Batterymarch Park, P.O. Box 9109, Quincy,
Massachusetts 02269-9101. The cost of single copies of each standard at the
time of the adoption of these rules is indicated after the title. They are
also available for inspection and distribution at no charge at the Department of Lifelong Education,
Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan
Street, Lansing, Michigan 48933. Michigan Department
of Licensing and Regulatory Affairs, Bureau of Community and Health Systems,
Child Care Division, 611 West Ottawa Street, Lansing, MI 48933.
|
TABLE |
|||
|
Standard |
Title |
Edition |
|
|
NFPA-10 |
Standard for Portable Fire Extinguishers |
2018 |
|
|
NFPA-13 |
Standard for the Installation of Sprinkler Systems |
2019 |
|
|
NFPA-17A |
Standard for Wet Chemical Extinguishing Systems |
2024 |
|
|
NFPA- 25 |
Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems |
2017 |
|
|
NFPA-72 |
National Fire Alarm Code and Signaling Code |
2019 |
|
|
NFPA-80 |
Standard for Fire Doors and Other Opening Protectives |
2019 |
|
|
NFPA-96 |
Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations |
2024 |
|
|
NFPA-251 |
Standard Methods of Fire Resistance of Building Construction and Materials |
2006 |
|
|
NFPA-265 |
Standard Methods of Fire Tests for Evaluation Room Fire Growth Contribution of Textile Coverings on Full Height Panels and Walls |
2019 |
|
|
NFPA-701 |
Standard Methods of Fire Tests for Flame Propagation of Textiles and Films |
2015 |
|
R 400.8505 Definitions.
Rule 505. As used in this part:
(a) “Basement” means a story of a building or structure having ½ or more of
its clear height below average grade for at least not less than 50%
of the perimeter.
(b) “Child care room” means a space or area bounded by any obstruction to egress of any height that, at any time, encloses more than 80% of perimeter of the space or area and is occupied by children.
(c) “Closet” means a room with dimensions of not greater than 24 square feet, not deeper than 3 feet, and is not used to store hazardous equipment or flammable products.
(b) (d) “Combustible” means materials will that ignite
and burn when subjected to a fire or excessive heat.
(c) (e) “Conversion” means to alter the use of an existing
building or room to a center.
(d) (f) “Existing building” means a structure or part of a
structure not currently used as a center.
(e) (g) “Existing licensed center” means a center that was
licensed on or before December 7, 2006 and whose license continues
uninterrupted.
(f) (h) “Exit” means a way of departure from the interior of a
building or structure to the open air outside at ground level.
(g) (i) “Fire alarm” means a device used to alert the occupants
of the building of fire or smoke conditions. The device shall must be
audible in all parts of the building used as a center.
(h) (j) “Fire alarm system” means an approved electrical closed
circuit, self-supervised local system for sounding an alarm. The system is
comprised of a central panel, manual pull stations near all outside exits,
audible electric signal devices, and, where warranted, a remote trouble
annunciator. All system components shallmust be listed by a
nationally recognized testing laboratory and installed in accordance with
NFPA-72.
(i) (k) “Fire door assembly” means a side-hinged, labeled fire
door and labeled frame constructed and installed in compliance with NFPA-80.
(j) (l) “Fire-resistance rating” means the time for an element in
a building to maintain its particular fire resistance properties in accordance
with NFPA-251.
(k) (m) “Fire-resistive construction” means a building having
walls, ceilings, floors, partitions, and roof of non-combustible materials
having a minimum fire-resistance rating of 1 hour. This subdivision does not
prohibit finished wood floors, doors, and windows with assorted frames and
trim.
(l) “Flameproof materials” means materials that will not propagate
flame under the test conditions of NFPA-701. Flameproof materials are usually
combustible materials with the addition of some treatment or coating to modify
their burning properties.
(m) (n) “Flammable” means materials capable of being readily
ignitable from common sources of heat or at a temperature of 600 degrees
Fahrenheit, 316 degrees Celsius, or less.
(o) “Fuel fired appliance” means a device that burns solid, liquid, or gaseous fuel or a combination thereof.
(n) (p) “Hazard area” means those parts of a center building
housing a commercial kitchen, heating plant, fire-fueled water heater,
incinerator, or an area posing a higher degree of hazard than the general
occupancy of the building.
(o) (q) “Heating plant room” means a room or area housing
fuel-fired equipment.
