DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF COMMUNITY AND HEALTH SYSTEMS

LICENSING CHILD CARE CENTERS

Filed with the secretary of state on December 11, 2019

These rules take effect 7 days after filing with the secretary of state

(By authority conferred on the director of the department of licensing and regulatory affairs

by section 2 of 1973 PA 116, MCL 722.112, and Executive Reorganization Order Nos. 1996-

1, 1996-2, 2003-1, and 2015-1, MCL 330.3101, 445.2001, 445.2011, 400.226, and 400.227)

R 400.8101, R 400.8104, R 400.8107, R 400.8110, R 400.8113, R 400.8119, R 400.8122,

R 400.8125, R 400.8128, 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 400.8170, R 400.8173, R 400.8176, R 400.8179, R 400.8182, R 400.8185,

R 400.8188, R 400.8191, R 400.8301, R 400.8305, R 400.8310, R 400.8315, R 400.8320,

R 400.8325, R 400.8330, R 400.8335, R 400.8340, R 400.8345, R 400.8350, R 400.8355,

R 400.8360, R 400.8365, R 400.8370, R 400.8375, R 400.8380, R 400.8385, R 400.8501,

R 400.8505, R 400.8510, R 400.8515, R 400.8520, R 400.8525, R 400.8530, R 400.8535,

R 400.8540, R 400.8560, R 400.8565, R 400.8701, R 400.8720, R 400.8730, R 400.8740,

R 400.8750, R 400.8760, R 400.8801, R 400.8810, R 400.8820, R 400.8830 and R

400.8840 of the Michigan Administrative Code are amended, and R 400.8102, R 400.8103,

R 400.8112, R 400.8112a, and R 400.8112b are added, as follows:

September 12, 2019

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CONTENTS

LICENSING CHILD CARE CENTERS

PART 1 – PART 5

PART 1: GENERAL PROVISIONS

PART 2: ENVIRONMENTAL HEALTH

PART 3: FIRE SAFETY

PART 4: TRANSPORTATION

PART 5: SWIMMING

PART 1. GENERAL PROVISIONS

R 400.8101 Definitions; A through I.

Rule 101. As used in these rules:

(a) “Accredited college or university” means a college or university that has been

accredited by a regional or national institutional accrediting association recognized by the

United States Department of Education.

(b) “Act” means 1973 PA 116, MCL 722.111 to 722.128, regarding child care

organizations.

(c) “Adult” means a person 18 years of age or older.

(d) “Ages” means all of the following:

(i) “Infant” - birth until 1 year of age.

(ii) “Toddler” – 1 year of age until 30 months of age.

(iii) “Preschooler” – 30 months of age until eligible to attend a grade of kindergarten or

higher.

(iv) “School-ager” – a child who is eligible to attend a grade of kindergarten or higher,

but less than 13 years of age. A child is considered a school-ager on the first day of the

school year in which he or she is eligible.

(e) “Applicant” means an individual who applies for a license to operate a child care

center.

(f) “CEU” means a continuing education unit awarded by an accredited college or

university sponsor of continuing education units or equivalent awarded by the state board of

education.

(g) “Child care aide” means an individual who is 17 years of age, who provides services

and participates in child care activities in a child care center, who shall not have unsupervised

access or provide unsupervised care or supervision of children, and who has satisfactorily

completed at least 1 year of a vocational-occupational child care aide training program

approved by the department.

(h) “Child care administration” means educational courses in child care administration,

education administration, or business administration.

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(i) “Child care background check system” means the database maintained by the

department to document a comprehensive background check and eligibility determination

pursuant to section 5n of the act, MCL 722.115n.

(j) “Child care center” means that term as defined in section 1(h) of the act, MCL

722.111.

(k) “Child care staff member” means that term as defined in section 1(a) of the act, MCL

722.111.

(l) “Child development associate credential” or “CDA” means a credential awarded by the

Council for Professional Recognition or a similar credential approved by the department.

(m) “Child-related field” means 1 of the following:

(i) For an early childhood education program director and lead caregiver, academic

courses in elementary education, child guidance, child counseling, child psychology, family

studies, social work, or special education.

(ii) For a school-age program director, academic courses in early childhood education,

elementary education, secondary education, special education, physical education and

recreation, child development, child guidance, child counseling, child psychology, family

studies, social work, human services, or youth development.

(n) “Communicable disease” means an infectious disease that is transmissible from person

to person by direct contact with an infected individual or the individual's discharges, or by

indirect means through a vector. Communicable disease includes, but is not limited to, all of

the following:

(i) Chicken pox.

(ii) Hand, foot and mouth disease.

(iii) Influenza.

(iv) Measles.

(v) Mumps.

(vi) Pertussis, which is also referred to as whooping cough.

(vii) Rubella.

(viii) Tuberculosis.

(o) “Comprehensive background check” means a department review of an individual as

required in section 5n of the act, MCL 722.115n.

(p) “Conducive to the welfare of children” means that term as defined in section

5m(13)(b) of the act, MCL 722.115m(13)(b).

(q) “Continuously employed child care staff member” means an individual who has not

been disconnected from the child care background check system for a period of more than

180 days and has continuously resided in Michigan as referenced in section 5n(15) and (16)

of the act, MCL 722.115n(15) and (16).

(r) “Conviction” means that term as defined in section 1(i) of the act, MCL 722.111.

(s) “Criminal history check” means that term as defined in section 1(j) of the act, MCL

722.111.

(t) “Degrees and semester hours” means only those degrees and hours from an accredited

college or university.

(u) “Department” means the department of licensing and regulatory affairs.

(v) “Developmentally appropriate” means age appropriate as well as appropriate to the

individual child.

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(w) “Early childhood program director” means the program director of a center serving

children of all ages.

(x) “Easily cleanable” means that surfaces are readily accessible and made of such

materials and finish and so fabricated that residue may be effectively removed by normal

cleaning methods.

(y) “Eligible” means that that term as defined in section 1(m) of the act, MCL 722.111.

(z) “Field trip” means children and personnel leaving the child care center premises for an

excursion, trip, or program activity.

(aa) “First aid kit” means a kit containing, at a minimum, all of the following: sterile

gauze pads, assorted sizes, a roll of gauze, adhesive bandages, assorted sizes, adhesive cloth

tape, an elastic bandage, tweezers, and scissors. A first aid kit is prohibited from containing

any non-prescription or prescription medications as described under R 400.8152.

(bb) “Group size” means the specified number of children assigned to a child care staff

member or team of child care staff members occupying an individual classroom or well-

defined space for each group within a larger room. Two or more groups may be combined for

collective activities as long as appropriate child-to-staff ratios are maintained in the room or

area.

(cc) “Hours of experience” means experience serving the ages and developmental abilities

of children for which the center is licensed.

(dd) “Immediately available” means a parent or guardian remains onsite at the address of

the child care center.

(ee) “Ineligible” means that term as defined in section 1(n) of the act, MCL 722.111.

R 400.8102 Definitions; J through R.

Rule 102. As used in these rules:

(a) “Lead caregiver” means a child care staff member who is responsible for planning and

implementing the daily program of activities for a group of children in a child care center.

(b) “Licensee” means that term as defined in section 1(q) of the act, MCL 722.111.

(c) "Licensee designee" means that term as defined in section 1(cc) of the act, MCL

722.111.

(d) “Michigan school age or youth development credential” means a credential issued by

the Michigan Afterschool Association or similar credential approved by the department.

(e) “MiRegistry” is the electronic data system for child care providers that is maintained

by the department of education to verify and track employment, training, and educational

accomplishments. MiRegistry offers a statewide calendar of online and classroom training

opportunities. MiRegistry can be accessed online at http://www.miregistry.org.

(f) “Montessori credential” means a credential issued by the Association Montessori

International (AMI), American Montessori Society (AMS), or any Montessori teaching or

training institution recognized by the Montessori Accreditation Council for Teacher

Education (MACTE) that meets or exceeds 270 hours of academic training.

(g) “Parent” or “parental” means a child’s natural or adoptive parent who is legally

responsible for the child or the child’s legal guardian.

(h) “Playspace” means a piece or pieces of age-appropriate toys, play equipment, and

materials that 1 child can use independently for 15 minutes.

(i) “Personnel” means a licensee, licensee designee, child care staff member, and child

care aide.

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(j) “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 a portable crib.

(k) “Program components” means the different services offered by a center. They

include, but are not limited to, infant and toddler, preschool, and school-age care and

education; nighttime care; food service; swimming; and transportation.

(l) “Program director” means a licensee or child care staff member who is responsible for

the general management of the center and ensures compliance with the act and these rules.

(m) “Routine transportation” means regularly scheduled travel on the same day of the

week, at the same time, to the same destination. Any deviation is non-routine transportation.

R 400.8103 Definitions; S through Z.

Rule 103. As used in these rules:

(a) “Sanitized” means to wipe or spray the surface with a sanitizing solution, let the surface

air dry or wipe dry after 2 minutes with a single service towel, or according to the

manufacturer’s directions.

(b) “School” means a building or part of a building that is owned or leased by, or under

the control of, a public or private school or school system for the purpose of instruction as

required by the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, which is

occupied by 6 or more students, and which is used 4 or more hours per day or more than 12

hours per week.

(c) “School-age child” means that term as defined in section 1(aa) of the act, MCL

722.111.

(d) “Serious injury” means that term as defined in section 2b of 1973 PA 116, MCL

722.122b.

(e) “School-age program director” means the program director of a center serving only

school-age children.

(f) “Site supervisor” means an individual who oversees the daily operation of a school age

program when a multi-site director has been named. The site supervisor must meet all

requirements under R 400.8119.

(g) “Staff” means any compensated employee of a center.

(h) “Supervised volunteer” means a person 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.

(i) “Unsupervised volunteer” means an individual who is 18 years of age or older, who

provides service for a child care center that is not compensated, and who has been

determined eligible by the department to be unsupervised with children.

(j) “Well-defined space” means space designed and used exclusively for a specific group

of children.

R 400.8104 Rule variances.

Rule 104. (1) Upon written request of an applicant or licensee, the department may grant a

variance from an administrative rule if the alternative proposed provides clear and

convincing evidence that the health, welfare, and safety of children is protected.

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(2) The decision of the department, including the conditions under which the variance was

granted, must be kept on file at the child care center.

(3) The granted variance may remain in effect for as long as the licensee continues to

comply with the conditions of the variance or may be time-limited.

(4) Variances must not be granted from statutory requirements.

R 400.8107Applicant qualifications.

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 form, along with the fee under section 5m of the act,

MCL 722.115m, to the Michigan Department of Licensing and Regulatory Affairs, Bureau of

Community and Health Systems, P.O. Box 30664, Lansing, MI 48909-8164.

(3) If the applicant elects a licensee designee pursuant to section 1(cc) of the act, MCL

722.111, then the applicant shall also complete, sign, and submit the department’s child care

licensee designee form.

(4) The department’s child care application form and child care licensee designee form are

available at no cost on the department’s website at www.michigan.gov/michildcare. They

are also available at no cost by calling the department at (517) 284-9738 or (866) 685-0006.

They are also available at no cost at the Michigan Department of Licensing and Regulatory

Affairs, Bureau of Community and Health Systems, Child Care Division, 611 W. Ottawa St,

Lansing, MI 48933-1070.

(5) Before issuance of the original license, and before the renewal of a license, an applicant

or licensee shall comply with applicable laws and administrative rules.

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 section 5n of the act, MCL 722.115n, which requires a comprehensive

background check.

(c) Be responsible for compliance with the act and these rules.

(d) Report to the department within 3 business days after any arraignment or conviction of

1 or more of the crimes listed in section 5r of the act, MCL 722.115r, and any subsequent

conviction.

(2) The applicant, licensee, and licensee designee shall have the administrative capability to

operate the center in order to provide the services and facilities that are conducive to the

welfare of children.

(3) All of the following must be in a place, accessible, and visible to parents:

(a) The current license and, if applicable, the letter extending the license beyond the

expiration date.

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(b) A copy of these rules and a copy of the last page of any variances granted.

(c) A notice stating that the center requires a comprehensive background check on its

employees and unsupervised volunteers.

(4) There must be a licensing notebook on the premises that includes all licensing

inspection and special investigation reports and related corrective action plans for the last 5

calendar years, and a summary sheet outlining the documents contained in the notebook. The

notebook must be in a place accessible to parents and prospective parents at all times during

the center’s normal hours of operation.

(5) The actual number and ages of children in care at any time must never exceed the

number and ages of children for which the center is licensed.

(6) The licensee or licensee designee shall maintain accurate records detailing daily arrival

and departure times for each child care staff member, child care aide, and volunteer.

(7) A child shall only be released to persons authorized by the child’s parent or guardian.

(8) A child shall be released to either parent or the child’s guardian, unless a court order

prohibits release to a particular parent. A copy of the order prohibiting release must be kept

on file at the center.

(9) Within 5 business days, the licensee shall notify the department of the separation of a

licensee designee, program director, or a central administrator approved under R

400.8113(12), and a plan for replacement of the individual.

(10) Written approval from the department must be obtained before making any changes in

the terms of the license, including but not limited to, adding use space, changing age groups

served, changing program components, changing the capacity of the center, or making

changes to a room or well-defined space that will result in a change in capacity of the room

or well-defined space.

(11) The records required by, the act and these rules must be retained for a minimum of 2

calendar years or longer as specified in these rules, and made available to the department

upon request.

(12) The following records must be retained and available to the department:

(a) The name, address, and telephone number for each child enrolled and each employee

for at least 2 years after the individual leaves the center.

(b) Staff and volunteer health records, as required by R 400.8128, and documentation of

qualifications must be retained until the individual leaves the center.

(c) The licensing notebook must be maintained and retained until the license is closed.

(13) Smoking and vaping must not occur in or during both of the following:

(a) In the child care center or on real property that is under the control of the center and

upon which the center is located.

(b) On field trips and in vehicles when children are present.

(14) A center shall post a notice in a place accessible and visible to parents, staff, and

visitors stating that smoking and vaping are prohibited in the center and on the center’s

property.

R 400.8112 Comprehensive background check; fingerprinting.

