Mich. Admin. Code (Lifelong Education, Advancement, and Potential) | Michigan Administrative Code — Department of Lifelong Education, Advancement, and Potential

Office of Higher Education Office of Higher Education

R 390.831 to R 390.849 Tuition Grants

Mich. Admin. Code R 390.831 Definitions {#sec-r-390.831 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.831}

DEPARTMENT OF TREASURY

HIGHER EDUCATION ASSISTANCE AUTHORITY

TUITION GRANTS

(By authority conferred on the higher education assistance authority by section 6 of Act No. 313 of the Public Acts of 1966, as amended, beingS390.996 of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(a) "Act" means Act No. 313 of the Public Acts of 1966, as amended, being S390.991 et seq. of the Michigan Compiled Laws.

(b) "Authority" means the Michigan higher education assistance authority.

(d) "Default" means failure to comply with the terms of a loan guaranteed by the authority so that the authority finds it necessary to reimburse the original lending institution for the balance of the loan.

(e) "Full-time" means a student enrolled for 12 or more semester credit hours or equivalent in trimester or quarter hours or the equivalent of 24semester hours or 36 quarter hours per academic year for institutions using credit hours to measure progress, but not using semester, trimester, or quarter hours.

(f) "Independent, nonprofit college or university" means a Michigan independent college or university eligible for listing in the "Directory of Michigan Institutions of Higher Education," published by the Michigan department of education.

(g) "Parent" means the mother, father, mother and father, or adoptive parents.

(h) "Part-time" means a student enrolled for not less than 6, but not more than 11, semester credit hours, trimester, or equivalent in quarter hours or at least 1/2 the credit defined as full-time in subdivision (e) of this rule.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.832 Administrative responsibility {#sec-r-390.832 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.832}

Rule 2. The authority shall administer tuition grants to eligible students registered as undergraduate or graduate students.

History

History: 1979 AC.

Mich. Admin. Code R 390.833 Eligibility; requirements {#sec-r-390.833 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.833}

Rule 3. An applicant may be considered for a tuition grant if the authority finds that the applicant meets all of the requirements specified in sections 3 and 4 of the act and the following requirements:

(a) Has resided continuously in this state for the preceding 12 months and is not considered a resident of any other state. A student who is not a United States citizen shall be a holder of the I-151 or I-551 immigration identification card signifying permanent residency in the United States. A refugee who meets the 12-month state residency requirement may be eligible for tuition grant consideration.

(b) Is registered in, or expresses intent to register in an independent, nonprofit college or university in this state which is eligible for participation in the tuition grant program.

(c) Has not defaulted on a loan guaranteed by the authority. Exceptions can be made if a defaulted borrower has made satisfactory repayment arrangements on the defaulted amount of the loan as determined by the authority.

(d) Has complied with the provisions of the act and the rules adopted by the authority.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.834 Eligibility; duration {#sec-r-390.834 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.834}

Rule 4. A student is not eligible for a grant for more than 10 semesters of undergraduate education or its equivalent; more than 6 semesters of graduate education or its equivalent; and for more than 8 semesters in dental education or its equivalent in trimesters. An applicant shall reapply yearly for renewal of this grant.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.835 Eligibility; financial resources of students and parents {#sec-r-390.835 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.835}

Rule 5. An applicant is eligible for a tuition grant award if the applicant's financial resources, including the cash or equivalent resources of the applicant's parents that are available for the applicant's higher education, as computed in accordance with the criteria utilized in the state competitive scholarship program authorized by Act No. 208 of the Public Acts of 1964, as amended, being S390.971 et seq. of the Michigan Compiled Laws, shows a monetary need for a tuition grant.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.836 Rescinded {#sec-r-390.836 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.836}

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.837 Rescinded {#sec-r-390.837 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.837}

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.838 Other awards {#sec-r-390.838 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.838}

Rule 8. (1) A student receiving a state competitive scholarship as authorized by Act No. 208 of the Public Acts of 1964, as amended, being S390.971 et seq. of the Michigan Compiled Laws, is not eligible to receive a tuition grant concurrently. However, the state competitive scholarship award of a student enrolled in an eligible tuition grant postsecondary institution may be increased with tuition grant funds up to the maximum tuition grant if the maximum tuition grant award is greater than the maximum Michigan competitive scholarship award.