(p) (r) “Interior finish” means the exposed interior surface
materials of walls, fixed or movable partitions, and ceilings. This includes
drywall, masonry, or wood substructure and surfacing materials such as
paneling, tile, or other interior finish material and any surfacing materials,
such as paint or wallpaper, applied thereto. Interior finish includes
materials affixed to the building structure as distinguished from decorations
or furnishings.
(q) (s) “Means of egress” means a minimum of 36 inch wide
continuous and unobstructed path of exit travel from any point in a building to
the outside at grade.
(r) (t) “New construction” means a created structure, addition,
replacement, or alteration of structural components, such as walls.
(s) (u) “Noncombustible” means materials that will do not
ignite and burn when subjected to fire.
(t) (v) “Protected ordinary construction” means all of the
following types of construction:
(i) Roofs and floors and their supports having a minimum of 1-hour fire-resistance rating.
(ii) Exterior bearing walls or bearing portions of exterior walls are of noncombustible or limited combustible materials and have a minimum of 1-hour fire-resistance rating and stability under fire conditions.
(iii) Nonbearing exterior walls are of noncombustible or limited combustible materials.
(iv) Roofs, floors, and interior framing are wholly or partly made of wood of smaller dimension than required for heavy timber construction.
(u) (w) “Standard partition construction” means a substantial
smoke-tight assembly consisting of walls, in conjunction with ceilings at which
they terminate, that are covered on both sides with minimum standard lath and
plaster or ½-inch drywall over 2”x 4” 2 by 4 foot studs.
Doorways in these walls are protected with minimum 1¾-inch flush solid core
wood doors or 20-minute labeled fire-rated doors and equipped with approved
self-closing devices and positive latching hardware. One or more glass panes
are permitted allowed in these walls and doors if each individual
glass panel is fixed pane and not larger than 1,296 square inches of ¼-inch
wired glass with no linear dimension longer than 54 inches, or fire-rated
safety glass, of any size, listed with a minimum fire rating of 45
minutes and installed as listed. In some cases, drywall or plaster is also
necessary to protect the underside of stairs.
(v) (x) “Textile material” means having a napped, tufted,
looped, woven, non-woven, or similar surface.
(w) (y) “Wired glass” means glass not less than ¼-inch thick,
reinforced with wire mesh, number 24 gauge or heavier, with spacing not greater
than 1 square inch.
(x) (z) “Wood frame construction” means that type of
construction in which exterior walls, bearing walls and partitions, and floor
and roof constructions and their supports are made of wood or other combustible
material.
R 400.8510 Plans and specifications; submission; approval; inspections.
Rule 5010 510. (1) A complete set of plans and specifications
of any proposed center or proposed addition, alteration, or remodeling to an
existing center shall must be submitted to the department for
review and approval. If the total cost of the project is $15,000.00 $25,000.00
or more, including labor and materials, the plans shall must bear
the seal of a registered architect or engineer.
(2) Written approval shallmust be obtained from the department
before initiating any construction.
(3) A fire safety inspection shall must be conducted by the bureau
of fire services or a department-approved qualified fire inspector, and an
approval granted, before issuance of the original license and every 4 years
thereafter, at the time of renewal.
(4) If a boiler is used located in the building or child use area
where children are located, then it shallmust be
inspected, and a certificate provided, as required by the boiler division,
of the department of licensing and regulatory affairs.
(5) Fuel-fired furnaces shall must be inspected by a licensed
mechanical contractor before issuance of an original license and every 2 years
at renewal.
(6) Fuel-fired water heaters shall must be inspected by a
licensed mechanical contractor or a licensed plumbing contractor before
issuance of an original license and every 2 years at renewal.
(7) New furnace and water heater installations shall must be
inspected and approved by the local mechanical inspecting authority at the time
of installation.
R 400.8515 Construction.
Rule 515. (1) If child occupancy is limited to the first or main floor, then
the building may be of wood frame construction.
(2) If child occupancy is on the second floor, then all of the
following are required:
(a) The building shall must be of protected ordinary
construction.
(b) All required stairways and vertical openings shall must be
enclosed by walls, in conjunction with openings therein, and ceilings at which
they terminate that meet the requirements of standard partition construction to
provide a protected means of egress to the outside with proper termination to
grade.
(c) All door openings contained in subdivision (b) of this subrule shall
must meet all of the following requirements:
(i) Be protected with 1¾-inch flush solid core wood doors or 20-minute labeled fire-rated doors.
(ii) Be installed in fully stopped smoke-tight, substantial frames.