Rule 112. (1) Pursuant to section 5n of the act, MCL 722.115n, before an individual has

unsupervised contact with children, the department shall determine the individual’s eligibility

to be any of the following:

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(a) A licensee.

(b) A licensee designee.

(c) A child care staff member.

(d) A child care aide.

(e) An unsupervised volunteer.

(2) An applicant or licensee shall do all of the following:

(a) Ensure that each individual who requires an eligibility determination under subrule (1)

of this rule completes, signs, and submits all of the information required in subrule (5) of this

rule, and in subrule (6) of this rule if applicable, on a form prescribed by the department.

The forms are available on the department’s website for the child care background check

system, www.michigan.gov/ccbc. The form or forms must be signed and dated prior to the

individual’s appointment to be fingerprinted.

(b) Maintain a copy of the completed and signed form or forms for each individual

entered into the child care background check system under the license.

(c) Provide to the department, upon request, a copy of the individual’s completed and

signed form or forms.

(d) Establish and activate an account and accurately enroll each individual listed in

subrule (1) of this rule in the child care background check system.

(e) Within the department’s child care background check system, accurately complete and

maintain the connection, disconnection, or withdrawn status of each individual associated

with the license.

(f) Immediately disconnect each individual from the system once he or she is no longer a

licensee, licensee designee, child care staff member, child care aide, or an unsupervised

volunteer under the license.

(3) An individual may serve as a child care staff member pending an eligibility

determination by the department under section 5n(8) of the act, MCL 722.115n, and shall be

supervised at all times by the licensee or a child care staff member who has been determined

eligible.

(4) For an individual who is determined ineligible by the department, a licensee shall

immediately do all of the following:

(a) Prohibit the individual from being on the premises of the child care center.

(b) Prohibit the individual from having any contact with children in care.

(c) Disconnect the individual from the child care background check system.

(5) An individual who requires a comprehensive background check under section 5n of

the act, MCL 722.115n, shall submit to the department, on a form prescribed by the

department, all personally identifiable information necessary to conduct the comprehensive

background check, including all of the following:

(a) Full legal name.

(b) All other names used in the past, including any maiden name or alias, the

approximate date the other name was used, and the reason for the name change.

(c) Suffix, if applicable.

(d) Social Security number.

(e) Date of birth.

(f) Place of birth.

(g) Country of citizenship.

(h) Height.

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(i) Weight.

(j) Hair color.

(k) Eye color.

(l) Gender.

(m) Race.

(n) Current address.

(o) If the individual resided outside this state during the last 5 years, then provide each of

those addresses.

(p) Driver’s license identification number and state issuing the license or a state

identification number and state issuing it, if available.

(q) Phone number.

(r) Email address, if available.

(s) Any other information deemed reasonably necessary by the department to determine

the eligibility of the individual based on a name-based registry match.

(6) The department shall maintain the confidentiality of all personally identifiable

information submitted pursuant to this rule to the extent permitted by law.

R 400.8112a Department; information; eligibility determination.

Rule 112a. The department may request information from an applicant, licensee, licensee

designee, child care staff member, child care aide, or unsupervised volunteer regarding any

of the conditions listed in sections 5n, 5q, 5r, and 11 of the act, MCL 722.115n, 722.115q,

722.115r, and 722.121, and any similar or equivalent conditions that occurred in another state

or legal jurisdiction in which the individual resided, on a form prescribed by the department,

and limited to information necessary to ascertain whether the individual should be deemed

ineligible under the statutory requirements.

R 400.8112b Eligibility determination; individual who resided out of the United States; self-

certifying statement.

Rule 112b. An individual who requires an eligibility determination under section 5n of the

act, MCL 722.115n, and resided out of the United States within the preceding 5 years, shall

also, under section 5n(2) of the act, MCL 722.115n(2), complete, sign and submit, on a form

prescribed by the department, a self-certifying statement that the individual does not have

any of the disqualifying conditions set forth in sections 5n, 5q, 5r, and 11 of the act, MCL

722.115n, 722.115q, 722.115r, and 722.121.

R 400.8113 Program director qualifications; responsibilities.

(1) Before hiring a new program director, a licensee or licensee designee shall submit a

completed BCHS-CC 001 form, titled Child Care Licensing Information Request, and the

credentials of the proposed program director to the department for review and approval.

(2) A program director shall be present in the center in the following manner:

(a) Full time for programs operating less than 6 continuous hours.

(b) At least 50% of the time children are in care but not less than a total of 6 hours per day

for programs operating 6 or more continuous hours.

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(3) All program directors are responsible for the general management of the center,

including the following minimum responsibilities:

(a) Developing, implementing, and evaluating program and center policies.

(b) Administering day-to-day operations, including being available to address parent,

child, and staff issues.

(c) Monitoring staff, including an annual evaluations.

(4) If absent from the center, the program director shall designate a child care staff member

to be in charge.

(5) A substitute program director shall be appointed for a program director who has left

employment or has a temporary absence that exceeds 30 consecutive workdays until return or

replacement. A substitute program director shall at least meet the qualifications of lead

caregiver. The department shall be notified when a substitute program director is appointed.

(6) A program director shall have all of the following qualifications:

(a) Be at least 21 years of age.

(b) Have earned a high school diploma or general equivalency diploma (GED).

(7) Early childhood program directors shall meet 1 of the following qualifications shown in

Table 1:

TABLE 1

Early Childhood Program Director Qualifications

Education

Coursework in Early

Childhood Education or

Child Development

Hours of

Experience

(a) Bachelor’s degree or

higher in early childhood

education or child

development

(b) Bachelor’s degree or

higher in a child-related

field including

(c) Montessori credential

(d) Associate’s degree in early 18 semester hours and

18 semester hours and

480 hours

childhood education or

child development

including

(e) Valid child development

associate credential

with

18 semester hours and

960 hours

(f)

Sixty semester hours

with

1,920 hours

(8) School-age program directors shall meet 1 of the following qualifications shown in

Table 2:

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TABLE 2

School-Age Program Director Qualifications

Coursework in a Child-

Education

Hours of

Related Field

Experience

(a) Bachelor’s degree or

higher in a child-related

field

(b) Montessori credential with 12 semester hours and

(c) Associate’s degree in a

child-related field and

480 hours

(d) Valid Michigan school-age 12 semester hours and

youth development

480 hours

credential with

(e) Valid child development

associate credential

with

12 semester hours and

(f)

Sixty semester hours

with

12 semester hours and

6 semester hours and

720 hours

(g) High school diploma or

GED with

2,880 hours

(9) All program directors shall have at least 2 semester hours or 3.0 CEUs in child care

administration or have an administrative credential approved by the department. These

semester hours may satisfy a portion of the requirements of subrules (7) and (8) of this rule.

The program director may also use 30 hours of administrative training from MiRegistry to

meet these requirements.

(10) Any potential program director previously employed as an approved and qualified

program director is exempt from meeting subrule (9) of this rule.

(11) An early childhood program director or school age program director employed as a

program director for more than 10 years without a break in service is exempt from the

requirements in subrules (7) and (9) of this rule.

(12) A program director is exempt from the requirements of subrule (9) of this rule with

verification that all duties required by subrule (3)(a) and (c) of this rule are handled by a

central administrator, and the central administrator meets the requirements of subrule (9) of

this rule. Verification of the duties and education of the central administrator must be made

available to the department upon request.

(13) Verification of the education, credentials, and experience of the program director must

be kept on file at the center or made available online at MiRegistry.

(14) A program that has only a before school program or an afterschool program, but not

both, serving school-aged children may have a program director that meets the qualifications

of a site supervisor, as specified in R 400.8119.

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R 400.8119 Site supervisor; qualifications; responsibilities.

Rule 119. (1) For multi-site school-age programs with a school-age program director

responsible for more than 1 center, a site supervisor shall be present at each center during all

hours of operation.

(2) Site supervisors shall meet all of the following requirements:

(a) Be at least 19 years of age.

(b) Have earned a high school diploma, GED, or equivalent.

(c) Have 480 hours of experience working as a child care staff member in a program

serving school-age children.

(d) Have completed 15 clock hours, 1 semester hour, or 1.5 CEUs of documented school-

age training.

(3) Site supervisors are responsible for the daily operation and implementation of the site

program, supervision of the site staff, and overall care and supervision of children.

(4) Site supervisors shall assist the multi-site school-age program director in all of the

following:

(a) Developing, implementing, and evaluating program and center policies.

(b) Administering day-to-day operations, including being available to address parent,

child, and staff issues.

(c) Monitoring and overseeing staff.

(5) Verification of the requirements of subrule (2) must be kept on file at the center.

R 400.8122 Lead caregiver; qualifications; responsibilities.

Rule 122

(1) Lead caregivers are required only for groups of children who are preschool age and

younger.

(2) At least 1 lead caregiver shall be assigned to each group of children in a self-contained

or well-defined space and shall be present and providing care in the assigned group in the

following manner:

(a) Full time for programs operating less than 6 continuous hours.

(b) At least 6 hours per day for programs operating 6 or more continuous hours.

(3) Lead caregivers shall be responsible for both of the following:

(a) Overseeing the planning, implementation, and evaluation of the classroom program

and child assessment.

(b) Overseeing child care staff members for a specific group of children and overall care

and supervision of children.

(4) Lead caregivers shall have both of the following qualifications:

(a) Be at least 19 years of age.

(b) Have a high school diploma or GED.

(5) Lead caregivers shall meet 1 of the following qualifications shown in Table 3:

TABLE 3

Lead Caregiver Qualifications

Education

Coursework in Early

Childhood Education,

Hours of

Experience

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Child Development, or a

Child-Related Field

(a) Bachelor’s degree or

higher in early childhood

education, child

development, or a child-

related field

(b) Montessori credential with

(c) Associate’s degree or

higher in early childhood

education or child

480 hours

development

(d) Valid child development

associate credential

with

(e) High school diploma or

GED with

480 hours

960 hours

1,920 hours

12 semester hours and

(f)

High school diploma or

GED with

12 semester hours, 18

CEUs, or a combination to

equal 180 clock hours with

(g) High school diploma or

GED with

6 semester hours, 9 CEUs, 3,840 hours

or a combination to equal

90 clock hours with

(6) Lead caregivers qualified under subrule (5), Table 3, row (g) of this rule, have 2 years

from date of hire in this position to obtain an additional 6 semester hours, 9 CEUs, or a

combination to equal 90 clock hours, or 90 hours from MiRegistry.

(7) Lead caregivers for infants and toddlers shall have 3 semester hours, 4.5 CEUs, or 45

hours of MiRegistry approved infant and toddler development and care practices within 6

months of hire. These semester hours or CEUs may satisfy a portion of the requirements of

subrule (6) of this rule.

(8) A substitute for a lead caregiver shall be appointed for a lead caregiver who has left

employment or has a temporary absence that exceeds 30 consecutive workdays until return or

replacement. A substitute lead caregiver has 90 days to meet the qualifications of a lead

caregiver.

(9) Verification of the education, credentials, and experience of each lead caregiver shall be

kept on file at the center or at MiRegistry.

R 400.8125 Staff; volunteer; requirements.

Rule 125. (1) All staff and volunteers shall provide appropriate care and supervision of

children at all times.

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(2) All staff and volunteers shall act in a manner that is conducive to the welfare of

children.

(3) All supervised volunteers shall receive a public sex offender registry (PSOR) clearance

before having any contact with a child in care. A copy of this clearance must be kept on file

at the center.

(4) A licensee shall have a written policy regarding screening and supervision of staff and

volunteers, including volunteers who are parents of a child in care. The policy must include

a statement that any individual registered on the public sex offender registry (PSOR) is

prohibited from having contact with any child in care.

(5) A written statement must be signed and dated by staff and volunteers at the time of

hiring or before volunteering indicating all of the following information:

(a) The individual is aware that abuse and neglect of children is against the law.

(b) The individual has been informed of the center’s policies on child abuse and neglect.

(c) The individual knows that all staff and volunteers are required by law to immediately

report suspected abuse and neglect to children’s protective services.

R 400.8128 Staff; volunteer; tuberculosis.

Rule 128. A center shall keep on file at the center evidence to verify that each child care

staff member and each volunteer who has contact with children at least 4 hours per week for

more than 2 consecutive weeks is free from communicable tuberculosis (TB). Verification of

TB status is required within 1 year before employment or volunteering.

R 400.8131 Professional development requirements.

Rule 131. (1) The center shall provide an orientation about the center’s policies and

practices and these administrative rules for all personnel hired after the effective date of these

rules and before unsupervised contact with children.

(2) Child care staff members shall have training that includes information about prevention

of sudden infant death syndrome and use of safe sleep practices before caring for infants and

toddlers.

(3) Before caring for children, all child care staff members and unsupervised volunteers

who work directly with children shall be trained on prevention of shaken baby syndrome,

abusive head trauma and child maltreatment, and recognition and reporting of child abuse

and neglect.

(4) Before unsupervised contact with children, all child care staff members who work

directly with children shall complete prevention and control of infectious disease training,

including immunizations.

(5) Within 90 days of being hired, or the first day as an unsupervised volunteer, all child

care staff members and unsupervised volunteers who work directly with children shall

complete the following trainings, which may count toward annual professional development

hours and are available at MiRegistry:

(a) Administration of medication.

(b) Prevention of and response to emergencies due to food and allergic reactions.

(c) Building and physical premises safety.

(d) Emergency preparedness and response planning.

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(e) Handling and storage of hazardous materials and appropriate disposal of bio-

contaminants.

(f) Precautions in transporting children, if applicable.

(g) Child development.

(6) All child care staff members who work directly with children shall complete 16 clock

hours of professional development annually on topics relevant to job responsibilities that

include, but are not limited to, any of the following subjects:

(a) Child development and learning.

(b) Health, safety, and nutrition.

(c) Family and community collaboration.

(d) Program management.

(e) Teaching and learning.

(f) Observation, documentation, and assessment.

(g) Interactions and guidance.

(h) Child care center administrative rules.

(7) A center may count CPR and first aid training for up to 2 hours of the annual

professional development hours in the year taken. Staff may use hours from MiRegistry to

meet the professional development requirements in subrule (6) of this rule.

(8) An on-going professional development plan must be developed and implemented to

include all the training and professional development required by these rules.