(2) If a student receives other scholarship awards covering full tuition and fees specifically designated for that purpose, the student is ineligible for a tuition grant.

(3) A student holding a partial tuition award is eligible for a tuition grant not to exceed the difference between the other tuition award and the full cost of tuition.

(4) A tuition grant award is limited to an amount consistent with other awards and financial need as determined by the authority.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.839 Eligibility; acceptance for enrollment at institution required {#sec-r-390.839 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.839}

Rule 9. An applicant is eligible for a tuition grant if the authority determines that the applicant has actually been accepted for enrollment at an independent, nonprofit college or university approved by the state board of education for participation in this program.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.840 Eligibility; full- or part-time status {#sec-r-390.840 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.840}

Rule 10. (1) An applicant is eligible for a tuition grant if enrolled or accepted for enrollment as a full-time student.

(2) An applicant may be eligible for a tuition grant if enrolled or accepted for enrollment as a part-time student for at least half-time but less than full-time credit. The awards shall be determined as follows:

(a) The amount of a part-time tuition grant award shall be determined according to demonstrated financial need, using the tuition and fee charges to be assessed the student recipient, based upon the credit hours of enrollment.

(b) Part-time tuition grant award recipients shall be charged 1 enrollment period of award eligibility each time an award payment is issued.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.841 Eligibility; deadline dates {#sec-r-390.841 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.841}

Rule 11. An applicant is eligible for a tuition grant only if the applicant meets the deadline dates established by the authority. An applicant who submits application materials after the deadline may be considered if funds are available to assist students who submit late materials.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.842 Rescinded {#sec-r-390.842 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.842}

History

History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 390.843 Priority of grants {#sec-r-390.843 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.843}

Rule 13. Grants shall be given first to students having the greatest financial need and then to those with the next greatest financial need, as determined by the authority, until available funds have been exhausted.

History

History: 1979 AC.

Mich. Admin. Code R 390.844 Payment of tuition grants {#sec-r-390.844 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.844}

Rule 14. A tuition grant recipient shall be sent payment for the prorated amount of the award at the start of each enrollment period. The payment shall be sent in care of the financial aid office at the institution in which the recipient is enrolled.

History

History: 1979 AC.

Mich. Admin. Code R 390.845 Failure to enroll {#sec-r-390.845 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.845}

Rule 15. A grant recipient who, after receiving a tuition grant payment, does not enroll in the institution at which the recipient registered shall have the full amount of the tuition grant cancelled.

History

History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 390.846 Transfers {#sec-r-390.846 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.846}

Rule 16. A tuition grant recipient may transfer to another institution at any time.

To remain eligible for a tuition grant, however, the recipient shall enroll at an independent, nonprofit college or university in this state which meets the full requirements of this grant program.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.847 Leave of absence {#sec-r-390.847 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.847}

Rule 17. (1) A tuition grant recipient who ceases to be enrolled at least half-time may request award reinstatement upon return to school as at least a half-time student during the same academic year for which the award was granted. The reinstatement of a tuition grant is dependent upon the availability of funds and the continued eligibility of the recipient.

(2) A grant recipient who relinquishes the tuition grant for any reason and does not return to school for the academic year for which the award was granted shall reapply to receive consideration for future academic years.

History

History: 1979 AC.

Mich. Admin. Code R 390.848 Refunds {#sec-r-390.848 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.848}

Rule 18. A tuition grant recipient shall release grant amounts to the institution in order that the institution may refund any allowable amount directly to the authority if the student withdraws from the institution. A grant recipient who is dismissed or leaves the institution before the completion of a full semester and who is ineligible for a refund need not repay the authority the amount of the tuition grant.