(iii) Be equipped with approved self-closing devices and non-locking-against-egress positive latching hardware.
(3) If child occupancy is above the second floor, then both of the following are required:
(a) The building shall must be of 1-hour fire-resistive
construction.
(b) All required stairways and other vertical openings shall must
be enclosed by a minimum 1-hour fire-resistive construction to provide a
protected means of egress to the outside with proper termination to grade.
(4) If any portion of a basement is used for more than 30 children, then 1 of the following provisions is required:
(a) Two enclosed stairways of 1-hour fire-resistant construction shall must
discharge directly to the outside with proper termination to grade, and all
openings in the stairways shall must be protected by a minimum
of 45-minute rated fire doors and frame assemblies. “B” labeled fire
doors are acceptable.
(b) One approved exit from the occupied room or use area shall must
discharge directly to the outside with proper termination to grade. Travel
distance from any point in this room or area to this exit shall must
be less than 50 feet.
(c) Two exits comprised of any combination of subdivisions (a) and (b) of this subrule.
(5) If basement occupancy is limited to not more than 30 children, then all of the following apply:
(a) One of the exits required by subrule (4) of this rule shall must
discharge directly to the outside with proper termination to grade, or through
a 1-hour fire-resistive enclosure.
(b) The second exit may terminate at the first floor level with an approved
floor separation, meeting the requirements of standard partition construction
between the basement and the first floor.
(c) For new construction and conversions, the separation shall must
be located at the first floor with travel distance from the door to an approved
exit not to exceed 100 feet.
(6) All vertical openings and stairways that are not required shall must
be constructed and arranged with effective fire and smoke separation under the
requirements of standard partition construction. All door openings shall
must be as follows:
(a) Protected with 1¾-inch flush solid core wood doors or 20-minute labeled fire-rated doors.
(b) Installed in fully stopped smoke-tight substantial frames.
(c) Equipped with approved self-closing devices and non-locking-against-egress positive latching hardware.
R 400.8520 Interior finishes.
Rule 520. (1) The classifications of interior finishes for flame spread and
smoke development, as displayed in Table 6 table 5, shall
must be used as follows:
|
TABLE |
||
|
FLAME SPREAD AND SMOKE DEVELOPMENT FOR INTERIOR FINISHES |
||
|
Class |
Flame Spread |
Smoke Developed |
|
A or I |
0-25 |
0-450 |
|
B or II |
26-75 |
0-450 |
|
C or III |
76-200 |
0-450 |
(2) Basic materials in a means of egress and basement use occupancies shall
must be class A or I or B or II.
(3) Basic materials in all other areas shall must be class C or III.
(4) Interior finish material more hazardous than class C or III is prohibited in child use areas.
(5) If an approved automatic sprinkler system is installed and maintained in
accordance with NFPA-13 and NFPA-25, then class C or III interior wall
and ceiling finish materials are permitted allowed in any
location where class B or II is required and class B or II interior wall and
ceiling finish materials are permitted allowed in any location
where class A or I is required.
(6) In an existing licensed center or conversion, existing interior finishes
that do not comply with the classifications in subrule (1) of this rule may
have their surfaces protected with an approved fire-retardant coating to meet
the classifications for interior finishes. The coatings shall must
be applied to interior finishes that are attached to or furred out not more
than 1 inch from a noncombustible backing and applied according to
manufacturer’s recommendations. Documentation shall must be
provided as required by the department.
(7) Interior finish materials of classes B or II and C or III that are less
than 1/4 inch in thickness shall must be applied directly against
a noncombustible backing or be furred out not more than 1 inch unless, the
tests under which such material has been classed were made without a backer.
(8) Centers licensed before December 7, 2006 may retain previously approved fire retardant coated interior finishes.
(9) Textile materials having a class A or I rating and used as an interior
finish are permitted allowed as follows:
(a) On walls or ceilings of rooms or areas protected by an automatic sprinkler system approved by the department.
(b) On room partitions that are less than ¾ of the floor-to-ceiling height not to exceed 8 feet in height.
(c) To extend up to 4 feet above the finished floor on ceiling-height walls and ceiling-height partitions.
(d) Textile materials are permitted allowed on walls and
partitions where if tested in accordance with and meeting the
standards of NFPA-265. If compliance is achieved by application of a
flame-proofing product in accordance with NFPA-701, documentation shall must
be provided as required by the department.
