DEPARTMENT OF LIFELONG EDUCATION, ADVANCEMENT, AND POTENTIAL  
CHILD CARE LICENSING BUREAU  
LICENSING CHILD CARE CENTERS  
Filed with the secretary of state on May 7, 2025  
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)  
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R 400.8380, and R 400.8385 are rescinded, as follows:  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. DEFINITIONS, LICENSING PROCESS, PROCEDURES, AND RECORDS  
R 400.8101 Definitions; A to I.  
Rule 101. (1) As used in these rules:  
(a) “Accredited college or university” means a college or university that 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  
December 10, 2024  
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organizations.  
(c) “Adult” means 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-aged” 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 school-aged on the first day of  
the school year in which the child 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.  
(i) “CEU” means a continuing education unit awarded by an accredited college or  
university sponsor of continuing education units or state continuing education clock hour  
awarded by the state board of education.  
(j) “Child care administration” means educational courses in child care administration,  
education administration, educational leadership, or business administration.  
(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.  
(l) “Child development associate credential” means a credential awarded by the council  
for professional recognition or a similar credential approved by the department.  
(m) “Child-related field” means either of the following:  
(i) For an early childhood program administrator and lead 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 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.  
(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.  
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(iii) Influenza.  
(iv) Measles.  
(v) Mumps.  
(vi) Pertussis, which is also referred to as whooping cough.  
(vii) Rubella.  
(viii) Tuberculosis.  
(p) “Comprehensive background check” means a department review of an individual  
pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q.  
(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 this state as referenced in section 5n(15) and (16)  
of the act, MCL 722.115n.  
(r) “Degrees and semester hours” means only those degrees and hours from an accredited  
college or university.  
(s) “Department” means the department of lifelong education, advancement, and  
potential.  
(t) “Developmentally appropriate” means age appropriate 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 administrator” means a child care staff member who is the  
program administrator of an early childhood center 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) “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, 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 of assorted sizes, a roll of gauze, adhesive bandages of 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.  
(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.  
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(ee) “Independent service provider” means 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. Independent  
service providers are not considered contract employees or self-employed as described in  
the act as long as the independent service providers 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 to R.  
Rule 102. As used in these rules:  
(a) “Lead teacher” means a child care staff member employed by the child care center  
for compensation who is responsible for organizing, guiding, and implementing activities  
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) “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).  
(c) “Michigan school age or youth development associate credential” means a credential  
issued by the Michigan afterschool partnership in collaboration with or similar credential  
approved by the department.  
(d) “MiRegistry” is the electronic data system for child care providers that is maintained  
by the department to verify and track employment, training, and educational  
accomplishments.  
(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, American Montessori Society, or any Montessori teaching or training  
institution recognized by the Montessori Accreditation Council for Teacher Education 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  
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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.  
(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.  
(m) “Playspace” means a piece or pieces of age-appropriate toys, play equipment, and  
materials that 1 child can use independently for 15 minutes.  
(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.  
(q) “Program components” means the different services offered by a center. Program  
components include, but are not limited to, infant and toddler, preschool, and school-age  
care and education; nighttime care; food service; swimming; and transportation.  
(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. Program staff does not include volunteers,  
therapeutic professionals, and independent service providers.  
(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 to Z.  
Rule 103. As used in these rules.  
(a) “Sanitize” means reducing the number of germs on surfaces after cleaning the item  
by using heat, sanitizing solution, 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  
pursuant to 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 care center” means a child care center serving only school-age  
children.  
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(d) “School-age program administrator” means 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 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.  
(g) “Site administrator” means 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.  
(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. Staff 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.  
(m) “Supervised volunteer” means 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.  
(p) “Unsupervised volunteer” means a child care staff member who is 16 years of age or  
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older, provides service for a child care center that is not compensated, 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.  
(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 the applicant shall also complete, sign, and  
submit the department’s child care licensee designee form in the manner prescribed by the  
department.  
(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  
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to operate the center 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 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,  
special investigation reports, corrective action plans, approval letters for the last 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 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) Within 5 business days, the licensee shall notify the department of the separation of a  
licensee designee or program administrator, and a plan for replacement of the individual.  