History

History: 1979 AC; 1991 AACS.

Mich. Admin. Code R 390.849 Residual awards {#sec-r-390.849 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.849}

Rule 19. A student who is ineligible for a first semester award or does not apply for a tuition grant for the freshman year may apply for consideration for the second enrollment period or in succeeding years. An application for a second enrollment period residual award shall be filed by the appropriate deadline date established by the authority. A residual award is contingent upon the applicant's meeting all eligibility requirements and the availability of funds at that time.

History

History: 1979 AC.

R 390.901 to R 390.915 Nursing Scholarship Program

Mich. Admin. Code R 390.901 Definitions {#sec-r-390.901 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.901}

DEPARTMENT OF TREASURY

MICHIGAN HIGHER EDUCATION ASSISTANCE AUTHORITY

BUREAU OF STUDENT FINANCIAL ASSISTANCE

NURSING SCHOLARSHIP RULES

(By authority conferred on the Michigan Higher Education Assistance Authority by section 3 of 2002 PA 591, MCL 390.1183.)

Rule 1. (1) As used in these rules:

(a) "Act" means the Michigan nursing scholarship act, 2002 PA 591, MCL 390.1181 to 390.1189.

(b) "Eligible costs" means that term as defined in section 2 of the Michigan nursing scholarship act and includes any other student costs related to attendance as specified by the eligible institution.

(c) "Eligible program" means courses at an eligible institution that are applicable or transferable to a baccalaureate or lower degree or certificate in nursing.

(d) "Part-time employment" means employment that is less than 40 hours per week and averages 10 to 30 hours per week.

(e) "Part-time enrollment" means students enrolled at least half-time as determined on an enrollment count date that is established by each eligible institution.

(f) "Participating school" means an eligible postsecondary institution as defined in section 2 of the act that elects to participate in the scholarship program.

(g) "Satisfactory academic progress" means compliance with the standards of enrollment established by the eligible institution pursuant to the federal higher education act of 1965, as amended, regarding minimal criteria of academic progress needed to maintain eligibility for federal title IV student aid programs.

History

History: 2004 AACS.

Mich. Admin. Code R 390.903 Statutorily defined terms used in the rules {#sec-r-390.903 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.903}

Rule 3. Except as otherwise provided in these rules, a term defined in the act has the same meaning when used in these rules.

History

History: 2004 AACS.

Mich. Admin. Code R 390.905 Responsibilities of participating school {#sec-r-390.905 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.905}

Rule 5. A participating school is responsible for all of the following activities:

(a) Selecting eligible student recipients using institutional criteria in addition to the student eligibility requirements described in section 4 of the act.

(b) Awarding scholarships to eligible student recipients.

(c) Sending completed student recipient "scholarship agreement and promissory note" forms to the authority by program due date.

(d) Reporting scholarship expenditures and related data to the authority on a timely basis.

(e) Refunding unused scholarship program funds promptly at the end of each fiscal year.

History

History: 2004 AACS.

Mich. Admin. Code R 390.907 Additional scholarship eligibility requirements {#sec-r-390.907 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.907}

Rule 7. The authority, in conjunction with a participating school, may award a scholarship to an individual determined to meet the requirements of section 4 of the act and all of the following requirements:

(a) Is making satisfactory academic progress as determined by the participating school.

(b) Is not in default on a federal student loan, a loan guaranteed by the authority, or a loan offered by the authority. Exceptions may be made if a defaulted borrower has made satisfactory repayment arrangements that result in the individual being eligible to again borrow under the federal title IV student loan programs.

(d) Is not currently incarcerated in a correctional facility on either a full-time or part-time basis.

History

History: 2004 AACS.