(9) On-line trainings and correspondence courses must have an assessment of learning.

(10) All child care staff members who work directly which children are required to be

trained in first aid and pediatric, child, and adult cardiopulmonary resuscitation (CPR) within

90 days of being hired. Prior to issuing a license to operate a child care center, and prior to

the renewal of a license, the department shall verify that at least 50% of the child care staff

members who work directly with children are currently certified in first aid and pediatric,

child, and adult CPR. Each of these child care staff member’s first aid and CPR certificates

must be valid and retained on file in the center.

(11) Verification of all professional development required by this rule must be kept on file

at the center or online at MiRegistry. Verification must be issued from the training

organization or trainer and include the date of the course, the name of the training

organization or trainer, the topic covered, and the number of clock hours. Training hours

from MiRegistry also meet this rule.

(12) When the department of licensing and regulatory affairs or the department of

education publishes a notice that a new health and safety update document or a new health

and safety update training activity has been published on MiRegistry, the licensee shall

ensure that all personnel read and acknowledge the document or complete the activity within

6 month of the notice.

R 400.8134 Hand washing.

Rule 134. (1) As used in this rule, "hand washing" means to cleanse the hands with soap

and warm running water for at least 20 seconds.

(2) All staff and volunteers shall wash their hands at all of the following times:

(a) Prior to starting the workday at the center.

(b) Prior to care of children.

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(c) Before preparing and serving food and feeding children.

(d) Before giving medication.

(e) After each diapering.

(f) After using the toilet or helping a child use the toilet.

(g) After handling bodily fluids.

(h) After handling animals and pets and cleaning cages.

(i) After handling garbage.

(j) When soiled.

(3) Staff and volunteers shall ensure that children wash their hands at all of the following

times:

(a) Before meals, snacks, or food preparation experiences.

(b) After toileting or diapering.

(c) After handling animals and pets.

(d) When soiled.

(4) Guidelines for hand washing must be posted in food preparation areas, in toilet rooms,

and by all hand washing sinks.

(5) Staff may wash children’s hands with non-toxic disposable wipes in the following

situations:

(a) When the child is too heavy to hold for handwashing.

(b) When the child cannot stand safely at the sink.

(c) When the child is not developmentally ready to hold his or her head.

(d) When the child has a special need, so the child is not able to wash his or her own

hands.

(6) When soap and running water are not available during an outing, hand sanitizers, or

single-use wipes may be used as a temporary measure.

R 400.8137 Diapering; toileting.

Rule 137. (1) Except as provided in subrule (2) of this rule, diapering must occur in a

designated diapering area that complies with all of the following:

(a) Is physically separated from food preparation and food service.

(b) Is within close proximity to a sink that is used exclusively for hand washing.

(c) Has non-absorbent, smooth, easily cleanable surfaces in good repair.

(d) Is of sturdy construction with railings or barriers to prevent falls.

(e) Is an elevated diapering table or similar structure.

(f) Is washed, rinsed, and sanitized after each use.

(2) Children 1 year of age and older may be changed in a bathroom standing up or on a

nonabsorbent, easily sanitized surface, with a changing pad between the child and the

surface.

(3) Diapering supplies must be within easy reach of the designated diapering area.

(4) A plastic-lined, tightly covered container must be used exclusively for disposable

diapers and training pants and diapering supplies. The container must be emptied and

sanitized at the end of each day.

(5) Only single-use disposable wipes or other single-use cleaning cloths must be used to

clean a child during the diapering or toileting process.

(6) Diapers and training pants must be checked frequently and changed when wet or soiled.

17

(7) Guidelines for diapering must be posted in diapering areas.

(8) Disposable gloves, if used for diapering, must only be used once for a specific child and

be removed and disposed of in a safe and sanitary manner immediately after each diaper

change.

(9) The following apply when cloth diapers or training pants are used:

(a) Each cloth diaper must be covered with an outer waterproof covering. Outer coverings

must be removed as a singular unit with wet or soiled diapers and with wet or soiled training

pants, if used.

(b) Diapers, training pants, and outer coverings must not be reused until washed and

sanitized.

(c) Rinsing the contents must not occur at the center.

(d) Soiled diapers must be placed in a plastic-lined, covered container, wet bag, or other

waterproof container, and used only for that child’s soiled diapers.

(e) Soiled diapers or training pants must be stored and handled in a manner that will not

contaminate any other items and must not be accessible to children.

(f) Soiled diapers or training pants must be removed from the center every day by the

child’s parent.

(g) A child’s supply of clean diapers or training pants may only be used for that child.

(10) Toilet learning or training must be planned cooperatively between the child’s regular

caregivers and the child’s parent so the toilet routine established is consistent between the

center and the child’s home.

(11) Equipment used for toilet learning or training must be provided. All of the following

equipment is acceptable for toilet learning or training:

(a) Adult-sized toilets with safe and easily cleanable modified toilet seats and step aids.

(b) Child-sized toilets.

(c) Non-flushing toilets or potty chairs, if they are all of the following:

(i) Made of a material that is easily cleanable.

(ii) Used only in a bathroom area.

(iii) Used over a surface that is impervious to moisture.

(iv) Washed, rinsed, and sanitized after each use.

R 400.8140 Discipline.

Rule 140. (1) Positive methods of discipline that encourage self-control, self-direction,

self-esteem, and cooperation must be used.

(2) All of the following means of punishment are prohibited:

(a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal

punishment.

(b) Placing any substances in a child’s mouth, including but not limited to, soap, hot

sauce, or vinegar.

(c) Restricting a child’s movement by binding or tying him or her.

(d) Inflicting mental or emotional punishment, such as humiliating, shaming, or

threatening a child.

(e) Depriving a child of meals, snacks, rest, or necessary toilet use.

(f) Excluding a child from outdoor play or other gross motor activities.

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(g) Excluding a child from daily learning experiences.

(h) Confining a child in an enclosed area, such as a closet, locked room, box, or similar

enclosure.

(i) Time out must not be used for children under 3 years of age.

(3) Non-severe and developmentally appropriate discipline or restraint may be used when

reasonably necessary, based on a child’s development, to prevent a child from harming

himself or herself or to prevent a child from harming other persons or property, excluding

those forms of punishment prohibited by subrule (2) of this rule.

(4) A written policy must be developed and implemented regarding the age appropriate,

non-severe discipline of children. The policy must be provided to staff and parents.

R 400.8143 Children’s records.

Rule 143. (1) At the time of a child’s initial attendance, a center shall obtain a child

information card, using a form provided by the department or a comparable substitute, that is

completed and signed by the child’s parent. The center shall keep it on file and accessible in

the center.

(2) Child information cards must be reviewed and updated by parents at least annually and

when the center becomes aware of changes.

(3) For children under school-age, at the time of a child’s initial attendance, a center shall

obtain, keep on file, and make accessible in the center 1 of the following:

(a) A certificate of immunization showing a minimum of 1 dose of each immunizing

agent specified by the department of health and human services (DHHS).

(b) A copy of a waiver addressed to DHHS and signed by the parent stating

immunizations are not being administered due to religious, medical, or other reasons.

(4) When a child under school-age whose immunizations were not up-to-date at the time of

enrollment has been in attendance for 4 months, an updated certificate showing completion

of all additional immunization requirements as specified by DHHS must be kept on file,

unless there is a signed statement by a licensed health care provider stating immunizations

are in progress.

(5) A center shall report to DHHS, by October 1 of each year and using the method

established by the DHHS, immunizations for all children enrolled, under section 9211(2) of

the public health code, 1978 PA 368, MCL 333.9211(2).

(6) Within 30 days of a child’s initial attendance, a center shall obtain, keep on file, and

make accessible in the center a record of a physical evaluation of the child that notes any

restrictions and is signed by a physician or the physician’s designee. An electronic record

from a physician’s office will be accepted. The physical evaluation must be performed

within 1 of the following time limits:

(a) For an infant, within the preceding 3 months.

(b) For toddlers, within the preceding 6 months.

(c) For preschoolers, within the preceding 12 months.

(7) Physical evaluations must be updated as follows:

(a) Yearly for infants and toddlers.

(b) Every 2 years for preschoolers.

(8) Upon enrollment and annually thereafter, a center shall obtain and keep on file at the

center a signed statement from a school-age child’s parent confirming all of the following:

19

(a) The child is in good health with activity restrictions noted.

(b) The child’s immunizations are up-to-date.

(c) The immunization record or appropriate waiver is on file with the child’s school.

(9) A center shall ensure that, if a parent objects to a physical examination or medical

treatment on religious grounds, then the parent provides a signed statement annually that the

child is in good health and that the parent assumes responsibility for the child’s state of

health while at the center.

(10) A center that enrolls a homeless child pursuant to the section 722 of the McKinney-

Vento homeless education assistance improvements act of 2001, as amended by section 9102

of the every student succeeds act, 42 USC 11432, shall not be cited for noncompliance when

a homeless child is unable to produce health and immunization records. The licensee shall

file any documentation of referring a child to the local educational agency liaison for

homeless children and youths.

(11) A center shall maintain an accurate record of daily attendance at the center that

includes each child’s first and last name and each child’s arrival and departure time.

Electronic records may be used. If electronic attendance records are used, then they must be

available to the department at the time of an inspection. If the electronic attendance records

are not available during an on-site inspection, then the center is in violation of this rule.

(12) A parent’s written permission for the child’s participation in field trips must be

obtained at the time of enrollment or before each field trip, and kept on file at the center.

(13) Parents shall be notified before each field trip.

R 400.8146 Information provided to parents.

Rule 146. (1) A center shall provide a written information packet to each parent enrolling a

child that includes at least all of the following:

(a) Criteria for admission and withdrawal.

(b) Schedule of operation, denoting hours, days, and holidays during which the center is

open, and services are provided.

(c) Fee policy.

(d) Discipline policy.

(e) Food service policy.

(f) Program philosophy.

(g) Typical daily routine.

(h) Parent notification plan for accidents, injuries, incidents, and illnesses.

(i) Transportation policy, if applicable.

(j) Medication policy.

(k) Exclusion policy for child illnesses.

(l) Notice of the availability of the center’s licensing notebook. The notice must include

all of the following:

(i) The licensing notebook contains all the licensing inspection and special investigation

reports and related corrective action plans for the last 5 years.

(ii) The licensing notebook is available to parents during regular business hours.

(iii) Licensing inspection reports, special investigation reports, and corrective action

plans from at least the past 3 years are available on the department’s child care licensing

website at www.michigan.gov/michildcare. The website address must be in bold print.

20

(m) The website where parents can access these rules is www.michigan.gov/michildcare.

(2) Written documentation that the parent received the written information packet, as

required by subrule (1) of this rule, must be kept on file at the center.

(3) For infants and toddlers, a center shall provide parents with a written daily record that

includes at least the following information:

(a) Food intake time, type of food, and amount eaten.

(b) Sleeping patterns indicating when and how long the child slept.

(c) Elimination patterns, including bowel movements, consistency, and frequency.

(d) Developmental milestones.

(e) Changes in the child’s usual behaviors.

(4) Parents of children with special needs may request a written daily record that includes

at least the information required by subrule (3) of this rule.

R 400.8149 Parent permission for transportation.

Rule 149. (1) A center shall obtain a parent’s written permission annually for routine

transportation.

(2) A center shall obtain a parent’s written permission for any non-routine transportation

before each trip.

(3) Permission for all transportation must be kept on file at the center.

R 400.8152 Medication; administrative procedures.

Rule 152. (1) Medication, prescription or nonprescription, must be given to a child by a

child care staff member only.

(2) A child care staff member shall give or apply medication, prescription or

nonprescription, only with prior written permission from a parent.

(3) All medication must be in its original container, stored according to instructions, and

clearly labeled for a named child, including all nonprescription topical medications described

in subrule (8) of this rule.

(4) Prescription medication must have the pharmacy label indicating the physician’s name,

child’s first and last name, instructions, name and strength of the medication, and must be

given according to those instructions.

(5) A child care staff member shall keep all medication out of the reach of children and

shall return it to the child’s parent or destroy it when the parent determines it is no longer

needed or it has expired.

(6) A child care staff member shall give or apply any prescription or nonprescription

medication according to the directions on the original container, unless otherwise authorized

by a written order of the child’s physician.

(7) A child care staff member shall not add medication to a child’s bottle, beverage, or food

unless indicated on the prescription label.

(8) Topical nonprescription medication, including but not limited to diapering cream, triple

antibiotic, sunscreen, and insect repellant, requires written parental authorization annually.

(9) A center shall maintain a record as to the time and the amount of medication given or

applied, with the exception of medications described in subrule (8) of this rule, on a form

provided by the department or a comparable substitute approved by the department. One

21

form per medication is required. The signature of the child care staff member administering

the medication must be included.

R 400.8155 Child accidents and incidents; child and staff illness.

Rule 155. (1)A center shall have a written plan for how and when a parent is notified when

personnel observe any of the following:

(a) Changes in a child’s health.

(b) A child experiences an accident, injury, or incident.

(c) A child is too ill to remain in the group.

(2) A center shall ensure that a child who is too ill to remain in the group is placed in a

separate area and is cared for and supervised until the parent arrives.

(3) Items and facilities used by an ill child or adult must not be used by any other

individual until washed, rinsed, and sanitized.

(4) If a center becomes aware that a staff member, volunteer, or child in care has

contracted a communicable disease, then the center shall notify parents and provide all of the

following information:

(a) The name of the communicable disease the children were exposed to.

(b) The symptoms of the disease.

(c) Prevention measures as recommended by the U.S. Centers for Disease Control and

Prevention (CDC) at the following website: https://www.cdc.gov/DiseasesConditions.

(5) A center shall have a written policy detailing when children, staff, and volunteers will be

excluded from the center due to illness.

R 400.8158 Incident, accident, injury, illness, death, fire reporting.

Rule 158. (1) In the event of the death of a child in care, a licensee, licensee designee, or

program director shall do both of the following:

(a) Immediately report it, in-person or via phone, directly to the child’s parent.

(b) Report it to the department within 24 hours, via phone.

(2) A licensee, licensee designee, or program director shall report to the child’s parent and

the department, directly or via phone, fax, or email, within 24 hours of the occurrence of any

of the following:

(a) A child is lost or left unsupervised.