(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 Children’s records.  
Rule 112. (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  
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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, pursuant to 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 assistance 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  
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acknowledges and accepts the potential hazards and risks associated with the center must  
be maintained on file at the center.  
R 400.8112a Center records.  
Rule 112a. (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 Rescinded.  
R 400.8113 Information provided to parents.  
Rule 113. (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.  
11  
(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 Rescinded.  
R 400.8119 Rescinded.  
PART 2. 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-aged.  
(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 Rescinded.  
R 400.8125 Outdoor play area.  
Rule 125. (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  
12  
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 on request and keep it on file at  
the center. All equipment present on a center playground must comply with one of the  
following:  
(a) 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 subdivision  
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.  
(b) 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 subdivision 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.  
13  
(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) Playground equipment including, but not limited to, swings, climbers, and slides with  
a designated play surface above 30 inches 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  
14  
file at the center.  
R 400.8128 Rescinded.  
R 400.8131 Equipment.  
Rule 131. (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, pursuant to section 15  
of the children’s product safety act, 2000 PA 219, MCL 722.1065.  
(3) Materials that have a warning label indicating the materials 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.  
15  
R 400.8134 Sleeping Equipment.  
Rule 134. (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  
16  
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.  
R 400.8137 Telephone service.  
Rule 137. (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.  
R 400.8140 Water supply; plumbing.  
Rule 140. (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, toilet rooms, 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 Toilets; hand washing sinks.  
Rule 143. (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.  
17  
(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 Sewage disposal.  
Rule 146. (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 Garbage and refuse.  
Rule 149. (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 400.8152 Heating; temperature.  
Rule 152. (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.  
R 400.8155 Light, ventilation, and screening.  
18  
Rule 155. (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.  
R 400.8158 Premises.  
Rule 158. (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.  
R 400.8161 Maintenance of premises.  
Rule 161. (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  
19  
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 pursuant  
to section 8316 of the natural resources and environmental protection act, 1994 PA 451,  
MCL 324.8316.  
R 400.8164 Poisonous or toxic materials.  
Rule 164. 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 Smoking or vaping.  
Rule 167. (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  
on 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 Rescinded.  
R 400.8173 Rescinded.  
R 400.8176 Rescinded.  
R 400.8179 Rescinded.  
R 400.8182 Rescinded.  
R 400.8185 Rescinded.  
R 400.8188 Rescinded.  
R 400.8191 Rescinded.  
PART 3. STAFFING  
20  
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 pursuant to 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 pursuant to 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.  
21  
(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 pursuant to section 5n  
of the act, MCL 722.115n, and resided out of the United States within the preceding 5 years,  
shall also, pursuant to 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,  
22  
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 a g r e e d - o n 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  
23  
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 the program  
director remains 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 the substitute director remains 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-  
24  
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 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 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 the site supervisor  
remains 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.  
25  
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:  
26  
(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.  
27  
(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.  
28  
(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) of this rule, 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  
29  
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 M i R e g i s t r y .  
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) 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)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)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)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 M i R e g i s t r y . 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  
30  
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 c h i l d r e n b e t w e e n t h e a g e s o f b i r t h a n d 3  
y e a r s o f a g e a r e p r e s e n t . A second child care staff member is required when  
31  
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 w h e n 7 o r m o r e c h i l d r e n o v e r 3 y e a r s o f a g e a r e p r e s e n t . 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 Maximum  
to Child Ratio  
1 to 4  
Group Size  
12  
(a)  
(b)  
(c)  
(d)  
(e)  
Infants and toddlers, birth until 30  
months of age  
Preschoolers, 30 months of age until 3  
years of age  
Preschoolers, 3 years of age until 4 years  
of age  
Preschoolers, 4 years of age until school-  
age  
1 to 8  
24  
30  
40  
54  
1 to 10  
1 to 12  
1 to 18  
School-aged children  
(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-  
aged child 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  
32  
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. 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.  
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(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  
34  
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  
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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) I f t h e 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  
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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) Fires.  
(b) Tornadoes.  