Mich. Admin. Code R 390.909 Scholarship awards {#sec-r-390.909 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.909}

Rule 9. (1) A student determined to be eligible for a scholarship who is enrolled fulltime at a participating school shall receive either a $4,000 scholarship for 1 academic year, or a scholarship in an amount equal to the student's eligible costs minus any other grants or scholarships the student receives, whichever is less.

(2) A student determined to be eligible for a scholarship who is enrolled 3/4 time in a participating school shall receive either a $3,000 scholarship for 1 academic year, or a scholarship in an amount equal to the student's eligible costs minus any other grants or scholarships the student receives, whichever is less.

(3) A student determined to be eligible for a scholarship who is enrolled 1/2 time in a participating school shall receive either a $2,000 scholarship for 1 academic year, or a scholarship in an amount equal to the student's eligible costs minus any other grants or scholarships the student receives, whichever is less.

History

History: 2004 AACS.

Mich. Admin. Code R 390.913 Interest rate for scholarship repayment {#sec-r-390.913 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.913}

Rule 13. If a scholarship recipient is determined to be in noncompliance with the program agreement and required to repay the scholarship award received, the interest rate charged by the authority shall be a fixed rate of 4%.

History

History: 2004 AACS.

Mich. Admin. Code R 390.915 Repayment deferral {#sec-r-390.915 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.915}

Rule 15. (1) In addition to the reasons described in section 7(4) of the Act, a scholarship recipient's repayment obligation is deferred during any period in which the recipient is doing any of the following:

(a) Pursuing a course of study related to the field of nursing at an eligible institution on at least a half-time status and is employed on a part-time basis.

(b) Enrolled at least half-time status in a degree program and is employed on a parttime basis.

(d) Unable to work or unable to work full-time and/or is experiencing economic hardship due to the care of a disabled spouse for a period not to exceed 3 years.

(e) In a circumstance that warrants the granting of a period of deferment as determined by the authority.

(2) A scholarship recipient is not in violation of the agreement entered into pursuant to section 7 of the act during any period described in subrule (1) of this rule.

History

History: 2004 AACS.

R 390.1501 to R 390.1512 Legislative Merit Award Program

Mich. Admin. Code R 390.1501 Definitions {#sec-r-390.1501 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1501}

DEPARTMENT OF TREASURY

HIGHER EDUCATION ASSISTANCE AUTHORITY

LEGISLATIVE MERIT AWARD PROGRAM

(By authority conferred on the higher education assistance authority by section 7 of Act No. 228 of the Public Acts of 1976, as amended, being S390.1307 of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(a) "Authority" means the Michigan higher education assistance authority.

(b) "Award" means a legislative merit award.

(c) "Postsecondary institution" means a postsecondary institution listed in the publication entitled "Basic Educational Opportunity Grant Directory of Eligible Postsecondary Institutions," or an institution otherwise approved by the state board of education.

History

History: 1979 AC.

Mich. Admin. Code R 390.1502 Eligibility {#sec-r-390.1502 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1502}

Rule 2. A person shall be eligible for a scholarship award if the person meets all of the qualifications stated in section 4 of Act No. 228 of the Public Acts of 1976, as amended, being S390.1304 of the Michigan Compiled Laws.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.1503 Consideration of applicant for award {#sec-r-390.1503 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1503}

Rule 3. An applicant shall be considered for an award after taking the scholarship examination designated by the authority, on a date specified by the authority. After authorizing release of test scores to the authority, an applicant shall be considered with all other award applicants who graduate at the end of the applicant's senior academic year. Midyear awards shall not be granted.

History

History: 1979 AC.

Mich. Admin. Code R 390.1504 Effect of applicant's financial resources on eligibility for award {#sec-r-390.1504 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1504}

Rule 4. (1) Financial resources of an applicant, or of an applicant's family, shall not be used to determine award eligibility.

(2) Other financial aid awards received by an applicant shall not effect the applicant's eligibility for a legislative merit award.

History

History: 1979 AC.