(b) An incident involving an allegation of inappropriate contact.

(c) A fire on the premises of the center that requires the use of fire suppression equipment

or results in loss of life or property.

(d) The center is evacuated for any reason.

(3) A licensee, licensee designee, or program director shall report to the department, via

phone, fax, or email, within 24 hours of notification by a parent that a child received medical

treatment or was hospitalized for an injury, accident, or medical condition that occurred

while the child was in care.

(4) A licensee, licensee designee, or program director shall submit a written report to the

department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a format

provided by the department, within 72 hours of the verbal report to the department.

22

(5) A licensee, licensee designee, or program director shall keep a copy of the report on file

at the center.

R 400.8161 Emergency procedures.

Rule 161. (1) Written procedures for the care of children and staff for each of the

following emergencies must be developed and implemented:

(a) Fire.

(b) Tornado.

(c) Other natural or man-made disasters.

(d) Serious accident, illness, or injury.

(e) Crisis management including, but not limited to, intruders, active shooters, bomb

threats, and other man-made events.

(2) The written procedures must include all of the following:

(a) A plan for evacuation.

(b) A plan for safely moving children to a relocation site.

(c) A plan for shelter-in-place.

(d) A plan for lockdown.

(e) A plan for contacting parents and reuniting families.

(f) A plan for how each child with special needs will be accommodated during each type

of emergency.

(g) A plan for how infants and toddlers will be accommodated during each type of

emergency.

(h) A plan for how children with chronic medical conditions will be accommodated

during each type of emergency.

(3) The plans required by subrule (1)(a) to (d) of this rule must be posted in a place visible

to staff and parents.

(4) The crisis management plan required by subrule (2) of this rule must be maintained in a

place known and easily accessible to all personnel.

(5) A fire drill program, consisting of at least 1 fire drill quarterly, must be established and

implemented.

(6) A tornado drill program, consisting of at least 2 tornado drills between the months of

March through November, must be established and implemented.

(7) A written log indicating the date and time of fire and tornado drills must be kept on file

at the center.

(8) Each child care staff member shall be trained at least twice a year on his or her duties

and responsibilities for all emergency procedures referenced in subrule (1) of this rule.

(9) If cribs are used in emergency evacuations, then all doors within the means of egress

must be wide enough to readily accommodate the crib evacuation.

R 400.8164 Telephone service.

Rule 164. (1) An operable phone must be available and accessible in the building during

the hours the center is in operation.

(2) During the hours the center is in operation, a phone number known to the public and

available to parents to provide immediate access to the center must be provided.

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(3) Emergency phone numbers, including 911, fire, police, and the poison control center,

and the facility’s physical address and 2 main cross streets, must be conspicuously posted in

a place visible to staff.

R 400.8167 Indoor space.

Rule 167. (1) The required square footage of indoor space per child must be at least the

following:

(a) Fifty square feet for infants and toddlers.

(b) Thirty-five square feet for preschoolers and school-agers.

(2) The following indoor space is excluded from the required square footage:

(a) Hallways.

(b) Bathrooms.

(c) Reception and office areas.

(d) Kitchens.

(e) Storage areas and closets.

(f) Areas used exclusively for resting, sleeping, or eating, except for infants and toddlers.

(3) A center shall provide a floor plan of all child use areas to the department at initial

licensure and before making structural changes or adding any child use space. Only space

that has received prior approval for child use by the department may be used for child care.

R 400.8170 Outdoor play area.

Rule 170. (1) As used in this rule:

(a) “Certified playground safety inspector” means an individual certified by the National

Playground Safety Institute or the National Program for Playground Safety to conduct

playground safety inspections.

(b) “Natural playground” means an outdoor play area that blends natural materials,

features, and vegetation.

(2) The outdoor play area is considered an outdoor classroom and an extension of the

learning environment.

(3) A center operating with children in attendance for 3 or more continuous hours per day

shall provide daily outdoor play, unless prevented by inclement weather or other weather

conditions that could result in children becoming overheated or excessively chilled.

(4) A center operating with children in attendance for 3 or more continuous hours a day

shall have an outdoor play area that has at least 1,200 square feet. More than 1,200 square

feet of outdoor play area may be required when the minimum amount is not adequate for the

number of children for which the center is licensed.

(5) If outdoor space is not available adjacent to the center, then a center may use a park or

other outdoor facility. The outdoor space must meet all of the following requirements:

(a) The area must be easily accessible by a safe walking route.

(b) The play area must be inspected before each use to ensure that no hazards are present.

(c) The location of the alternative outdoor play area must be specified in writing to the

department.

(6) There must be a shaded area to protect children from excessive sun exposure, when

necessary.

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(7) The outdoor play area must be in a safe location.

(8) The outdoor play area must be protected from hazards, when necessary, by a fence or

natural barrier that is at least 48 inches in height.

(9) Children shall only use age-appropriate equipment.

(10) An outdoor play area and any equipment located on the center’s premises must be

maintained in a safe condition and inspected daily before use to ensure that no hazards are

present.

(11) The playground equipment, use zones, and surfacing in the outdoor play area must be

inspected by a certified playground safety inspector and an approval granted for playground

equipment and areas used before issuance of an original license, upon request of the

department, and before using any newly added playground equipment. The center shall

provide documentation of the inspection to the department upon request and shall keep it on

file at the center.

(12) School-age centers operating in school buildings approved by the Michigan

department of education are exempt from subrule (11) of this rule, provided the licensee

informs parents, in writing at the time of enrollment, if the center plans to use a public

school’s outdoor play area and equipment that do not comply with subrule (11) of this rule.

(13) All pieces of playground equipment that have an elevated playing or climbing surface,

regardless of the height of the playing or climbing surface, must be surrounded by a shock

absorbing surface and meet the guidelines defined by the Consumer Product Safety

Commission (CPSC) Handbook for Public Playground Safety, which is available at no cost at

www.cpsc.gov. This handbook is also available for inspection, and distribution at no cost, at

the Michigan Department of Licensing and Regulatory Affairs, Bureau of Community and

Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI 48933. The

shock absorbing surface material may be either unitary or the loose-fill type. An exception to

this subrule is provided for natural playgrounds.

(14) Shock-absorbing surfacing materials are not required for equipment that requires a

child to be standing or sitting on the ground during play.

(15) Loose-fill surfacing material must not be installed over concrete or asphalt.

(16) The depth of the loose-fill surface material must be restored to its required depth when

it has moved or becomes otherwise compromised.

(17) If children’s wheeled vehicles and pull toys are used, then a suitable surface must be

provided for their use.

(18) Materials used on a natural playground must not be in the use zones for other

playground equipment.

(19) The elevated playing surface of materials used on a natural playground must not

exceed 30 inches.

(20) Materials used on a natural playground with elevated playing surfaces must not be

installed over concrete or asphalt.

(21) Surfacing materials are not required under elevated playing surfaces on a natural

playground.

R 400.8173 Equipment.

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Rule 173. (1) A center shall not use equipment, materials, and furnishings recalled or

identified by the United States Consumer Product Safety Commission (CPSC) as being

hazardous. This information is available free of charge at the CPSC website, www.cpsc.gov.

(2) The current list of unsafe children’s products that is provided by the department must be

conspicuously posted in the center, as required by section 15 of the children’s product safety

act, 2000 PA 219, MCL 722.1065.

(3) Materials that have a warning label indicating they are toxic for children, or to keep out

of reach of children, must not be used by children.

(4) Play equipment, materials, and furniture, must be all of the following:

(a) Appropriate to the developmental needs and interests of children as required by R

400.8179(2).

(b) Safe, clean, and in good repair.

(c) Child-sized or appropriately adapted for a child’s use.

(d) Easily accessible to the children.

(5) A center shall provide a minimum of 3 playspaces per child multiplied by the number

of children the center is licensed to serve.

(6) A minimum of 2 playspaces must be accessible per child in attendance on any given

day during child-initiated activity time.

(7) Children shall have access to equipment and materials in the following areas on a daily

basis:

(a) Large and small muscle activity.

(b) Sensory exploration.

(c) Social interaction and dramatic play.

(d) Discovery and exploration.

(e) Early math and science experiences.

(f) Creative experiences through art, music, and literature.

(8) A current and accurate equipment inventory must be provided to the department before

issuance of the original license and updated and made available at each renewal.

(9) A first aid kit must be readily accessible to staff and securely stored in the center.

(10) A rocking chair or other comfortable, adult-sized seating must be provided for 50% of

the child care staff members on duty who are providing infant and toddler care.

(11) Trampolines and bounce houses must not be used by children in care at the child care

center.

R 400.8176 Sleeping equipment.

Rule 176. (1) All bedding and sleeping equipment must be appropriate for the child, clean,

comfortable, safe, and in good repair.

(2) Heavy objects that could fall on a child, such as shelving and televisions, must not be

above sleeping equipment.

(3) A crib or porta-crib must be provided for all infants in care.

(4) A crib, porta-crib, cot, or mat, and a sheet or blanket of appropriate size must be

provided for all toddlers and preschoolers under 3 years of age in care.

(5) A cot or a mat and a sheet or blanket of appropriate size must be provided as follows:

(a) For all preschoolers 3 years of age and older in care for 5 or more continuous hours.

(b) For any child in care who regularly naps.

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(c) Upon a parent’s request for any child in care.

(6) Car seats, infant seats, swings, bassinets, and play yards are not approved sleeping

equipment.

(7) Documentation from the child’s health care provider is required if a child has a health

issue or special need that requires the child to sleep in something other than a crib or porta-

crib for infants or toddlers, or cot or mat for toddlers. The documentation must include

specific sleeping instructions and time frames for how long the child needs to sleep in this

manner, including an end date.

(8) Swaddling with a sleep sack swaddle attachment or swaddle wrap is allowed only for

infants up to 2 months of age. If a child has a health issue or special need that requires the

child use a swaddle attachment or swaddle wrap after the child is 2 months of age,

documentation from the health provider is required. The documentation must include

specific sleeping instructions and time frames for how long the child needs to sleep in this

manner, including an end date.

(9) A center shall not use stacking cribs.

(10) Cribs and porta-cribs must comply with the federal product safety standards issued by

the United States Consumer Product Safety Commission, which are available at no cost at the

commission’s website, www.cpsc.gov. These standards are also available for inspection or

distribution at no cost from the Michigan Department of Licensing and Regulatory Affairs,

Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa Street,

Lansing, MI 48933.

(11) A crib or porta-crib must have a firm, tight-fitting waterproof mattress.

(12) A tightly fitted bottom sheet must cover the crib or porta-crib mattress with no

additional padding placed between the sheet and mattress.

(13) Soft objects, bumper pads, stuffed toys, blankets, quilts, comforters, and other objects

that could smother a child must not be placed in, or within reach of, a crib or porta-crib with

a resting or sleeping infant.

(14) Blankets must not be draped over cribs or porta-cribs when in use.

(15) Cots and mats must be constructed of a fabric or plastic that is easily cleanable.

(16) All sleeping equipment and bedding must be washed, rinsed, and sanitized when

soiled, between uses by different children, and at least once a week regardless of use by

different children.

(17) When sleeping equipment and bedding are stored, both of the following apply:

(a) Sleeping surfaces shall not come in contact with other sleeping surfaces.

(b) Bedding must not come in contact with other bedding.

(18) All occupied cribs, porta-cribs, cots, and mats must be placed in such a manner that

there is a free and direct means of egress and must be spaced as follows:

(a) Cribs and porta-cribs must be at least 2 feet apart. Cribs or porta-cribs with solid-

panel ends may be placed end-to-end.

(b) Cots and mats must be at least 18 inches apart.

R 400.8179 Program.

Rule 179. (1) As used in this rule:

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(a) “Confining equipment” means equipment used to assist in caring for infants,

including but is not limited to, swings, stationary activity centers, infant seats, and molded

seats.

(b) “Media” means use of electronic devices with a screen, including but not limited to:

televisions, computers, tablets, multi-touch screens, interactive white boards, mobile devices,

cameras, movie players, e-book readers, and electronic game consoles.

(c) “Interactive media” means media designed to facilitate active and creative use by

children and to encourage social engagement with other children and adults.

(d) “Non-interactive media” means media that is used passively by children.

(2) A center shall implement a program plan that includes daily learning experiences

appropriate to the developmental level of the children. Experiences must be designed to

develop all of the following:

(a) Physical development.

(b) Social development.

(c) Emotional development.

(d) Cognitive development.

(3) The program must be planned to provide a flexible balance of all of the following

experiences:

(a) Quiet and active.

(b) Individual and group.

(c) Large and small muscle.

(d) Child initiated, and staff initiated.

(4) Developmentally appropriate experiences must be designed so that throughout the day

each child has opportunities to do all of the following:

(a) Practice social interaction skills.

(b) Use materials and take part in activities that encourage creativity.

(c) Learn new ideas and skills.

(d) Participate in imaginative play.

(e) Participate in developmentally appropriate language and literacy experiences.

(f) Participate in early math and science experiences.

(g) Be physically active.

(5) A school-age program must supplement the areas of development not regularly

provided for during the school day.

(6) A typical daily routine must be posted in a place visible to parents.

(7) When awake, use of confining equipment for infants must be minimized, not to exceed

30 minutes at a time.

(8) Tummy time is required daily for all infants under 12 months of age, and must meet all

of the following requirements:

(a) Infants shall be directly supervised at all times while engaged in tummy time.

(b) Infants shall be healthy, awake, and alert during tummy time. If an infant falls asleep,

the infant must be immediately moved to a safe sleeping space.

(c) During tummy time, infants shall not be placed on or near soft surfaces, including but

not limited to cushions, pillows, or padded mats.

(d) A parent may request in writing an exemption for their infant from tummy time. The

request must be kept in the child’s file.

(9) Use of media is prohibited for children under 2 years of age.

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(10) When media are used with children 2 years of age and older, all of the following

apply:

(a) Activities must be developmentally appropriate.

(b) Interactive media must be used to support learning and to expand children’s access to

content, and be suitable to the age of the child in terms of content and length of use per

session.

(c) Media with violent or adult content are prohibited while children are in care.

(d) Use of non-interactive media must not exceed 2 hours per week per child.