(10) Drapery material may be used for stage curtains, room dividers, and
similar uses if the material has been was tested and approved in
accordance with NFPA-701.
(11) Drapery material applied to surfaces of a facility as an interior finish shall
must meet the requirements of subrule (9) of this rule.
(12) All vinyl and wooden wall dividers shall must meet the
interior finish requirements of subrules (1), (2), and (3) of this rule, as
applicable.
(13) Bulletin boards shall must meet the interior finish
requirements of subrules (2) and (3) of this rule.
(14) Combustible materials and decorations may be displayed on walls, not to exceed 20% of each wall in each room. Combustible materials and decorations suspended from or near the ceiling are prohibited.
R 400.8525 Exits.
Rule 525. (1) Except as referenced in R 400.8515(5)(b), each occupied
floor shall must have not less than 2 approved exits directly to
the outside with proper termination to grade, remote from each other by 50% of
the longest dimension of the floor or area served, and occupied rooms within
the center shall must be located between means of egress, unless
a first floor, self-contained, occupied room has an approved exit direct to the
outside with proper termination to grade with a maximum travel distance of 50
feet from the most remote point in the room to the exit.
(2) Travel distance to an exit shallmust be as follows:
(a) For infants and toddlers, travel shall must be 50 feet or
less from the door of the occupied room to the exit.
(b) For preschoolers and school-agers, travel shallmust be 100
feet or less from the door of the occupied room to the exit.
(c) Buildings having with a complete automatic sprinkler
protection fire suppression system may increase their travel
distances by 50 feet if the fire suppression system plan is submitted and
approved by the bureau of fire safety.
(d) Those areas approved before July 1, 2000 are exempt from the requirements of this rule.
(3) For all centers initially licensed after December 6, 2006, programs with
infants and toddlers shall must have exits with proper
termination and within 30 inches of grade or exits properly ramped to grade.
(4) Exit doors and all doors in the means of egress shall must be
side-hinged and equipped with knob, lever-type, non-locking-against-egress, or
panic-type hardware.
(5) Exit doors and doors in rooms occupied by 21 or more children shall
must swing in the direction of egress.
(6) Means of egress shall must be maintained in an accessible,
free, and unobstructed manner, easily traveled condition
at all times that the while a center is in operation. Means
of egress shall not be exposed to inherent hazards of the building, including
the heating plant, flammable storage, commercial kitchen, or other similar
conditions.
(7) In new construction, additions, remodeling, and conversions, there shall
must be a floor or landing on each side of an exit door. The floor or
landing shall must be at the same elevation on each side of the
door, except for variations in elevation due to differences in finish
materials, which shall must not exceed ½ inch.
(8) In conversions, landings shall must have a width not less
than the width of the stairway or the width of the door, whichever is greater.
Landings shall must have a length not less than the width of the
door.
(9) In new construction, additions, and remodeling, landings shall must
comply with the latch-side clearance requirements of sections 404.2.3 to
404.2.3.5 of the International Code Council/American National Standards
Institute (ICC/ANSI) standard A117.1,-2017 Standard for Accessible
and Usable Buildings and Facilities, American National Standard, which
is adopted by reference and only applies to this subrule. The
A117.1,-2017 Standard for Accessible and Usable Buildings and Facilities,
American National Standard, can be purchased from the International Code
Council for $36.60 at https://shop.iccsafe.org/icc-a117-1-2017-standard-for-accessible-and-usable-buildings-and-facilities-1.html,
or from the International Code Council, 200 Massachusetts Ave, NW, Suite 250,
Washington DC 20001, or by calling (888) 422 7233. in this
International Code Council at www.iccsafe.org or 1-800-786-4452 at a cost of
$47.50. They are also available for inspection and distribution at no
charge at the Department
of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau,
105 West Allegan Street, Lansing, Michigan 48933. Michigan Department of Licensing and Regulatory
Affairs, Bureau of Community and Health Systems, Child Care Division, 611 West
Ottawa Street, Lansing, MI 48933.
(10) For new construction, additions, and remodeling, an exit door shall
must be not less than 36 inches wide. Doors to multiple-use bathrooms shall
must not be less than 32 inches wide.
(11) For the conversion of an existing building, exterior exit doors shall
must be not less than 36 inches wide. Other use room Existing
interior doors shallmust be not less than 28 inches wide.
Single-use toilet room doors shall must not be less than 24
inches wide. Any remodeled door openings, other than the door swing, shall
must comply with subrule (10) of this rule.