Mich. Admin. Code R 390.1505 Certification of postsecondary institution enrollment and recipient's intent {#sec-r-390.1505 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1505}

Rule 5. A recipient shall receive the award when certification, in writing, is received by the authority that enrollment in a named postsecondary institution has been accomplished, and that the recipient's intent is to use the award exclusively for educational expenses at the specified institution.

History

History: 1979 AC.

Mich. Admin. Code R 390.1506 Payment of award {#sec-r-390.1506 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1506}

Rule 6. (1) Award moneys shall be forwarded to the specified postsecondary institution by the authority for disbursement to the award recipient.

(2) Payment of an award shall be made, at the option of the recipient, in a single payment at the time of enrollment in a postsecondary institution or in prorated payments issued to the student or to the postsecondary institution for credit to the student's account during the student's course of study. A payment shall not be less than 25% of the total award granted the recipient and shall not exceed the educational cost for the recipient's enrollment period as determined by the authority.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.1507 Transfer to another postsecondary institution {#sec-r-390.1507 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1507}

Rule 7. An award recipient receiving award moneys in periodic payments of not less than 25% of the total award may elect to transfer to another postsecondary institution, and may use the unused portion of the award at the second institution.

History

History: 1979 AC.

Mich. Admin. Code R 390.1508 Refund of award moneys {#sec-r-390.1508 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1508}

Rule 8. (1) An award recipient leaving a postsecondary institution prior to full utilization of an award shall waive any refund rights. Any unused award moneys, not to exceed payment for the enrollment period, shall be refunded by the institution to the authority. However, a recipient may opt to use any refunded award money during subsequent enrollment periods.

(2) An award recipient who enrolls in, but fails to attend, a postsecondary institution after funds are advanced, is legally bound by the acceptance contract to refund to the authority the full amount of the payment advanced for that enrollment period.

History

History: 1979 AC.

Mich. Admin. Code R 390.1509 Renewal awards {#sec-r-390.1509 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1509}

Rule 9. An award recipient who fails to utilize a full award during the first academic year of enrollment in a postsecondary institution shall indicate intent to enroll the following year by making an award renewal application to the authority. Any renewal award payment for subsequent academic years shall be mailed by the authority to the eligible postsecondary institution pursuant to the award recipient's request.

History

History: 1979 AC.

Mich. Admin. Code R 390.1510 Acceptance contract between award recipient and authority {#sec-r-390.1510 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1510}

Rule 10. An acceptance contract shall be entered into by an eligible award recipient and the authority prior to release of an award. The contract shall specify conditions upon which the award is granted.

History

History: 1979 AC.

Mich. Admin. Code R 390.1511 Amount and number of awards {#sec-r-390.1511 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1511}

Rule 11. Awards of $1,000.00 shall be granted annually by the authority according to the order of descending test scores of applicants. The number of awards to be granted each year shall be determined by the amount of moneys appropriated by the legislature for the program. If inclusion of the lowest eligible score results in more awards than allowable for a particular year, a drawing shall be utilized as a tiebreaker.

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 390.1512 Furnishing roster of award recipients; certification of enrolled award recipients {#sec-r-390.1512 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1512}

Rule 12. The authority shall furnish a roster of eligible award recipients, who have indicated intent to enroll, to each postsecondary institution which has accepted award recipients for enrollment. The postsecondary institutions shall certify to the authority, within 30 days, the names of the eligible award recipients who have enrolled as students.

History

History: 1979 AC.

R 390.1551 to R 390.1571 Michigan Competitive Scholarship Program

Mich. Admin. Code R 390.1551 Definitions {#sec-r-390.1551 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1551}

DEPARTMENT OF TREASURY

HIGHER EDUCATION ASSISTANCE AUTHORITY

COMPETITIVE SCHOLARSHIP PROGRAM

(By authority conferred on the higher education assistance authority by section 3 of Act No. 208 of the Public Acts of 1964, as amended, being S390.973 of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(a) "Academic year" means that period beginning August 1 and ending by June of the following year for colleges with 8 or 9-month calendars or August 1 to July 31 for colleges with 12-month calendars.