(e) When media are available for children’s use, other activities must also be available to

children.

(11) An exception to the requirements of subrule (10)(d) of this rule may be made under

the following conditions:

(a) School-age children using computers and any other electronic devices for academic

and educational purposes.

(b) Children using assistive and adaptive technology.

(12) For children with special needs, care must be provided according to the child’s needs

as identified by parents, medical personnel, or other relevant professionals.

(13) Parents may visit the center during hours of operation for the purpose of observing

their children.

R 400.8182 Ratio and group size requirements.

Rule 182. (1) At least 2 adults, 1 of whom is a child care staff member, shall be present at

all times when at least 3 children between the ages of birth and 3 years of age are present. A

second child care staff member is required when needed to comply with subrule (3) of this

rule.

(2) At least 2 adults, 1 of whom is a child care staff member, shall be present at all times

when 7 or more children over 3 years of age are present. A second child care staff member

is required when needed to comply with subrule (3) of this rule.

(3) In each room or well-defined space, the maximum group size and ratio of child care

staff members to children, including children related to a staff member or the licensee, must

be as shown in Table 4:

TABLE 4

Child Care Staff Member to Child Ratios

Age

Child Care Staff Member Maximum Group

to Child Ratio

1 to 4

Size

12

(a)

(b)

(c)

(d)

(e)

Infants and toddlers, birth until 30

months of age

Preschoolers, 30 months of age until 3 1 to 8

years of age

16

Preschoolers, 3 years of age until 4

years of age

Preschoolers, 4 years of age until

school-age

1 to 10

1 to 12

1 to 18

Not applicable

School-agers

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(4) Children who have reached 33 months of age may, when developmentally appropriate,

be enrolled in a 3-year-old classroom with written parental permission. The ratio listed in

subrule (3)(c) of this rule applies.

(5) Children who have reached 45 months of age may, when developmentally appropriate,

be enrolled in a 4-year-old classroom with written parental permission. The ratio listed in

subrule (3)(d) of this rule applies.

(6) Children who have reached 57 months of age but who are not considered a school-ager

may, when developmentally appropriate, be enrolled in a school-age classroom with written

parental permission. The ratio listed in subrule (3)(e) of this rule applies.

(7) If there are children of mixed ages in the same room or well-defined space, then the

ratio and group size is determined by the age of the youngest child, unless each group of

children is clearly separated and the appropriate child care staff member-to-child ratios and

group sizes, if applicable, for each age group are maintained.

(8) An exception to the requirements of subrule (3) of this rule may be made when the

center is transporting children and is in compliance with R 400.8760(1) and (2).

R 400.8185 Primary care.

Rule 185. (1) As used in this rule, “primary caregiver” means the child care staff member

to whom the care of a specific infant or toddler is assigned. The primary caregiver is

responsible for direct care, verbal and physical interactions, primary responses to the child’s

physical and emotional needs, and continued interaction with the child’s parents regarding

the child’s experiences.

(2) The center shall implement a primary care system so that each infant and toddler has a

primary caregiver.

(3) Each infant and toddler shall have not more than 4 primary caregivers in a week. For

centers operating less than 24 hours a day, an exception may occur during the first hour after

the center opens and the hour before closing.

(4) Information regarding a child’s food, health, and temperament must be shared daily

between primary caregivers when more than 1 primary caregiver is assigned to any infant or

toddler.

(5) Primary caregiving assignments must be documented and provided to parents.

(6) An exception to this rule may be made when the center is transporting children and is in

compliance with R 400.8760(1) and (2).

R 400.8188 Sleeping, resting, and supervision.

Rule 188. (1) Children under 3 years of age shall be provided opportunities to rest

regardless of the number of hours in care.

(2) A center shall permit children under 18 months of age to sleep on demand.

(3) Infants shall rest or sleep alone in cribs or porta-cribs.

(4) Infants shall be placed on their backs for resting and sleeping.

(5) Infants unable to roll from their stomachs to their backs and from their backs to their

stomachs shall be placed on their backs when found face down.

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(6) When infants can easily turn over from their stomachs to their backs and from their

backs to their stomachs, they shall be initially placed on their backs, but shall be allowed to

adopt whatever position they prefer for sleep.

(7) For an infant who cannot rest or sleep on her or his back due to disability or illness,

written instructions, signed by the infant’s licensed health care provider, detailing an

alternative safe sleep position or other special sleeping arrangements for the infant must be

followed and kept on file at the center. The instructions must include an end date.

(8) A sleeping infant’s breathing, sleep position, and bedding must be monitored frequently

for possible signs of distress.

(9) An infant’s head must remain uncovered during sleep.

(10) Toddlers shall rest or sleep alone in cribs, porta-cribs, or on mats or cots.

(11) Infants and toddlers who fall asleep in a space that is not approved for sleeping shall

be moved to approved sleep equipment appropriate for their age and size.

(12) Naptime or quiet time must be provided when children under school-age are in

attendance 5 or more continuous hours per day.

(13) For children under school age who do not sleep at rest time, quiet activities must be

provided such as reading books or putting puzzles together.

(14) Resting or sleeping areas must have adequate soft lighting to allow the child care staff

member to assess children.

(15) Video surveillance equipment and baby monitors must not be used in place of subrule

(8) of this rule and R 400.8125(1).

R 400.8191 Nighttime care.

Rule 191. (1) If a child is in care between the hours of 11 p.m. and 5 a.m., a separate area,

away from sleeping children, where the child can engage in quiet activities must be available.

(2) If a child is in care for more than 1 hour between the hours of 11 p.m. and 5 a.m., a bed

and mattress, with a waterproof covering, of a size appropriate to the age of the child shall be

available.

PART 2. ENVIRONMENTAL HEALTH

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.

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(c) “Food grade surface” means a surface that is easily cleanable and made from a

material that will not migrate into, contaminate, or taint the food.

(d) “Food service equipment” means stoves, ovens, ranges, hoods, slicers, mixers, meat

blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar

items other than utensils, used in the operation of a center.

(e) “Food” means any raw, cooked, or processed edible substance, ice, beverage, or

ingredient used or intended for use in whole or in part for human consumption.

(f) “Food-contact surface” means those surfaces of equipment and utensils with which

food normally comes in contact, and those surfaces from which food may drain, drip, or

splash back onto surfaces normally in contact with food.

(g) “Packaged” means bottled, canned, in a carton, or securely wrapped.

(h) “Potentially hazardous food” means any food that consists in whole or in part of milk

or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean, or other ingredients,

including synthetic ingredients, in a form capable of supporting rapid and progressive growth

of infectious or toxigenic microorganisms.

(i) “Ready to eat food” means food that does not require cooking and that will not be

cooked before being served.

(j) “Sealed” means free of cracks or other openings that permit the entry or passage of

moisture.

(k) “Single-service articles” means those food service articles intended for 1-time, 1-

person use and then discarded.

(l) “Tableware” means multi-use eating and drinking utensils.

(m) “Utensil” means any implement used in the storage, preparation, transportation, or

service of food.

R 400.8305 Plan review; approval; inspections.

Rule 305. (1) All local health department requirements regarding plan reviews and

specifications must be followed. Written confirmation that this has occurred must be

submitted to the department.

(2) An inspection must be conducted by the local health department, and an approval

granted indicating compliance with all of the rules in this part, except R 400.8330, 400.8335,

and 400.8340, at all of the following times:

(a) Before issuance of an original license.

(b) Every 2 years, at the time of renewal, if the center has a private well or septic.

(c) Every 2 years, at the time of renewal, if the center provides food service where the

food is prepared and served on-site, unless the kitchen is currently licensed to provide food

service.

(d) Prior to adding a food service program.

(e) Prior to adding an infant or toddler program.

(f) When requested by the department.

R 400.8310 Food preparation areas.

Rule 310 (1) Food contact surfaces must be smooth, nontoxic, easily cleanable, durable,

corrosion resistant, and nonabsorbent.

32

(2) Carpeting is prohibited in food preparation areas.

(3) Mechanical ventilation to the outside is required for all commercial cooking equipment,

which includes but is not limited to, stoves, ranges, ovens, and griddles.

(4) If residential hood ventilation is used, then cooking equipment must be limited to

residential stove and oven equipment.

(5) Mechanical ventilation to the outside may be required if a problem is evidenced.

(6) The use of deep fryers is prohibited.

(7) Live animals are prohibited in food preparation and eating areas.

(8) When 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 400.8315 Food and equipment storage.

Rule 315. (1) Each refrigerator must have an accurate working thermometer indicating a

temperature of 41 degrees Fahrenheit or below.

(2) All artificial lighting fixtures located over, by, or within food storage, preparation, and

service areas, or where utensils and equipment are cleaned and stored, must be properly

shielded.

(3) Unpackaged bulk foods must be stored in clean covered containers, dated, and labeled

as to the contents.

(4) Food not subject to further washing or cooking before serving must be stored in a way

that protects it from cross-contamination from food requiring washing or cooking.

(5) Packaged food must not be stored in contact with water or undrained ice.

(6) Poisonous or toxic materials must not be stored with food, food service equipment,

utensils, or single-service articles.

(7) Food, food service equipment, and utensils must not be located under exposed or

unprotected sewer lines, open stairwells, or other sources of contamination. Automatic fire

protection sprinkler heads are the exception.

(8) The storage of food, food service equipment, or utensils in toilet rooms is prohibited.

(9) Food and utensils must be stored in a cabinet or a shelf above the floor.

(10) All food service equipment must be above the floor, moveable, or be properly sealed

to the floor.

(11) Meals that are transported must be prepared in commercial kitchens and delivered in

carriers approved by the local health department.

R 400.8320 Food preparation.

Rule 320. (1) Food must be in sound condition, free from spoilage, filth, or other

contamination and be safe for human consumption.

(2) Food must be prepared on food grade surfaces that have been washed, rinsed, and

sanitized.

(3) Raw fruits and vegetables must be thoroughly washed before being cooked or served.

(4) Staff shall minimize bare-hand contact with foods that will be cooked.

(5) Ready to eat foods must not be prepared or served using bare hands.

(6) Food must be cooked to heat all parts of the food to the safe temperature as identified in

the document titled Safe Minimum Cooking Temperatures, published by the U.S. Food

33

Safety Working Group. This document is adopted by reference in this rule and is available at

no cost on the Foodsafety.gov website,

https://www.foodsafety.gov/keep/charts/mintemp.html. It is also available for inspection and

distribution at no cost from the Michigan Department of Licensing and Regulatory Affairs,

Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa Street,

Lansing, MI 48933.

(7) Potentially hazardous foods must be thawed using 1 of the following methods:

(a) In the refrigerator at a temperature not to exceed 41 degrees Fahrenheit.

(b) Completely submerging the item under cold water, at a temperature of 70 degrees

Fahrenheit or below, that is running fast enough to float off loose ice particles.

(c) In a microwave oven for either of the following:

(i) The food will be immediately transferred to conventional cooking facilities as part of

a continuous cooking process.

(ii) The entire cooking process takes place in the microwave oven.

(d) As part of the conventional cooking process.

(8) The temperature of potentially hazardous foods must be 41 degrees Fahrenheit or

below, or 135 degrees Fahrenheit or above, at all times, except during necessary periods of

preparation.

(9) Potentially hazardous foods that have been cooked and then refrigerated or frozen must

be reheated rapidly to 165 degrees Fahrenheit or higher throughout before being served or

before being placed in a hot food storage facility.

(10) Accurate metal stem-type food thermometers must be used to assure the attainment

and maintenance of proper internal cooking, holding, reheating, or refrigeration temperatures

of all potentially hazardous 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 wear sanitary disposable food service gloves.

R 400.8325 Sanitization.

Rule 325. (1) All tableware, utensils, food contact surfaces, and food service equipment

must be thoroughly washed, rinsed, and sanitized after each use. Multi-purpose tables must

be thoroughly washed, rinsed, and sanitized before and after they are used for meals or

snacks.

(2) Enamelware utensils are prohibited.

(3) Reuse of single service articles is prohibited.

(4) Multi-use tableware and utensils must be washed, rinsed, and sanitized using 1 of the

following methods:

(a) A commercial dishwasher.

(b) A residential dishwasher with sanitizing capability.

(c) A 3-compartment sink and adequate drain boards.

(d) A 2-compartment sink for washing and rinsing, a third container suitable for complete

submersion for sanitizing, and adequate drain boards.

(5) If the manual washing method is used, as referenced in subrule (4)(c) and (d) of this

rule, all of the following must be done:

34

(a) Rinse and scrape all utensils and tableware before washing.

(b) Thoroughly wash in detergent and water.

(c) Rinse in clear water.

(d) Sanitize using 1 of the following methods:

(i) Immersion for at least 30 seconds in clean, hot water of at least 170 degrees

Fahrenheit.

(ii) Immersion for at least 1 minute in a solution containing between 50 and 100 parts per

million of chlorine or comparable sanitizing agent at a temperature of at least 75 degrees

Fahrenheit. A test kit or other device that measures parts per million concentration of the

solution must be used when a chemical is used for sanitizing.

(e) Air dry.

(6) Sponges must not be used in a food service operation.

R 400.8330 Food services and nutrition generally.

Rule 330. (1) Snacks and meals must be provided by the center, except when 1 of the

following circumstances occurs:

(a) A majority of the children are in attendance less than 2.5 hours.

(b) Food is provided by a parent.

(2) A written agreement must be kept on file at the center if the parent has agreed to

provide formula, milk, or food. The center shall provide an adequate amount of formula,

milk, or food if the parent does not.

(3) Beverages and food must be appropriate for the child’s individual nutritional

requirements, developmental stages, and special dietary needs, including cultural

preferences.

(4) A center shall ensure a child who has special dietary needs is provided with snacks and

meals in accordance with the child’s needs and with the instructions of the child’s parent or

licensed health care provider.

(5) A center shall provide adequate staff so that food service activities do not detract from

direct care and supervision of children.

(6) A center shall make water available to drink throughout the day to children 1 year of

age and older.

(7) Infants and toddlers shall be fed on demand.

(8) A child shall be served meals and snacks in accordance with the following schedule:

(a) Two and a half hours to 4 hours of operation: a minimum of 1 snack.

(b) Four hours to 6 hours of operation: a minimum of 1 meal and 1 snack.