(12) Centers licensed before December 7, 2006 may retain previously approved door widths.
(13) Exterior exits shall must be marked or denoted by an
approved exit sign. All exit signs shall must be distinctive in
color and provide contrast with decorations, interior finish, or other signs.
Each exit sign shall must have the word “EXIT” in plain, legible
letters not less than 6 inches high, on a background of contrasting color, with
strokes not less than ¾-inch wide. The word “EXIT” shall must have
letters that are not less than 2 inches wide, except the letter “I”.
(14) Exit signs shall must be internally or externally illuminated
at all times. To ensure continued illumination for a duration of not less than
90 minutes, in case of primary power loss, the sign illumination means shall
must be connected to an emergency power system provided from storage
batteries, unit equipment, or an on-site generator.
(15) When nighttime care is provided, the center shall must have
exits with proper termination and within 30 inches of grade or exits properly
ramped to grade.
(16) When nighttime care is provided, all exit signs shall must
be illuminated, and emergency lighting provided at the interior and
exterior of the exits.
R 400.8530 Hazard Areas.
Rule 530. (1) Hazard areas shall must be separated from the
parts of the building used as a center in the following manner:
(a) In centers licensed before June 4, 1980, areas used for the storage of
combustibles and other hazard areas will continue to be are approved
if they are enclosed with a minimum ¾-hour fire resistive construction and
doorways to the areas are protected with a minimum 1¾-inch flush solid core
wood or 20-minute labeled fire-rated doors equipped with approved self-closing
devices and positive latching hardware.
(b) In centers licensed between June 4, 1980 and July 1, 2000, areas used for
the storage of combustibles and other hazards will continue to be are
approved if they are enclosed by 1 of the following:
(i) Where If the area used for the storage of combustibles
exceeds 100 square feet, by construction having a minimum 1-hour fire
resistance rating, openings in the separation shall must be
protected with a minimum of 45-minute rated fire door and frame
assembly, including an approved self-closing device and positive latching
hardware. “B” labeled doors are acceptable.
(ii) Where If the area used for the storage of combustibles does
not exceed 100 square feet, by construction having a minimum ¾-hour fire
resistance rating, all door openings shall must be protected by
minimum 1¾-inch flush solid core wood doors or 20-minute labeled fire-rated
doors hung in substantial frames and equipped with approved self-closing
devices and positive latching hardware.
(c) In centers licensed after July 1, 2000, areas used for the storage of
combustibles and other hazards will continue to be are approved
if they are enclosed by 1 of the following:
(i) Where If the area used for the storage of combustibles
exceeds 100 square feet, by construction having a minimum 1-hour fire
resistance rating, openings in the separation shall must be
protected with a minimum of 45 minute-rated fire door and frame
assembly, including an approved self-closing device and positive latching
hardware. “B” labeled doors are acceptable.
(ii) Where If the area used for the storage of combustibles does
not exceed 100 square feet, by construction having a minimum 1-hour fire
resistance rating. All door openings shall must be protected by
minimum 1¾ inch flush solid core wood doors or 20-minute labeled fire-rated
doors in substantial frames and equipped with approved self-closing devices and
positive latching hardware.
(iii) If the area is used for the storage of combustibles, including basements and areas adjacent to the licensed area, a room must be protected according to subrule (1)(c)(i) or (ii) of this rule.
(2) WhereIf a kitchen with commercial fuel fired
appliance cooking equipment exposes a required means of egress or child use
area, it shall must be separated from the remainder of the
building with minimum 1-hour fire resistive construction, including a minimum
of 45-minute rated fire door and frame assemblies in all common openings.
Kitchens having commercial fuel fired appliance cooking
equipment protected by an approved automatic kitchen hood suppression system
are exempt from this requirement. “B” labeled doors are acceptable.
(3) The use of an incinerator is prohibited.
(4) Heating shall must be by a central heating plant or an
approved permanently installed electrical heating system. If heating is
provided by a central heating plant and located on the same floor that is used
for child occupancy or adjacent to the licensed area such as the basement or
attic, it shall must be installed in an enclosure providing
not less than a 1-hour fire-resistive separation, including a minimum of
45-minute rated fire door and frame assembly equipped with an approved
self-closing device and positive latching hardware in any interior door
opening. Door openings for heat plant enclosures not located on the same
floor that is used for child occupancy may have 1¾-inch flush solid wood core doors
or 20-minute labeled fire-rated doors having positive latching hardware and an
approved self-closing device. Air for proper combustion, a minimum of 1 square
inch per 4,000 BTUs input, shall be provided directly from the outside through
a permanently opened louver or metal duct. “B” labeled doors are acceptable.