(b) "Act" means Act No. 208 of the Public Acts of 1964, as amended, being S390.971 et seq. of the Michigan Compiled Laws.

(d) "Award" means a competitive scholarship award.

(e) "Class A high school," "class B high school," "class C high school," or "class D high school" means a high school with enrollment classifications designated by the Michigan high school athletic association.

(f) "Default" means failure to comply with the terms of a loan guaranteed by the authority so that the authority finds it necessary to reimburse the original lending institution for the balance of the loan.

(g) "Full-time" means a student who is enrolled for 12 or more semester credit hours or equivalent in trimester or quarter hours or the equivalent of 24 semester hours or 36 quarter hours per academic year for institutions using credit hours to measure progress, but not using semester, trimester, or quarter hours.

(h) "Part-time" means a student who is enrolled for not less than 6, but not more than 11, semester credit hours, trimester hours, or equivalent in quarter hours or at least 1/2 the credit defined as full-time in subdivision (g) of this rule.

(i) "Parent" means the mother, father, mother and father, or adoptive parents.

(j) "Postsecondary institution" means either a Michigan postsecondary institution listed in the federal publication entitled "Postsecondary Institutions Eligible For The Pell Grants Program" or a Michigan postsecondary institution eligible to be listed in the publication entitled "Directory of Institutions of Higher Education," published by the Michigan department of education.

(k) "Renewal applicant" means an applicant for an award who received such an award for any enrollment period during the previous academic year.

(l) "Residual applicant" means an applicant who, for any reason, failed to receive monetary award assistance through this program during the previous academic year.

History

History: 1980 AACS; 1985 AACS; 1991 AACS.

Mich. Admin. Code R 390.1552 Administration of program {#sec-r-390.1552 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1552}

Rule 2. The authority shall administer competitive scholarships to eligible students registered as undergraduate or graduate students.

History

History: 1980 AACS; 1991 AACS.

Mich. Admin. Code R 390.1553 Applicant qualification; examination {#sec-r-390.1553 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1553}

Rule 3. (1) An applicant is eligible for an undergraduate scholarship if he or she qualified on the Michigan competitive scholarship examination. The examination shall be administered on dates designated by the authority.

(2) The qualifying examination score shall be established annually by the authority.

History

History: 1980 AACS; 1985 AACS; 1991 AACS.

Mich. Admin. Code R 390.1554 Eligibility {#sec-r-390.1554 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1554}

Rule 4. (1) An undergraduate applicant is eligible for an award when the authority finds that the applicant meets the requirements of sections 4 and 7 of the act and meets all of the following requirements:

(b) Has graduated from a high school or meets 1 of the following requirements:

(i) Is a student in good standing in a high school and will graduate at the end of the academic year.

(ii) Is a high school student who completes all high school requirements before the student's class is scheduled to graduate and is recommended by the high school.

(iii) Is a high school dropout who does not have a high school diploma, whose class has graduated, and who is recommended by the college.

(iv) Is a high school dropout who does not yet have a high school diploma, whose class has not graduated, and who is recommended by the high school last attended.

(c) Has not defaulted on a loan guaranteed by the authority. Exceptions may be made if a defaulted borrower has made satisfactory repayment arrangements on the defaulted amount of the loan as determined by the authority.

(2) A graduate student is eligible for an award if the requirements in subrule (1)(a) and (c) are met.

History

History: 1980 AACS; 1985 AACS; 1991 AACS.

Mich. Admin. Code R 390.1555 Honorary scholarship certificate {#sec-r-390.1555 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1555}

Rule 5. An undergraduate applicant is eligible for an honorary scholarship certificate if the applicant qualified on the designated competitive scholarship examination administered on dates designated by the authority.