(c) Seven hours to 10 hours of operation: a minimum of 1 meal and 2 snacks or 2 meals

and 1 snack.

(d) Eleven hours or more of operation: a minimum of 2 meals and 2 snacks.

(9) A center shall not deprive a child of a snack or meal if the child is in attendance at the

time when the snack or meal is served.

(10) Menus must be planned in advance, dated, and posted in a place visible 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.

35

(12) Cereal must not be added to a bottle or beverage container without written parental

permission.

(13) If food, bottles, or beverage containers are warmed, then the warming must be done in

a safe, appropriate manner.

(14) Warming bottles and beverage containers in a microwave oven or a crockpot is

prohibited.

(15) Bottle warmers must be placed where children cannot access them or reach the cords

for them.

(16) Bottle warmers must be shut off when not in use. A child care staff member shall not

hold a child while removing a bottle from the heating device.

(17) Warmed food, bottles, and beverage containers must be shaken or stirred to distribute

the heat, and the temperature must be tested before feeding.

(18) The contents of a bottle or beverage container must be discarded if any of the

following apply:

(a) The contents appear to be unsanitary.

(b) The bottle or beverage container has been used for feeding for a period that exceeds 1

hour from the beginning of the feeding.

(c) The bottle or beverage container requiring refrigeration has been unrefrigerated for 1

hour or more.

(19) Formula and milk, including breast milk, left in a bottle or beverage container after a

feeding must not be reused.

(20) Bottle propping is prohibited.

(21) When feeding, child care staff members shall hold infants, except when infants resist

being held and are able to hold their bottle.

(22) Infants or toddlers shall not have bottles, beverage containers, or food in sleeping

equipment.

(23) Children shall not have beverage containers or food while they are walking around or

playing.

(24) Child care staff members shall foster and facilitate toddlers’ independence, language,

and social interactions by doing all of the following:

(a) Encouraging self-feeding.

(b) Serving appropriate portion sizes.

(c) Sitting with toddlers during meal times.

(25) Breastfeeding must be supported and accommodated.

(26) A designated place must be set aside for use by mothers who are breastfeeding.

R 400.8335 Food services and nutrition; provided by center.

Rule 335. (1) Food and beverages provided by a center must be of sufficient quantity and

nutritional quality to provide for the dietary needs of each child according to the minimum

meal requirements of the child and adult care food program (CACFP), as administered by the

Michigan department of education, based on 7 CFR part 226, 1-1-18 edition, (2018) of the

United States Department of Agriculture, Food and Nutrition Service, CACFP, and is hereby

adopted by reference. A copy can be obtained at no cost from CACFP at

http://www.fns.usda.gov/cacfp/meals-and-snacks. In addition, a copy is available for

inspection and distribution at no cost at the Michigan Department of Licensing and

36

Regulatory Affairs, Bureau of Community and Health Systems, Child Care Division, 611

West Ottawa Street, Lansing, MI 48933.

(2) Solid foods must be introduced to an infant according to the parent’s or licensed health

care provider’s instructions.

(3) Infants shall only be served formula to drink unless written authorization is provided by

the child’s licensed health care provider.

(4) Children 12 months of age until 2 years of age shall be served whole homogenized

Vitamin D-fortified cow’s milk, except as provided in R 400.8330(4).

(5) Formula must be commercially prepared and ready-to-feed.

(6) All fluid milk and fluid milk products must be pasteurized and meet the grade “A”

quality standards.

(7) Milk must be served from 1 of the following:

(a) A commercially filled container stored in a mechanically refrigerated bulk milk

dispenser.

(b) A commercially filled container not to exceed 1 gallon.

(c) A sanitized container only if poured directly from the original container.

(8) All of the following apply to milk:

(a) Containers must be labeled with the date opened.

(b) Milk must be served within 7 days of opening.

(c) Milk must not be served if the contents appear to be unsanitary or have been

unrefrigerated for a period exceeding 1 hour.

(d) Milk must not be combined with the contents of other partially filled containers.

(9) Contents remaining in single-service containers of milk shall must be discarded at the

end of the snack or meal time.

(10) All containers of ready-to-feed formula, once opened, must be labeled with the date

and time of opening, refrigerated, and used within 48 hours or be discarded.

(11 ) Prepared bottles and beverage containers of milk and formula must be refrigerated

and labeled with the child’s first and last name, date, and time of preparation.

(12) Contents of unused bottles of formula must be discarded, along with any bottle liners,

after 48 hours.

(13) All liners, nipples, formula, milk, and other materials used in bottle preparation must

be prepared, handled, and stored in a sanitary manner.

(14) Reusable nipples and bottles must be washed, rinsed, and sanitized before reuse.

(15) Bottle liners and disposable nipples must be for single use only, by an individual child,

and discarded with any remaining formula or milk after use.

(16) Commercially packaged baby food must be served from a dish, not directly from a

factory-sealed container, unless the entire container will be served to only 1 child and will be

discarded at the end of the feeding period.

(17) Uneaten food that remains on a dish from which a child has been fed must be

discarded.

(18) Food that has been 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.

R 400.8340 Food services and nutrition; provided by parents.

37

Rule 340. (1) As used in this rule:

(a) “Same-day supply” means for use during a single day.

(b) “Multi-day supply” means for use over a multiple day period, up to 7 days.

(2) Breast milk, formula, milk, or other beverages provided in a same-day supply must be

furnished daily in either of the following:

(a) Clean, sanitary, ready-to-feed bottles or beverage containers.

(b) A clean, sanitary, beverage container. The beverage must be poured into a clean,

sanitary bottle or beverage container before each feeding.

(3) Breast milk, formula, milk, other beverages, and food furnished in a same-day supply s

must be covered and labeled with the child’s first and last name and the date.

(4) Any food or beverages furnished in a same-day supply must be returned to the parent at

the end of the day or discarded.

(5) Milk, other beverages, and non-perishable food items may be furnished in a multi-day

supply in an unopened commercial container.

(6) Breast milk may be supplied in a multi-day supply in a clean, sanitized container kept in

the refrigerator for up to 4 days or kept in the freezer for no more than 2 weeks.

(7) Milk and other beverages furnished in a multi-day supply must be labeled with the

child’s first and last name and the date of opening and be returned to the parent or discarded

7 days after opening.

(8) Non-perishable food items furnished in a multi-day supply must be labeled with the

date of opening and when 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 must be refrigerated or otherwise kept at a

safe temperature until used. Fresh, whole fruits and vegetables may be unrefrigerated for up

to 3 calendar days in a clearly labeled and dated container.

R 400.8345 Water supply; plumbing.

Rule 345. (1) The water system must comply with the requirements of the local health

department.

(2) Plumbing must be designed, constructed, installed, and maintained to prevent cross-

connection with the water system.

(3) Sinks, lavatories, drinking fountains, and other water outlets must be supplied with safe

water sufficient in quantity and pressure to meet conditions of peak demand.

(4) All plumbing fixtures and water and waste pipes must be properly installed and

maintained in good working condition.

(5) Each water heater must be equipped with a thermostatic temperature control and a

pressure relief valve, both of which must be in good working condition.

R 400.8350 Toilets; hand washing sinks.

Rule 350. (1) A center shall provide toilet and hand washing sinks as follows:

(a) A center operating with children in attendance less than 5 continuous hours a day shall

provide at least 1 toilet and 1 hand washing sink for every 20 children or fraction thereof.

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(b) A center operating with children in attendance 5 or more continuous hours a day shall

provide at least 1 toilet and 1 hand washing sink for every 15 children or fraction thereof.

(2) After December 6, 2006, any center that is new, adds an infant and toddler component,

or increases the licensed infant and toddler capacity shall have a diapering area with a readily

accessible, designated hand washing sink.

(3) After December 6, 2006, a separate hand washing sink is required in the kitchen for all

of the following:

(a) A new center with a food service component.

(b) A center with a food service component that remodels the kitchen.

(c) Any center that adds a food service component.

(4) Hand washing sinks for children must be accessible to children by platform or installed

at children’s level.

(5) Hand washing sinks must have warm running water not to exceed 120 degrees

Fahrenheit.

(6) Soap and single service towels or other approved hand drying devices must be provided

near hand washing sinks.

(7) Toilet rooms for school-age children must provide for privacy.

R 400.8355 Sewage disposal.

Rule 350. (1) Sewage and other water-carried wastes must be disposed of through a

municipal or private sewer system.

(2) Private sewer and septic systems must be designed and operated to safely dispose of all

wastewater generated, be adequate in size for the projected use, and meet the criteria of the

local health department.

R 400.8360 Garbage and refuse.

Rule 360. (1) All garbage must be removed from the center daily.

(2) Garbage containers must be washed when soiled.

(3) Garbage stored outside must be in sealed plastic bags in watertight containers with

tight-fitting covers or in a covered dumpster.

(4) Outside garbage and refuse must be picked up or removed at a minimum of once a

week.

R 400.8365 Heating; temperature.

Rule 365. (1) The temperature in child use areas must be maintained at a safe and

comfortable level so that children in care do not become overheated or chilled.

(2) The indoor temperature must be at least 65 degrees Fahrenheit in child use areas at a

point 2 feet above the floor.

(3) If temperatures exceed 82 degrees Fahrenheit, then a center shall take measures to cool

the children.

R 400.8370 Light, ventilation, and screening.

39

Rule 370. (1) The total ventilation area in every habitable room, as provided by openable

windows, must be not less than 4½% of the floor area, unless central air conditioning is

provided.

(2) If ventilation is dependent on a mechanical system, then the system must be on at all

times while the building is occupied and shall comply with the ventilation requirements of

the applicable mechanical code of the authority having jurisdiction.

(3) Windows and doors used for ventilation must be supplied with screening of not less than

16 mesh, which must be kept in good repair. This subrule does not apply to child care

programs operating in school buildings.

R 400.8375 Premises.

Rule 375. (1) The center shall be located on land that provides good natural drainage or

that is properly drained.

(2) Stairs, walkways, ramps, landings, and porches must meet all of the following

requirements:

(a) If elevated, have barriers to prevent falls and handrails designed and constructed for

use by children.

(b) Be maintained in a safe condition relative to the accumulation of water, ice, or snow

and have nonslip surfacing.

(c) Landings must be located outside exit doors where steps or stairs are necessary and be

at least as wide as the swing of the door.

(d) Stairway steps must be not more than 8 inches in height, with a minimum tread depth

of 9 inches.

(e) If ramps are used, then they must have a minimum rise-to-run ratio of 1-to-12.

R 400.8380 Maintenance of premises.

Rule 380. (1) The premises must be maintained in a clean and safe condition and must not

pose a threat to health or safety.

(2) The premises must be maintained so as to eliminate and prevent rodent and insect

harborage.

(3) Roofs, exterior walls, doors, skylights, and windows must be weathertight and

watertight and kept in sound condition and good repair.

(4) Floors, interior walls, and ceilings must be kept in sound condition, good repair, and

maintained in a clean condition.

(5) There must be no flaking or deteriorating paint on interior and exterior surfaces or on

equipment accessible to children.

(6) All toilet room floor surfaces must be easily cleanable and constructed and maintained

so as to be impervious to water.

(7) Light fixtures, vent covers, wall-mounted fans, and similar equipment attached to walls

and ceilings must be easily cleanable and maintained in good repair.

(8) A lead hazard risk assessment must be completed by a certified lead risk assessor on all

centers built before 1978. Any lead hazards identified must be addressed as noted in the lead

hazard risk assessment report before issuance of the original license. The results of the

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assessment must be kept on file at the center. Centers that operate in a school building

serving only school-age children are exempt from the requirements in this rule.

(9) A center shall adopt and implement an integrated pest management policy as required

by section 8316 of the natural resources and environmental protection act, 1994 PA 451,

MCL 324.8316.

R 400.8385 Poisonous or toxic materials.

Rule 385. Containers of poisonous or toxic materials must be clearly labeled for easy

identification of contents and stored out of reach of children.

PART 3. FIRE SAFETY

R 400.8501 National Fire Protection Association standards; adoption by reference.

Rule 501. The following National Fire Protection Association (NFPA) standards, as

displayed in Table 5, are adopted by reference in these rules. Copies of the adopted

standards are available for inspection and may be purchased at the NFPA website

www.nfpa.org, or from the National Fire Protection Association, 1 Batterymarch Park, P.O.

Box 9109, Quincy, Massachusetts 02269-9101. The cost of single copies of each standard at

the time of the adoption of these rules is indicated after the title. They are also available for

inspection at the Michigan Department of Licensing and Regulatory Affairs, Bureau of

Community and Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI

48933.

TABLE 5

National Fire Protection Association Standards

Standard

NFPA-10

NFPA-13

Title

Edition

2018

2019

Cost

$54.00

$110.00

Standard for Portable Fire Extinguishers

Standard for the Installation of Sprinkler Systems

Standard for the Inspection, Testing and

Maintenance of Water-Based Fire Protection

Systems

NFPA- 25

2017

$63.50

NFPA-72

NFPA-80

National Fire Alarm Code and Signaling Code

Standard for Fire Doors and Other Opening

Protectives

2019

$102.50

$54.00

Standard Methods of Fire Resistance of Building

Construction and Materials

NFPA-251

NFPA-265

NFPA-701

2006

2019

2015

$49.00

$50.50

$42.00

Standard Methods of Fire Tests for Evaluation

Room Fire Growth Contribution of Textile

Coverings on Full Height Panels and Walls

Standard Methods of Fire Tests for Flame

Propagation of Textiles and Films

41

R 400.8505 Definitions.

Rule 505. As used in this part:

(a) “Basement” means a story of a building or structure having ½ or more of its clear

height below average grade for at least 50% of the perimeter.

(b) “Combustible” means materials will ignite and burn when subjected to a fire or

excessive heat.

(c) “Conversion” means to alter the use of an existing building or room to a center.

(d) “Existing building” means a structure or part of a structure not currently used as a

center.

(e) “Existing licensed center” means a center that was licensed December 7, 2006 and

whose license continues uninterrupted.

(f) “Exit” means a way of departure from the interior of a building or structure to the open

air outside at ground level.