(5) In centers licensed before December 7, 2006, a properly installed heating
plant located in a basement that is not used for child occupancy does not
require additional protection where if there is a qualified fire
separation and with at least not less than a 1¾-inch flush solid
core wood doors or 20-minute labeled fire-rated doors hung in a substantial
frame and equipped with an approved self-closing device and positive latching
hardware in all stairway openings.
(6) Any fuel-fired water heater or other similar equipment appliance
shall must be located according to subrule (4) or (5) of this
rule, as applicable.
(7) Where If electric heating is used, it shall must
be Underwriters’ Laboratories, Inc. (UL) listed, permanent, fixed-type
electrical heating such as recognized panel or baseboard fixed-type. Electric
heating that complies with this requirement may be installed in any location.
(8) Auxiliary heating units, such as portable combustion or electrical types, are prohibited.
(9) The center shall not store flammable materials, including fuels,
pressurized cans, cleaning fluids and supplies, polishes, and matches, in heat
plant enclosures. These items may be stored outside of child use areas in
metal cabinets or storage facilities accessible only to authorized personnel
staff.
(10) The center shall not store combustible materials within the central heating plant or fuel-fired water heater rooms or in basements containing fuel-fired heating equipment, without a proper fire separation.
(11) The center shall not permit allow flammable gases,
gasoline, or gasoline-powered equipment in the part of a building that is used
as a center or in other parts of the building from which there is a door,
window, or other opening into the center, unless that part of the building is
separated from the remainder of the building by minimum 2-hour fire resistive
construction.
(12) If commercial-type a fuel fired laundry equipment is
installed, then the equipment shall must be enclosed to
provide a 1-hour resistance to fire, including a minimum of 45-minute rated
fire door and frame assembly in an interior door opening that would
expose the center. “B” labeled doors are acceptable.
(13) Dryer vents shall must be metal or Underwriters’ Laboratories, Inc (UL) listed flexible transition duct and vented completely
to the exterior.
(14) The department does not require fire dampers in ¾-hour and 1-hour fire-resistive enclosures.
(15) All appliances and equipment in the center shall must be
installed and maintained in accordance with their manufacturer’s
specifications.
(16) Centers shall be kept maintained free of all conditions
that constitute fire safety hazards.
(17) When oxygen is needed for a child in care, all of the following must apply:
(a) The center shall not store more than a day’s worth of oxygen on the premises and only when the child is in attendance.
(b) Tanks that are not in use must be secured from tipping over and labeled as full or empty.
(c) Signs stating “Oxygen in Use” must be posted at every entrance of the building.
R 400.8535 Fire alarm.
Rule 535. (1) In any building used as a centers with 4 child-occupied
rooms or less, excluding bathrooms, and 60 or less children, an approved
fire alarm a fire evacuation method, either electrical or manual, shall
must be installed, with a separate and distinct notice sounding
throughout the center.
(2) In centers of more than 4 child-occupied rooms, excluding bathrooms, or in
centers licensed for more than 60 children, an approved fire alarm system shall
must be installed and maintained in compliance with NFPA-72.
(3) In new construction, conversions, remodeling, or newly licensed centers,
the trouble signal for required fire alarm systems shall must be
located in an area normally occupied by child care staff members.
R 400.8540 Smoke detectors; carbon monoxide detectors.
Rule 540. (1) All child care centers shall, at a minimum, be equipped with
approved single station smoke detectors alarms covering all use
areas and their means of egress. These smoke detectors shall must be
located and spaced according to NFPA-72.
(2) Centers in buildings equipped with a fire alarm system shall have system smoke detectors installed in accordance with subrule (1) of this rule that are connected to and monitored by the fire alarm system.
(2)
(3) Centers in buildings with any fuel-fired heating systems
shall have a carbon monoxide detector, listed by a nationally recognized
testing laboratory, on all levels approved for child care and in each use area
covered by a different furnace zone.
(3)
(4) Centers shall properly install and maintain all detectors in
operable condition in accordance with manufacturer’s recommendations.
(5) Other detector installation and arrangements approved before the adoption of these rules may remain in service.
R 400.8545 Fire extinguishers.