History

History: 1980 AACS; 1991 AACS.

Mich. Admin. Code R 390.1556 Monetary scholarship award; eligibility {#sec-r-390.1556 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1556}

Rule 6. An applicant is eligible for a monetary scholarship award when a qualifying applicant's financial resources show a monetary need for such a scholarship as determined by the authority.

History

History: 1980 AACS; 1985 AACS.

Mich. Admin. Code R 390.1557 College enrollment {#sec-r-390.1557 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1557}

Rule 7. An applicant is eligible for an award when the authority determines that the applicant has actually been accepted for enrollment at a Michigan college or university as approved by the department of education.

History

History: 1980 AACS; 1991 AACS.

Mich. Admin. Code R 390.1558 Full- or part-time status {#sec-r-390.1558 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1558}

Rule 8. (1) An applicant is eligible for a scholarship if the applicant is enrolled or accepted for enrollment as a full-time student.

(2) An applicant may be eligible for a competitive scholarship if enrolled or accepted for enrollment as a part-time student for at least half-time, but less than fulltime, credit.

History

History: 1980 AACS; 1985 AACS; 1991 AACS.

Mich. Admin. Code R 390.1559 Application deadline date {#sec-r-390.1559 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1559}

Rule 9. An applicant is guaranteed scholarship consideration only if the applicant meets the deadline date established by the authority. An applicant who submits application materials after the deadline date may be considered if funds are available to assist students who submit late materials.

History

History: 1980 AACS; 1985 AACS.

Mich. Admin. Code R 390.1560 Distribution of awards {#sec-r-390.1560 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1560}

Rule 10. (1) Scholarship awards to high school seniors shall be distributed first by legislative district, which shall include not less than 3 awards for each of the representative and senatorial districts, if students qualify.

(2) Four scholarships shall be allotted to each class A high school, 3 to each class B high school, 2 to each class C high school, and 1 to each class D high school.

Scholarships allotted to a high school shall be awarded to those students who have the highest competitive scholarship examination score and otherwise meet all eligibility requirements.

(3) The remaining scholarships shall be awarded statewide on a competitive basis in descending test score order.

History

History: 1980 AACS; 1991 AACS.

Mich. Admin. Code R 390.1561 Tuition and fees {#sec-r-390.1561 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1561}

Rule 11. Scholarship awards are to be used to defray the costs of tuition and fees. Tuition and fee charges are defined as those charges required of all students who enroll at an institution and which have been promulgated in the catalog of the institution, and which are certified by the institution prior to the scholarship recipient's enrollment. A deadline date is set each year by the authority for receiving increases in tuition and fee charges.

History

History: 1980 AACS.

Mich. Admin. Code R 390.1562 Payment of scholarship awards {#sec-r-390.1562 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1562}

Rule 12. A scholarship recipient shall receive the award from the authority after certifying the name of the postsecondary institution in which the recipient is enrolled.

Payment of scholarship awards shall be prorated and shall be forwarded to the postsecondary institution in which the recipient is enrolled. Payment shall be issued only after the postsecondary institution has certified that the student is still in good standing.

History

History: 1980 AACS; 1985 AACS; 1991 AACS.

Mich. Admin. Code R 390.1563 Rescinded {#sec-r-390.1563 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1563}

History

History: 1980 AACS; 1991 AACS.

Mich. Admin. Code R 390.1563a Institutional eligibility {#sec-r-390.1563a omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1563a}

Rule 13a. (1) The eligibility of a degree-granting institution for listing in "The Directory of Institutions of Higher Education," published by the Michigan department of education, is required to be eligible for participation in the state competitive scholarship program.