(g) “Fire alarm” means a device used to alert the occupants of the building of fire or

smoke conditions. The device shall be audible in all parts of the building used as a center.

(h) “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 shall be listed by a nationally recognized testing

laboratory and installed in accordance with NFPA-72.

(i) “Fire door assembly” means a side-hinged, labeled fire door and labeled frame

constructed and installed in compliance with NFPA-80.

(j) “Fire-resistance rating” means the time for an element in a building to maintain its

particular fire resistance properties in accordance with NFPA-251.

(k) “Fire-resistive construction” means a building having walls, ceilings, floors, partitions,

and roof of non-combustible materials having a minimum fire-resistance rating of 1 hour.

This subdivision does not prohibit finished wood floors, doors, and windows with assorted

frames and trim.

(l) “Flameproof materials” means materials that will not propagate flame under the test

conditions of NFPA-701. Flameproof materials are usually combustible materials with the

addition of some treatment or coating to modify their burning properties.

(m) “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.

(n) “Hazard area” means those parts of a center building housing a commercial kitchen,

heating plant, fire-fueled water heater, incinerator, or an area posing a higher degree of

hazard than the general occupancy of the building.

(o) “Heating plant room” means a room or area housing fuel-fired equipment.

(p) “Interior finish” means the exposed interior surface materials of walls, fixed or

movable partitions, and ceilings. This includes drywall, masonry, or wood substructure and

surfacing materials such as paneling, tile, or other interior finish material and any surfacing

materials, such as paint or wallpaper, applied thereto. Interior finish includes materials

affixed to the building structure as distinguished from decorations or furnishings.

(q) “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.

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(r) “New construction” means a created structure, addition, replacement, or alteration of

structural components, such as walls.

(s) “Noncombustible” means materials that will not ignite and burn when subjected to

fire.

(t) “Protected ordinary construction” means all of the following types of construction:

(i) Roofs and floors and their supports having a minimum of 1-hour fire-resistance

rating.

(ii) Exterior bearing walls or bearing portions of exterior walls are of noncombustible or

limited combustible materials and have a minimum of 1-hour fire-resistance rating and

stability under fire conditions.

(iii) Nonbearing exterior walls are of noncombustible or limited combustible materials.

(iv) Roofs, floors, and interior framing are wholly or partly made of wood of smaller

dimension than required for heavy timber construction.

(u) “Standard partition construction” means a substantial smoke-tight assembly consisting

of walls, in conjunction with ceilings at which they terminate, that are covered on both sides

with minimum standard lath and plaster or ½-inch drywall over 2”x 4” studs. Doorways in

these walls are protected with minimum 1¾-inch flush solid core wood doors or 20-minute

labeled fire-rated doors and equipped with approved self-closing devices and positive

latching hardware. One or more glass panes are permitted in these walls and doors if each

individual glass panel is fixed pane and not larger than 1,296 square inches of ¼-inch wired

glass with no linear dimension longer than 54 inches, or fire-rated safety glass, of any size,

listed with a minimum fire rating of 45 minutes and installed as listed. In some cases,

drywall or plaster is also necessary to protect the underside of stairs.

(v) “Textile material” means having a napped, tufted, looped, woven, non-woven, or

similar surface.

(w) “Wired glass” means glass not less than ¼-inch thick, reinforced with wire mesh,

number 24 gauge or heavier, with spacing not greater than 1 square inch.

(x) “Wood frame construction” means that type of construction in which exterior walls,

bearing walls and partitions, and floor and roof constructions and their supports are made of

wood or other combustible material.

R 400.8510 Plans and specifications; submission; approval; inspections.

Rule 5010. (1) A complete set of plans and specifications of any proposed center or

proposed addition, alteration, or remodeling to an existing center shall be submitted to the

department for review and approval. If the total cost of the project is $15,000.00 or more,

including labor and materials, the plans shall bear the seal of a registered architect or

engineer.

(2) Written approval shall be obtained from the department before initiating any

construction.

(3) A fire safety inspection shall be conducted by the bureau of fire services or a

department-approved qualified fire inspector, and an approval granted, before issuance of the

original license and every 4 years thereafter, at the time of renewal.

(4) If a boiler is used, then it shall be inspected, and a certificate provided, as required by

the boiler division, department of licensing and regulatory affairs.

43

(5) Fuel-fired furnaces shall be inspected by a licensed mechanical contractor before

issuance of an original license and every 2 years at renewal.

(6) Fuel-fired water heaters shall be inspected by a licensed mechanical contractor or a

licensed plumbing contractor before issuance of an original license and every 2 years at

renewal.

(7) New furnace and water heater installations shall be inspected and approved by the local

mechanical inspecting authority at the time of installation.

R 400.8515 Construction.

Rule 515. (1) If child occupancy is limited to the first or main floor, then the building may

be of wood frame construction.

(2) If child occupancy is on the second floor, then all of the following are required:

(a) The building shall be of protected ordinary construction.

(b) All required stairways and vertical openings shall be enclosed by walls, in conjunction

with openings therein, and ceilings at which they terminate that meet the requirements of

standard partition construction to provide a protected means of egress to the outside with

proper termination to grade.

(c) All door openings contained in subdivision (b) of this subrule shall meet all of the

following requirements:

(i) Be protected with 1¾-inch flush solid core wood doors or 20-minute labeled fire-

rated doors.

(ii) Be installed in fully stopped smoke-tight, substantial frames.

(iii) Be equipped with approved self-closing devices and non-locking-against-egress

positive latching hardware.

(3) If child occupancy is above the second floor, then both of the following are required:

(a) The building shall be of 1-hour fire-resistive construction.

(b) All required stairways and other vertical openings shall be enclosed by a minimum 1-

hour fire-resistive construction to provide a protected means of egress to the outside with

proper termination to grade.

(4) If any portion of a basement is used for more than 30 children, then 1 of the following

provisions is required:

(a) Two enclosed stairways of 1-hour fire-resistant construction shall discharge directly to

the outside with proper termination to grade, and all openings in the stairways shall be

protected by a minimum of 45-minute rated fire doors and frame assemblies. “B” labeled

fire doors are acceptable.

(b) One approved exit from the occupied room or use area shall discharge directly to the

outside with proper termination to grade. Travel distance from any point in this room or area

to this exit shall be less than 50 feet.

(c) Two exits comprised of any combination of subdivisions (a) and (b) of this subrule.

(5) If basement occupancy is limited to not more than 30 children, then all of the following

apply:

(a) One of the exits required by subrule (4) of this rule shall 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.

44

(c) For new construction and conversions, the separation shall be located at the first floor

with travel distance from the door to an approved exit not to exceed 100 feet.

(6) All vertical openings and stairways that are not required shall be constructed and

arranged with effective fire and smoke separation under the requirements of standard

partition construction. All door openings shall be as follows:

(a) Protected with 1¾-inch flush solid core wood doors or 20-minute labeled fire-rated

doors.

(b) Installed in fully stopped smoke-tight substantial frames.

(c) Equipped with approved self-closing devices and non-locking-against-egress positive

latching hardware.

R 400.8520 Interior finishes.

Rule 520. (1) The classifications of interior finishes for flame spread and smoke

development, as displayed in Table 6, shall be used as follows:

TABLE 6

FLAME SPREAD AND SMOKE DEVELOPMENT FOR INTERIOR FINISHES

Class

Flame Spread

0-25

26-75

Smoke Developed

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 shall be class A or I

or B or II.

(3) Basic materials in all other areas shall be class C or III.

(4) Interior finish material more hazardous than class C or III is prohibited in child use

areas.

(5) If an approved automatic sprinkler system is installed and maintained in accordance

with NFPA-13 and NFPA-25, then class C or III interior wall and ceiling finish materials are

permitted in any location where class B or II is required and class B or II interior wall and

ceiling finish materials are permitted in any location where class A or I is required.

(6) In an existing licensed center or conversion, existing interior finishes that do not

comply with the classifications in subrule (1) of this rule may have their surfaces protected

with an approved fire-retardant coating to meet the classifications for interior finishes. The

coatings shall be applied to interior finishes that are attached to or furred out not more than 1

inch from a noncombustible backing and applied according to manufacturer’s

recommendations. Documentation shall be provided as required by the department.

(7) Interior finish materials of classes B or II and C or III that are less than 1/4 inch in

thickness shall 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.

45

(8) Centers licensed before December 7, 2006 may retain previously approved fire

retardant coated interior finishes.

(9) Textile materials having a class A or I rating and used as an interior finish are permitted

as follows:

(a) On walls or ceilings of rooms or areas protected by an automatic sprinkler system

approved by the department.

(b) On room partitions that are less than ¾ of the floor-to-ceiling height not to exceed 8

feet in height.

(c) To extend up to 4 feet above the finished floor on ceiling-height walls and ceiling-

height partitions.

(d) Textile materials are permitted on walls and partitions where tested in accordance with

and meeting the standards of NFPA-265. If compliance is achieved by application of a

flame-proofing product in accordance with NFPA-701, documentation shall be provided as

required by the department.

(10) Drapery material may be used for stage curtains, room dividers, and similar uses if

the material has been tested and approved in accordance with NFPA-701.

(11) Drapery material applied to surfaces of a facility as an interior finish shall meet the

requirements of subrule (9) of this rule.

(12) All vinyl and wooden wall dividers shall meet the interior finish requirements of

subrules (1), (2), and (3) of this rule, as applicable.

(13) Bulletin boards shall 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(4)(b) and subdivision (c) of this subrule

each occupied floor shall have not less than 2 approved exits directly to the outside with

proper termination to grade, remote from each other by 50% of the longest dimension of the

floor or area served, and occupied rooms within the center shall 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 shall be as follows:

(a) For infants and toddlers, travel shall be 50 feet or less from the door of the occupied

room to the exit.

(b) For preschoolers and school-agers, travel shall be 100 feet or less from the door of the

occupied room to the exit.

(c) Buildings having complete automatic sprinkler protection may increase their travel

distances by 50 feet.

(d) Those areas approved before July 1, 2000 are exempt from the requirements of this

rule.

46

(3) For all centers initially licensed after December 6, 2006, programs with infants and

toddlers shall have exits with proper termination and within 30 inches of grade or exits

properly ramped to grade.

(4) Exit doors and all doors in the means of egress shall be side-hinged and equipped with

knob, lever-type, non-locking-against-egress, or panic-type hardware.

(5) Exit doors and doors in rooms occupied by 21 or more children shall swing in the

direction of egress.

(6) Means of egress shall be maintained in an unobstructed, easily traveled condition at all

times that the center is in operation. Means of egress shall not be exposed to inherent

hazards of the building, including the heating plant, flammable storage, commercial kitchen,

or other similar conditions.

(7) In new construction, additions, remodeling, and conversions, there shall be a floor or

landing on each side of an exit door. The floor or landing shall be at the same elevation on

each side of the door, except for variations in elevation due to differences in finish materials,

which shall not exceed ½ inch.

(8) In conversions, landings shall have a width not less than the width of the stairway or the

width of the door, whichever is greater. Landings shall have a length not less than the width

of the door.

(9) In new construction, additions, and remodeling, landings shall comply with the latch-

side clearance requirements of sections 404.2.3 to 404.2.3.5 of the International Code

Council/American National Standards Institute (ICC/ANSI) standard A117.1, Accessible and

Usable Buildings and Facilities which is adopted by reference in this International Code

Council at www.iccsafe.org or 1-800-786-4452 at a cost of $47.50. They are also available

for inspection at the Michigan Department of Licensing and Regulatory Affairs, Bureau of

Community and Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI

48933.

(10) For new construction, additions and remodeling, an exit door shall be not less than 36

inches wide. Doors to multiple-use bathrooms shall not be less than 32 inches wide.

(11) For the conversion of an existing building, exterior exit doors shall be not less than 36

inches wide. Other use room doors shall be not less than 28 inches wide. Single-use toilet

room doors shall not be less than 24 inches wide. Any remodeled door openings, other than

the door swing, shall comply with subrule (10) of this rule.

(12) Centers licensed before December 7, 2006 may retain previously approved door

widths.

(13) Exterior exits shall be marked or denoted by an approved exit sign. All exit signs shall

be distinctive in color and provide contrast with decorations, interior finish, or other signs.

Each exit sign shall have the word “EXIT” in plain, legible letters not less than 6 inches high,

on a background of contrasting color, with strokes not less than ¾-inch wide. The word

“EXIT” shall have letters that are not less than 2 inches wide, except the letter “I”.

(14) Exit signs shall be internally or externally illuminated at all times. To ensure

continued illumination for a duration of not less than 90 minutes, in case of primary power

loss, the sign illumination means shall be connected to an emergency power system provided

from storage batteries, unit equipment, or an on-site generator.

(15) When nighttime care is provided, the center shall have exits with proper termination

and within 30 inches of grade or exits properly ramped to grade.

47

(16) When nighttime care is provided, exit signs shall be illuminated, and emergency

lighting provided at exits.

R 400.8530 Hazard Areas.

Rule 530. (1) Hazard areas shall be separated from the parts of the building used as a

center in the following manner:

(a) In centers licensed before June 4, 1980, areas used for the storage of combustibles and

other hazard areas will continue to be approved if they are enclosed with a minimum ¾-hour

fire resistive construction and doorways to the areas are protected with a minimum 1¾-inch

flush solid core wood or 20-minute labeled fire-rated doors equipped with approved self-

closing devices and positive latching hardware.

(b) In centers licensed between June 4, 1980 and July 1, 2000, areas used for the storage

of combustibles and other hazards will continue to be approved if they are enclosed by 1 of

the following:

(i) Where the area used for the storage of combustibles exceeds 100 square feet, by

construction having a minimum 1-hour fire resistance rating, openings in the separation shall

be protected with a minimum of 45-minute rated fire door and frame assembly, including an

approved self-closing device and positive latching hardware. “B” labeled doors are

acceptable.

(ii) Where the area used for the storage of combustibles does not exceed 100 square feet,

by construction having a minimum ¾-hour fire resistance rating, all door openings shall be

protected by minimum 1¾-inch flush solid core wood doors or 20-minute labeled fire-rated

doors hung in substantial frames and equipped with approved self-closing devices and

positive latching hardware.