Rule 545. (1) Multipurpose fire
extinguishers, having ratings of not less than 2A-10BC, shall must
be installed in or adjacent to the kitchen
or cooking area and in or adjacent to the door of the heating plant room.
(2) The requirement of having a Additional
multipurpose fire extinguishers with ratings of not less than 2A-10BC
shall must be provided
in accordance with NFPA-10 for light hazard occupancies, including child care
centers. determined by the department or a department-approved
qualified fire inspector and shall be based on the capacity of the center and
on other conditions in the facility.
(3) Fire extinguishers shall must
be properly mounted, inspected, and
maintained in accordance with NFPA-10. The fire extinguisher shall must
bear a tag indicating the last date of
inspection or service and the initials of the person individual who
performed the inspection or service.
R 400.8565 Fire safety; exemptions for public and nonpublic school buildings.
Rule 565. The rules with respect to fire prevention and fire safety in this
part do not apply to a center established and operated by an intermediate
school board, the board of a local school district, or by the
board or governing body of a state-approved nonpublic school, or by a
person an individual or entity with whom a school contracts for
services, if the center is located in a school building that is approved by the
state fire marshal or other similar authority for school purposes.
PART 9. TRANSPORTATION
R 400.8701. Definitions.
Rule 701. As used in this part:
(a) “Manufacturer’s rated seating capacity” means the number of places or spaces provided by the manufacturer of a vehicle for the driver and passengers to sit while the vehicle is in motion.
(b) “Motor vehicle” means a self-propelled device in which persons individuals
are or may be transported upon a highway, built on an automobile or
truck chassis specifically designed by the manufacturer to transport
passengers, or specially modified to transport handicapped passengers, and that
meets the safety equipment requirements of sections 683 to 711 of the Michigan
vehicle code, 1949 PA 300, MCL 257.683 to 257.711.
(c) “Multifunction school activity bus” means that term as described in section 7 of the pupil transportation act, 1990 PA 187, MCL 257.1807.
(d) “Safety belt” means an automobile lap belt or lap-shoulder belt combination designed to restrain and protect a passenger or driver of a vehicle from injury.
(e) “School bus” means that term as defined in section 7 of the pupil transportation act, 1990 PA 187, MCL 257.1807.
(f) “School transportation” means transportation provided by a public, non-public, or private school.
(g) “Transportation” means the conveyance of children by means of a motor vehicle to or from a center and to and from all activities planned for children by or through the center.
(h) “Transportation component” means when a center uses center owned vehicles, vehicles of staff or volunteers, or other private or contracted transportation to transport children for any reason. Transportation component does not include either of the following:
(i) Transportation is not a component of the child care program if a child care center uses public transportation or public or private school transportation; however, certain transportation rules still apply.
(ii) Transportation is not a component of the child care program If
if a child care center contracts with, or is established and operated by
an intermediate school district, the board of a local school district, or by
the board or governing body of a state-approved nonpublic school.,
If transportation is not a component of the child care program, then
the school is responsible for the health and safety of children during
transportation, and transportation is not considered a component of the
child care program. If this paragraph applies, a child care center is not
required to complete a comprehensive background check on the transportation
staff through the Child Care Background Check System.
(i) “Volunteer motor vehicle” means a motor vehicle not owned by, leased by, or registered to the center or principle or employee of the center.
R 400.8710 Transportation.
Rule 710. (1) If transportation other than public transportation or school transportation is provided, contracted, or sponsored by the center, all rules in this part apply.
(2) If public transportation or school
transportation is used, then only R 400.8760, 400.8770, and 400.8149
400.8780 apply.
(3) If a parent makes a private
arrangement for the transportation of his or hertheir child, not
including arrangements made with the center, the rules in this part do not
apply.
R 400.8740 Manufacturer’s rated seating capacity; restraint devices; safety belts.
Rule 740. (1) Each child transported shall be seated according to the manufacturer’s rated seating capacity and properly restrained by a passenger restraint device as required by sections 710d and 710e of the Michigan vehicle code, 1949 PA 300, MCL 257.710d and 257.710e.
(2) Passenger restraint devices, as required by subrule (1) of this rule, are not required for children transported on a school bus or a multifunction school activity bus.
(3) Each restraint device must be properly anchored to the vehicle seat and used according to the manufacturer’s specifications.
(4) Allowing 2 or more children to share a seat belt or restraint device is prohibited.
(4)
(5) The driver of a motor vehicle and all adult passengers shall be
seated according to the manufacturer’s rated seating capacity and properly
restrained by safety belts when the motor vehicle is in motion.