(c) Floods.  
(d) Power outages.  
(e) Extreme weather events.  
(f) Other natural or man-made disasters.  
(g) Serious injuries or accidents.  
(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) 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.  
37  
(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  
38  
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. PROGRAM AND CARE  
R 400.8271 Child d e v e l o p m e n t  
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.  
39  
(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  
40  
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.  
41  
(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 3 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.  
42  
(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.  
(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.  
(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.  
(g) “Packaged” means bottled, canned, in a carton, or securely wrapped.  
(h) “Ready to eat food” means food that does not require cooking and is not cooked  
before being served.  
(i) “Sealed” means free of cracks or other openings that allow the entry or passage of  
moisture.  
(j) “Single-service articles” means those food service articles intended for 1-time, 1-  
person use and then discarded.  
(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 fuel-fired cooking equipment,  
including, but not limited to, stoves, ranges, ovens, and griddles.  
(4) If residential hood ventilation is used, 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) 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 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.  
43  
(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 identified 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) 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 is 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 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) TCS foods that have been cooked and 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) Probe thermometers must be used to ensure the attainment and maintenance of  
proper internal cooking, holding, reheating, or refrigeration temperatures of all 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 Dishwashing.  
Rule 325. (1) All tableware, utensils, food contact surfaces, and food service equipment  
must be thoroughly cleaned and sanitized after each use. Multi-purpose tables must be  
thoroughly 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 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 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.  
(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) In the first compartment, wash using detergent and water at or above 110 degrees  
44  
Fahrenheit or at the temperature specified by the detergent manufacturer.  
(c) In the second compartment, rinse in clear water making sure to remove all traces of  
food and detergent.  
(d) In the third compartment or suitable container, sanitize using 1 of the following  
methods:  
(i) Immersion for not less than 30 seconds in clean, hot water of not less than 171  
degrees Fahrenheit.  
(ii) Immersion with a food-grade sanitizing solution mixed as described on the  
manufacturer’s label for sanitizing. A test kit or other device that measures 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 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 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 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.  
45  
(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, 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.  
(18) Warmed food, bottles, and beverage containers must be shaken or stirred to  
distribute the heat, and the temperature must be tested before feeding.  
(19) The contents of a bottle or beverage container must be discarded if any of the  
following apply:  
(a) The contents appear unsanitary.  
(b) The bottle or beverage container was used for feeding for a period that exceeds 1  
hour from the beginning of the feeding.  
(c) The bottle or beverage container requiring refrigeration was unrefrigerated for 1  
hour or more.  
(20) Formula and milk, including breast milk, left in a bottle or beverage container after  
a feeding must not be reused.  
(21) Bottle propping is prohibited.  
(22) When feeding, child care staff members shall hold infants, except when infants resist  
being held and are able to hold their bottle.  
(23) Infants or toddlers shall not have bottles, beverage containers, or food in sleeping  
equipment.  
(24) Children shall not have beverage containers or food while they are walking around  
or playing.  
(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 mealtimes.  
(26) Breastfeeding must be supported and accommodated.  
(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 department of education.  
(2) The following standards are incorporated by reference in these rules: “Child and Adult  
Care Food Program,” 7 CFR part 226. Copies of these regulations may be obtained from  
the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing  
46  
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.  
(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 after opening.  
(c) Milk must not be served if the contents appear 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 mealtime.  
(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 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 is served to only 1 child and is  
discarded at the end of the feeding period.  
(17) Uneaten food that remains on a dish from which a child was fed must be discarded.  
(18) Food that was 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.  
47  
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  
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  
maintained in the refrigerator for up to 4 days or 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 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 maintained at a safe temperature until used, which  
must not be more 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  
48  
380.1901 to 380.1911, the center is considered compliant with this rule.  
R 400.8345 Rescinded.  
R 400.8350 Rescinded.  
R 400.8355 Rescinded.  
R 400.8360 Rescinded.  
R 400.8365 Rescinded.  
R 400.8370 Rescinded.  
R 400.8375 Rescinded.  
R 400.8380 Rescinded.  
R 400.8385 Rescinded.  