(c) In centers licensed after July 1, 2000, areas used for the storage of combustibles and

other hazards will continue to be approved if they are enclosed by 1 of the following:

(i) Where the area used for the storage of combustibles exceeds 100 square feet, by

construction having a minimum 1-hour fire resistance rating, openings in the separation shall

be protected with a minimum of 45 minute-rated fire door and frame assembly, including an

approved self-closing device and positive latching hardware. “B” labeled doors are

acceptable.

(ii) Where the area used for the storage of combustibles does not exceed 100 square feet,

by construction having a minimum 1-hour fire resistance rating. All door openings shall 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.

(2) Where a kitchen with commercial cooking equipment exposes a required means of

egress or child use area, it shall be separated from the remainder of the building with

minimum 1-hour fire resistive construction, including a minimum of 45-minute rated fire

door and frame assemblies in all common openings. Kitchens having commercial cooking

equipment protected by an approved automatic kitchen hood suppression system are exempt

from this requirement. “B” labeled doors are acceptable.

(3) The use of an incinerator is prohibited.

(4) Heating shall 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, it shall be installed in an enclosure providing not

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less than a 1-hour fire-resistive separation, including a minimum of 45-minute rated fire door

and frame assembly equipped with an approved self-closing device and positive latching

hardware in any interior door opening. Door openings for heat plant enclosures not located

on the same floor that is used for child occupancy may have 1¾-inch flush solid wood core

doors or 20-minute labeled fire-rated doors having positive latching hardware and an

approved self-closing device. Air for proper combustion, a minimum of 1 square inch per

4,000 BTUs input, shall be provided directly from the outside through a permanently opened

louver or metal duct. “B” labeled doors are acceptable.

(5) In centers licensed before December 7, 2006, a properly installed heating plant located

in a basement that is not used for child occupancy does not require additional protection

where there is a qualified fire separation and with at least a 1¾-inch flush solid core wood

doors or 20-minute labeled fire-rated doors hung in a substantial frame and equipped with an

approved self-closing device and positive latching hardware in all stairway openings.

(6) Any fuel-fired water heater or other similar equipment shall be located according to

subrule (4) or (5) of this rule, as applicable.

(7) Where electric heating is used, it shall be Underwriters’ Laboratories, Inc. (UL) listed,

permanent, fixed-type electrical heating such as recognized panel or baseboard fixed-type.

Electric heating that complies with this requirement may be installed in any location.

(8) Auxiliary heating units, such as portable combustion or electrical types, are prohibited.

(9) The center shall not store flammable materials, including fuels, pressurized cans,

cleaning fluids and supplies, polishes, and matches, in heat plant enclosures. These items

may be stored outside of child use areas in metal cabinets or storage facilities accessible only

to authorized personnel.

(10) The center shall not store combustible materials within the central heating plant or

fuel-fired water heater rooms or in basements containing fuel-fired heating equipment,

without a proper fire separation.

(11) The center shall not permit flammable gases, gasoline, or gasoline-powered equipment

in the part of a building that is used as a center or in other parts of the building from which

there is a door, window, or other opening into the center, unless that part of the building is

separated from the remainder of the building by minimum 2-hour fire resistive construction.

(12) If commercial-type laundry equipment is installed, then the equipment shall be

enclosed to provide a 1-hour resistance to fire, including a minimum of 45-minute rated fire

door and frame assembly in an interior door opening that would expose the center. “B”

labeled doors are acceptable.

(13) Dryer vents shall be metal and vented completely to the exterior.

(14) The department does not require fire dampers in ¾-hour and 1-hour fire-resistive

enclosures.

(15) All appliances and equipment in the center shall be installed and maintained in

accordance with their manufacturer’s specifications.

(16) Centers shall be kept free of all conditions that constitute fire safety hazards.

R 400.8535 Fire alarm.

Rule 535. (1) In any building used as a center, an approved fire alarm, either electrical or

manual, shall be installed.

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(2) In centers of more than 4 child-occupied rooms, excluding bathrooms, or in centers

licensed for more than 60 children, an approved fire alarm system shall be installed and

maintained in compliance with NFPA-72.

(3) In new construction, conversions, remodeling, or newly licensed centers, the trouble

signal for required fire alarm systems shall be located in an area normally occupied by child

care staff members.

R 400.8540 Smoke detectors; carbon monoxide detectors.

Rule 540. (1) All child care centers shall, at a minimum, be equipped with approved single

station smoke detectors covering all use areas and their means of egress. These smoke

detectors shall be located and spaced according to NFPA-72.

(2) Centers with any fuel-fired heating systems shall have a carbon monoxide detector,

listed by a nationally recognized testing laboratory, on all levels approved for child care and

in each use area covered by a different furnace zone.

(3) Centers shall properly install and maintain all detectors in operable condition in

accordance with manufacturer’s recommendations.

R 400.8560 Multiple occupancy.

Rule 560. (1) Multiple occupancy of a building may qualify for licensure if the entire

building does not present a life safety hazard. A center currently licensed in such a building

may continue as long as such occupancies do not change in character.

(2) A building, part of which is used for hazardous operations or for occupancy that is

unpredictable, such as taverns, garages, repair shops, and industrial operations, are not

permitted for center use. However, an exception may be made for a vocational education

center approved by the department.

R 400.8565 Fire safety; exemptions for public and nonpublic school buildings.

Rule 565. The rules with respect to fire prevention and fire safety do not apply to a center

established and operated by an intermediate school board, the board of a local school district,

or by the board or governing body of a state-approved nonpublic school, or by a person 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 4. TRANSPORTATION

R 400.8701. Definitions.

Rule 701. As used in this part:

(a) “Manufacturer’s rated seating capacity” means the number of places or spaces

provided by the manufacturer of a vehicle for the driver and passengers to sit while the

vehicle is in motion.

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(b) “Motor vehicle” means a self-propelled device in which persons are or may be

transported upon a highway, built on an automobile or truck chassis specifically designed by

the manufacturer to transport passengers, or specially modified to transport handicapped

passengers, and that meets the safety equipment requirements of sections 683 to 711 of the

Michigan vehicle code, 1949 PA 300, MCL 257.683 to 257.711.

(c) “Multifunction school activity bus” means that term as described in section 7 of the

pupil transportation act, 1990 PA 187, MCL 257.1807.

(d) “Safety belt” means an automobile lap belt or lap-shoulder belt combination designed

to restrain and protect a passenger or driver of a vehicle from injury.

(e) “School bus” means that term as defined in section 7 of the pupil transportation act,

1990 PA 187, MCL 257.1807.

(f) “School transportation” means transportation provided by a public, non-public, or

private school.

(g) “Transportation” means the conveyance of children by means of a motor vehicle to or

from a center and to and from all activities planned for children by or through the center.

(h) “Transportation component” means when a center uses center owned vehicles,

vehicles of staff or volunteers, or other private or contracted transportation to transport

children for any reason. Transportation component does not include either of the following:

(i) Transportation is not a component of the child care program if a child care center uses

public transportation or public or private school transportation; however, certain

transportation rules still apply.

(ii) 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, then the school is responsible for the health and safety of

children during transportation, and transportation is not considered a component of the child

care program. If this paragraph applies, a child care center is not required to complete a

comprehensive background check on the transportation staff through the Child Care

Background Check System.

(i) “Volunteer motor vehicle” means a motor vehicle not owned by, leased by, or

registered to the center or principle or employee of the center.

R 400.8720 All motor vehicles.

Rule 720. (1) All motor vehicles must be in safe operating condition.

(2) All motor vehicles, except multifunction school activity buses and school buses

inspected by the department of state police as indicated in subrule (3) of this rule, must be

inspected annually by a licensed mechanic. A copy of the inspection must be kept on file at

the center. Volunteer vehicles are not required to be inspected.

(3) Centers that use multifunction school activity buses and school buses must do all of the

following:

(a) Contact the department of state police to determine if an annual inspection by the

department of state police is required under section 39 of the pupil transportation act, 1990

PA 187, MCL 257.1839.

(b) If directed by the department of state police, obtain an annual inspection by the

department of state police. A copy of the inspection must be kept on file at the center.

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(4) A statement verifying that all motor vehicles, including volunteer vehicles, are in

compliance with Michigan vehicle code safety equipment requirements, as defined in

sections 683 to 711 of the Michigan vehicle code, 1949 PA 300, MCL 257.683 to 257.711,

must be kept on file at the center.

(5) The use of passenger vans with a rated seating capacity of 11 or more, including

volunteer vehicles, is prohibited.

(6) Multifunction school activity buses used for transporting children between the child

care center and school must comply with all minimum safety specifications, except color,

identification, and alternating flashing lights, as defined in the pupil transportation act, 1990

PA 187, MCL 257.1801 to 257.1877.

(7) Motor vehicle seats used by children, staff, and volunteers must not face sideways.

(8) A truck must not be used to transport children, except in the cab.

(9) There must be no loose or heavy objects in the passenger compartment of any motor

vehicle.

R 400.8730 Safety equipment in motor vehicles.

Rule 730. (1) All motor vehicles used to transport children must carry all the following

safety equipment:

(a) Three bidirectional emergency reflective triangles properly cased and securely stored

in the motor vehicle.

(b) A first aid kit securely stored in an accessible location in the driver compartment.

(2) Any motor vehicle with a manufacturer’s rated seating capacity of more than 10

occupants used to transport children must carry both of the following additional safety

equipment:

(a) Not less than 3 15-minute flares or an approved battery-operated substitute properly

cased and securely stored in the driver’s compartment.

(b) Fire extinguisher of dry chemical type rated not less than 2A-10BC mounted in an

accessible place in the driver’s compartment. The fire extinguisher must be 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 person who performed the

inspection or service.

(3) Volunteer motor vehicles are exempt from subrule (1)(a) of this rule.

R 400.8740 Manufacturer’s rated seating capacity; restraint devices; safety belts.

Rule 740. (1) Each child transported shall be seated according to the manufacturer’s rated

seating capacity and properly restrained by a passenger restraint device as required by

sections 710d and 710e of 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. Allowing 2 or more children to share a seat belt or

restraint device is prohibited.

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(4) The driver of a motor vehicle and all adult passengers shall be seated according to the

manufacturer’s rated seating capacity and properly restrained by safety belts when the motor

vehicle is in motion.

(5) All safety belts and restraint devices used while transporting children and adults must

be in good working condition.

R 400.8750 Motor vehicle operator.

Rule 750. (1) The driver of any motor vehicle transporting children shall comply with all

of the following:

(a) Be at least 18 years of age.

(b) Possess a valid operator or chauffeur’s license with the appropriate endorsement as

required by chapter III of the Michigan vehicle code, 1949 PA 300, MCL 257.301 to

257.329.

(c) Have a personal driving record with not more than 6 active points as determined by the

secretary of state.

(d) Have proof of valid automobile insurance and registration.

(e) Be familiar with the contents of the first aid kit.

(f) Be familiar with the operation of the fire extinguisher, if a fire extinguisher is required.

(2) All of the following documents must be kept on file at the center:

(a) A copy of each driver’s driving record, except for drivers of volunteer motor vehicles,

obtained from the secretary of state at least once a year.

(b) A self-certifying statement that all volunteer drivers comply with subrule (1) of this

rule.

(c) A copy of a valid driver’s license for each driver.

(3) Drivers shall be provided with a copy of the child information card or comparable

substitute for each child being transported in their motor vehicles.

R 400.8760 Staff and volunteer-to-child ratio and supervision in transit.

Rule 760. (1) The ratio of staff and volunteers-to-children in transit, including children

related to a staff member, volunteer, licensee, or driver, must be based on the following

provisions:

(a) For infants and toddlers, there must be 1 staff member or 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 staff and volunteer-to-child ratio.

(c) For 3-year-olds, there must be 1 staff member or volunteer for 10 children. The driver

may be counted in the staff or volunteer-to- child ratio.

(d) For 4-year-olds, there must be 1 staff member or volunteer for 12 children. The driver

may be counted in the staff or volunteer-to-child ratio.

(e) For school-agers, there must be 1 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.

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(f) An additional staff member or volunteer is not required if only 1 child under 36

months of age is transported.

(2) To count in the staff member or volunteer-to-child ratios, staff members or volunteers

shall be all of the following:

(a) At least 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 staff member, volunteer, or driver shall ensure that the children are

received by a staff member, parent, or other person as designated by the parent.

(b) Children shall enter and leave the motor vehicle from the curbside unless the vehicle is

in a protected parking area or driveway.

(4) Children shall not be left unattended in a motor vehicle.

(5) When children under school-age are entering or leaving the motor vehicle, the children

shall be carried or helped into and out of the motor vehicle.

PART 5. SWIMMING

R 400.8801 Definitions.

Rule 801. As used in this part:

(a) “Lifeguard” means a person who meets the following criteria:

(i) Possesses an appropriate and current life guard training and certification by the

American Red Cross, YWCA, YMCA, or equivalent in 1 of the following:

(A) Basic lifeguard for pool only.

(B) Full life guarding for pool and all other water activities.

(ii) Is dressed suitably to act in an emergency.

(iii) Is providing constant supervision.

(b) “Public swimming pool” means that term as defined in section 12521 of the public

health code, 1978 PA 368, MCL 333.12521.

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 kept 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.

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(5) For swimmers 3 years of age and older, there shall be an in-the-water child care staff

member-to-child ratio as required by R 400.8182(3).

R 400.8820 Swimming activity supervision.

Rule 820. All child care staff members counted in the child care staff member-to-child ratio

shall be both of the following:

(a) Actively engaged in providing direct care, supervision, and guidance.

(b) Physically able to assist children quickly.

R 400.8830 Instructional swim.

Rule 830. (1) Instructional swim must be conducted under the supervision of a qualified

water safety instructor (WSI), who is certified by the American Red Cross, in an organization

such as the YMCA or YWCA, and where instructional swim is part of the organized

program.

(2) The child care staff member-to-child ratio under R 400.8182(3) must be maintained.

The instructor shall not be included in the ratio.

R 400.8840 Swimming activity area.

Rule 840. (1) All swimming areas must be maintained in a clean and safe condition.

(2) A public pool used for swimming must be inspected by the local health department and

issued a license by the department of environmental quality.

(3) The water at a public or private beach must not be used if deemed 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 and private wading pools is prohibited.