(5)
(6) All safety belts and restraint devices used while transporting
children and adults must be in good working condition.
R 400.8760 Program Staff and unsupervised volunteer-to-child ratio and supervision in
transit.
Rule 760. (1) The ratio of staff and volunteers-to-children in transit, including
children related to a staff member, volunteer, licensee, or driver, must
beis based on the following provisions:
(a) For infants and toddlers, there must be 1 program staff member or unsupervised volunteer for 4 children. The driver does not count in the staff and volunteer-to-child ratio.
(b) For preschoolers under 3 years of age, there must be 1 staff member or volunteer for 8 children. The driver does not count in the program staff and unsupervised volunteer-to-child ratio.
(c) For 3-year-olds, there must be 1 program staff member or unsupervised volunteer for 10 children. The driver may be counted in the program staff or unsupervised volunteer-to- child ratio.
(d) For 4-year-olds, there must be 1 child care staff member or volunteer for 12 children. The driver may be counted in the staff or volunteer-to-child ratio.
(e) For school-agers, there must be 1 child care staff member or volunteer for 18 children. The driver may count in the staff or volunteer-to-child ratio. This requirement does not apply when school-age children are transported to and from school on school transportation or are using public transportation.
(f) An additional child care staff member or volunteer is not required if only 1 child under 36 months of age is transported.
(2) To count in the child care staff member or volunteer-to-child ratios, child care staff members or volunteers shall be all of the following:
(a) At least Not less than 16 years of age.
(b) Seated with the children.
(c) Responsible for the supervision of the children.
(3) When children are entering or leaving the motor vehicle, the following safety precautions must be taken:
(a) The accompanying child care staff member, volunteer, or driver shall
ensure that the children are received by a child care staff member,
parent, or other personindividual as designated by the parent.
(b) Children shall enter and leave the motor vehicle from the curbside unless the vehicle is in a protected parking area or driveway.
(4) Children shall not be left unattended in a motor vehicle.
(5) When children under school-age are entering or leaving the motor vehicle, the children shall be carried or helped into and out of the motor vehicle.
R 400.8770 Time limitation on child transit.
Rule 770. For children under
school-age, transportation routes shall must be planned so that a
child is not in the motor vehicle longer than 1 1.5 continuous
hours.
R 400.8780 Parent permission for transportation.
Rule 780. (1) A center shall obtain a parent’s written permission annually for routine transportation.
(2) A center shall obtain a parent’s written permission for any non-routine transportation before each trip.
(3) Permission for all transportation must be maintained on file at the center.
PART 10. SWIMMING
R 400.8810 Swimming; child care staff member-to-child ratio.
Rule 810. (1) Written parental permission regarding their child’s participation
in swimming activities must be keptmaintained on file at the
center.
(2) A lifeguard shall be on duty at all swimming activities and shall not be included in the child care staff member-to-child ratio.
(3) For children under 3 years of age, there shall be an in-the-water ratio of 1 child care staff member to 1 child.
(4) For all non-swimmers 3 years of age and older, there shall be an in-the-water ratio of 1 child care staff member to 4 children when the water level is at the child’s chest height or lower. When the water level is above the child’s chest height, there shall be an in-the-water ratio of 1 child care staff member to 1 child.
(5) For swimmers 3 years of age and older, there shall be an in-the-water
child care staff member-to-child ratio as required by R 400.8182(3) 400.8222(3).
R 400.8830 Instructional swim.
Rule 830. (1) Instructional swim must be conducted under the supervision of a qualified water safety instructor (WSI), who is certified by the American Red Cross, in an organization such as the YMCA or YWCA, and where instructional swim is part of the organized program.
(2) The child care staff member-to-child ratio under R 400.8182(3) 400.8222(3)
must be maintained. The instructor shall not be included in the ratio.
R 400.8840 Swimming activity area.
Rule 840. (1) All swimming areas must be maintained in a clean and safe condition.
(2) A public pool used for swimming must be inspected by the local health
department and issued a license by the department of environmental quality
environment, Great Lakes, and energy.
(3) The water at a public or private beach must not be used if deemed determined
unsafe by the local health department.
(4) A working phone must be accessible on the premises.
(5) All of the following safety equipment must be readily accessible:
(a) First aid kit.
(b) Rescue pole or throwing rope and ring buoy.
(c) Signaling device.
(6) The use of hot tubs, residential pools, and private wading pools is prohibited.