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)  
(f)  
R 400.8274  
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.  
49  
(b)  
(c)  
(d)  
R 400.8158(2) and (3)  
R 400.8161(8) and (9)  
R 400.8501 to R 400.8565.  
If the school-age child care center operates  
in a school building.  
If the school-age child care center operates  
in a school building.  
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)  
(f)  
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.  
If a school-age child care center uses school  
transportation only.  
R 400.8701  
R 400.8710(1) and (2)  
R 400.8720  
R 400.8730  
R 400.8740  
R 400.8750  
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  
50  
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 a g r e e d - o n 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) Three hours of MiRegistry approved training in each of the following areas:  
(A) Program management.  
(B) Observation, documentation, and assessment.  
(C) Teaching and learning.  
(iii) Six 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) Six 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) Three hours of MiRegistry approved training in each of the following areas:  
(A) Program management.  
(B) Observation, documentation, and assessment.  
(C) Teaching and learning.  
(iii) Six 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  
51  
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) Six 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 degree or higher in any field of study.  
(ii) Three hours of MiRegistry approved training in each of the following areas:  
(A) Program management.  
(B) Observation, documentation, and assessment.  
(C) Teaching and learning.  
(iii) Six 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.  
52  
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 or credential, or associate 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 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. 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  
53  
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 National Fire Protection Association (NFPA) standards, in table 4, are  
adopted by reference in these rules with the exemptions noted. The standards are available  
for free 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.  
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.  
TABLE 4  
Standard  
NFPA-10  
NFPA-13  
Title  
Edition  
2018  
2019  
Standard for Portable Fire Extinguishers  
Standard for the Installation of Sprinkler Systems  
NFPA-17A Standard for Wet Chemical Extinguishing Systems  
2024  
Standard for the Inspection, Testing and Maintenance of  
Water-Based Fire Protection Systems  
NFPA- 25  
2017  
NFPA-72  
NFPA-80  
National Fire Alarm Code and Signaling Code  
Standard for Fire Doors and Other Opening Protectives  
Standard for Ventilation Control and Fire Protection of  
Commercial Cooking Operations  
Standard Methods of Fire Resistance of Building  
Construction and Materials  
2019  
2019  
NFPA-96  
2024  
2006  
NFPA-251  
Standard Methods of Fire Tests for Evaluation Room Fire  
NFPA-265 Growth Contribution of Textile Coverings on Full Height 2019  
Panels and Walls  
Standard Methods of Fire Tests for Flame Propagation of  
Textiles and Films  
NFPA-701  
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 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.  
54  
(d) “Combustible” means materials that ignite and burn when subjected to a fire or  
excessive heat.  
(e) “Conversion” means to alter the use of an existing building or room to a center.  
(f) “Existing building” means a structure or part of a structure not currently used as a  
center.  
(g) “Existing licensed center” means a center that was licensed on or before December  
7, 2006 and whose license continues uninterrupted.  
(h) “Exit” means a way of departure from the interior of a building or structure to the  
open air outside at ground level.  
(i) “Fire alarm” means a device used to alert the occupants of the building of fire or  
smoke conditions. The device must be audible in all parts of the building used as a center.  
(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 must be listed by a nationally  
recognized testing laboratory and installed in accordance with NFPA-72.  
(k) “Fire door assembly” means a side-hinged, labeled fire door and labeled frame  
constructed and installed in compliance with NFPA-80.  
(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.  
(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.  
(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.  
(p) “Hazard area” means those parts of a center building housing a commercial kitchen,  
heating plant, fuel-fired water heater, incinerator, or an area posing a higher degree of  
hazard than the general occupancy of the building.  
(q) “Heating plant room” means a room or area housing fuel-fired equipment.  
(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.  
(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.  
(t) “New construction” means a created structure, addition, replacement, or alteration of  
structural components, such as walls.  
(u) “Noncombustible” means materials that do not ignite and burn when subjected to  
fire.  
(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.  
55  
(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.  
(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 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 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.  
(x) “Textile material” means having a napped, tufted, looped, woven, non-woven, or  
similar surface.  
(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.  
(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 510. (1) A complete set of plans and specifications of any proposed center or  
proposed addition, alteration, or remodeling to an existing center must be submitted to the  
department for review and approval. If the total cost of the project is $25,000.00 or more,  
including labor and materials, the plans must bear the seal of a registered architect or  
engineer.  
(2) Written approval must be obtained from the department before initiating any  
construction.  
(3) A fire safety inspection 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 located in the building or child use area where children are located, it  
must be inspected, and a certificate provided, as required by the boiler division of the  
department of licensing and regulatory affairs.  
(5) Fuel-fired furnaces 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 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 must be inspected and approved by the  
local mechanical inspecting authority at the time of installation.  
56  
R 400.8515 Construction.  
Rule 515. (1) If child occupancy is limited to the first or main floor, the building may be  
of wood frame construction.  
(2) If child occupancy is on the second floor, all of the following are required:  
(a) The building must be of protected ordinary construction.  
(b) All required stairways and vertical openings 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 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 must be of 1-hour fire-resistive construction.  
(b) All required stairways and other vertical openings 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 must discharge directly  
to the outside with proper termination to grade, and all openings in the stairways must be  
protected by a minimum of 45-minute rated fire door assemblies. “B” labeled fire doors  
are acceptable.  
(b) One approved exit from the occupied room or use area must discharge directly to the  
outside with proper termination to grade. Travel distance from any point in this room or  
area to this exit 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 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 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 must be constructed and  
arranged with effective fire and smoke separation under the requirements of standard  
partition construction. All door openings must be as follows:  
(a) Protected with 1¾-inch flush solid core wood doors or 20-minute labeled fire-rated  
doors.  
57  
(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 5, must be used as follows:  
TABLE 5  
FLAME SPREAD AND SMOKE DEVELOPMENT FOR INTERIOR FINISHES  
Class  
Flame Spread  
0-25  
26-75  
Smoke Developed  
0-450  
0-450  
A or I  
B or II  
C or III  
76-200  
0-450  
(2) Basic materials in a means of egress and basement use occupancies must be class A  
or I or B or II.  
(3) Basic materials in all other areas 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, class C or III interior wall and ceiling finish materials are  
allowed in any location where class B or II is required and class B or II interior wall and  
ceiling finish materials are 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 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 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 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 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 allowed on walls and partitions if tested in accordance with and  
58  
meeting the standards of NFPA-265. If compliance is achieved by application of a flame-  
proofing product in accordance with NFPA-701, documentation 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 was tested and approved in accordance with NFPA-701.  
(11) Drapery material applied to surfaces of a facility as an interior finish must meet the  
requirements of subrule (9) of this rule.  
(12) All vinyl and wooden wall dividers must meet the interior finish requirements of  
subrules (1), (2), and (3) of this rule, as applicable.  
(13) Bulletin boards 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 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 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 must be as follows:  
(a) For infants and toddlers, travel must be 50 feet or less from the door of the occupied  
room to the exit.  
(b) For preschoolers and school-aged, travel must be 100 feet or less from the door of  
the occupied room to the exit.  
(c) Buildings with a complete 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 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 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 must swing in the  
direction of egress.  
(6) Means of egress must be maintained in an accessible, free, and unobstructed manner  
while a center is in operation.  
(7) In new construction, additions, remodeling, and conversions, there must be a floor or  
landing on each side of an exit door. The floor or landing must be at the same elevation  
on each side of the door, except for variations in elevation due to differences in finish  
59  
materials, which must not exceed ½ inch.  
(8) In conversions, landings must have a width not less than the width of the stairway or  
the width of the door, whichever is greater. Landings must have a length not less than the  
width of the door.  
(9) In new construction, additions, and remodeling, landings must comply with the latch-  
side clearance requirements of sections 404.2.3 to 404.2.3.5 of the International Code  
Council 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.  
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.  
(10) For new construction, additions, and remodeling, an exit door must be not less than  
36 inches wide. Doors to multiple-use bathrooms must not be less than 32 inches wide.  
(11) For the conversion of an existing building, exterior exit doors must be not less than  
36 inches wide. Existing interior doors must be not less than 28 inches wide. Single-use  
toilet room doors must not be less than 24 inches wide. Any remodeled door openings,  
other than the door swing, must comply with subrule (10) of this rule.  
(12) Centers licensed before December 7, 2006 may retain previously approved door  
widths.  
(13) Exterior exits must be marked or denoted by an approved exit sign. All exit signs  
must be distinctive in color and provide contrast with decorations, interior finish, or other  
signs. Each exit sign 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” must have letters that are not less than 2 inches wide, except the letter  
“I”.  
(14) Exit signs 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 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 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 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 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 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  
60  
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 are approved if they are enclosed by 1 of the following:  
(i) 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  
must be protected with a minimum of 45-minute rated fire door assembly, including an  
approved self-closing device and positive latching hardware. “B” labeled doors are  
acceptable.  
(ii) 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 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 are approved if they are enclosed by 1 of the following:  
(i) 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  
must be protected with a minimum of 45 minute-rated fire door assembly, including an  
approved self-closing device and positive latching hardware. “B” labeled doors are  
acceptable.  
(ii) 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 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) If a kitchen with fuel-fired appliance cooking equipment exposes a required means of  
egress or child use area, it 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 assemblies in all common openings. Kitchens having 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 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 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 assembly equipped  
with an approved self-closing device and positive latching hardware in any interior door  
opening.  
(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 if  
there is a qualified fire separation and with not less than a 1¾-inch flush solid core wood  
61  
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 appliance must be located according to subrule (4) or (5) of this rule,  
as applicable.  
(7) If electric heating is used, it 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 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 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 a fuel-fired laundry equipment is installed, the equipment must be enclosed to  
provide a 1-hour resistance to fire, including a minimum of 45-minute rated fire door  
assembly in an interior door opening that would expose the center. “B” labeled doors are  
acceptable.  
(13) Dryer vents 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 must be installed and maintained in  
accordance with their manufacturer’s specifications.  
(16) Centers shall be 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 centers with 4 child-occupied rooms or less, excluding bathrooms, and  
60 or less children, a fire evacuation method, either electrical or manual, 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 must be installed and  
62  
maintained in compliance with NFPA-72.  
(3) In new construction, conversions, remodeling, or newly licensed centers, the trouble  
signal for required fire alarm systems must be located in an area normally occupied by  
child care staff members.  
R 400.8540 Smoke alarms; carbon monoxide detectors.  
Rule 540. (1) All child care centers shall, at a minimum, be equipped with approved  
single station smoke alarms covering all use areas and their means of egress. These smoke  
alarms must be located and spaced according to NFPA-72.  
(2) Centers in buildings equipped with a fire alarm system shall have system smoke  
alarms installed in accordance with subrule (1) of this rule that are connected to and  
monitored by the fire alarm system.  
(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.  
(4) Centers shall properly install and maintain all alarms and 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,  
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) Additional fire extinguishers must be provided in accordance with NFPA-10 for light  
hazard occupancies, including child care centers.  
(3) Fire extinguishers must be properly mounted, inspected, and maintained in accordance  
with NFPA-10. The fire extinguisher must bear a tag indicating the last date of inspection  
or service and the initials of the 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, the board or governing body of a state-approved nonpublic school, or  
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:  
63  
(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 individuals are or may be  
transported on 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 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, the school is  
responsible for the health and safety of children during transportation. 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, only R 400.8760, 400.8770,  
and 400.8780 apply.  
(3) If a parent makes a private arrangement for the transportation of their 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  
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rated seating capacity and properly restrained by a passenger restraint device pursuant to  
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.  
(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.  
(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 is 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-aged, 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) 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 individual as designated  
by the parent.  
(b) Children shall enter and leave the motor vehicle from the curbside unless the vehicle  
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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 must be planned so that a  
child is not in the motor vehicle longer than 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 maintained 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 400.8222(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 400.8222(3) must be maintained.  
The instructor shall not be included in the ratio.  
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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 environment, Great Lakes, and energy.  
(3) The water at a public or private beach must not be used if 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.  
;