(2) Michigan nonprofit, non-degree-granting postsecondary institutions shall be listed in the federal publication "Postsecondary Institutions Eligible For The Pell Grants Program" to be eligible for participation in the state competitive scholarship program. Additionally, such institutions shall be approved by the state board of education or the appropriate state of Michigan licensing agency, if applicable.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1564 Transfer of recipient to another eligible institution {#sec-r-390.1564 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1564}

Rule 14. A scholarship recipient who decides to transfer to an eligible institution other than the one identified at the time of application may do so at any time. Changes in college plans which require receiving a larger state scholarship shall be honored to the extent that funds are available. A scholarship award shall be decreased in amount if necessitated by a reduced budget or reduced tuition and fee charges of the applicant's revised institutional choice.

History

History: 1980 AACS.

Mich. Admin. Code R 390.1565 Release of award amounts to institution; dismissal or withdrawal of recipient from institution {#sec-r-390.1565 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1565}

Rule 15. (1) A scholarship recipient shall release scholarship award amounts to the institution in order that the institution concerned may refund any allowable amount directly to the authority if the student withdraws from college.

(2) A scholarship recipient who is dismissed or leaves a postsecondary institution before completion of a full enrollment period and who is not eligible for a postsecondary institution refund does not have to repay to the authority the amount of the scholarship award which was issued for that enrollment period.

History

History: 1980 AACS; 1985 AACS; 1991 AACS.

Mich. Admin. Code R 390.1566 Failure of recipient to enroll; refund {#sec-r-390.1566 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1566}

Rule 16. A scholarship recipient who does not enroll in a postsecondary institution after receiving an award will have the full amount of the award cancelled.

History

History: 1980 AACS; 1985 AACS; 1991 AACS.

Mich. Admin. Code R 390.1567 Reinstatement and relinquishment of awards {#sec-r-390.1567 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1567}

Rule 17. (1) A scholarship recipient who ceases to be enrolled at least half-time may request an award reinstatement upon returning to school during the same academic year for which the award was granted. The scholarship reinstatement is dependent upon the availability of funds and the continuing eligibility of the recipient.

(2) A scholarship recipient who relinquishes the award for any reason and does not return to school during the academic year for which the award was granted shall reapply to receive consideration for future academic years.

History

History: 1980 AACS; 1991 AACS.

Mich. Admin. Code R 390.1568 Renewal awards {#sec-r-390.1568 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1568}

Rule 18. Upon application by the student awarded a scholarship during the previous academic year, a scholarship shall be renewed by the authority without further examination if the applicant remains eligible and is in compliance with these rules. To be eligible for a renewal award, an applicant shall maintain a 2.0 cumulative average, which is equivalent to a cumulative C average, and maintain satisfactory academic progress. Each applicant shall submit the application materials which are required by the authority.

History

History: 1980 AACS; 1985 AACS; 1991 AACS.

Mich. Admin. Code R 390.1569 Residual awards {#sec-r-390.1569 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1569}

Rule 19. A qualified student who failed to receive an award the previous academic year may be eligible for a scholarship award during any year if funds are available after renewal awards have been granted.

History

History: 1980 AACS; 1991 AACS.

Mich. Admin. Code R 390.1570 Amount of renewal awards {#sec-r-390.1570 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1570}

Rule 20. A scholarship recipient who is eligible for a renewal scholarship may receive an amount that is more or less than the amount received during the previous year depending upon financial need, but the amount shall not be more than the maximum award for that academic year. In addition, the renewal scholarship recipient shall not receive less than the amount received during the previous year, unless the family financial circumstances or the applicant's financial circumstances have appreciably changed, according to a financial statement approved by the authority, or if the student transfers to a less expensive eligible postsecondary institution.

History

History: 1980 AACS; 1985 AACS; 1991 AACS.

Mich. Admin. Code R 390.1571 Recipient rosters; institution reports {#sec-r-390.1571 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1571}

Rule 21. (1) Each postsecondary institution which has accepted scholarship recipients for enrollment shall be furnished a roster of recipients who indicated their intent to enroll at that institution. The institution shall certify that the scholarship recipient has actually enrolled at least half-time before disbursing the enrollment period payment. A duplicate copy of the roster shall be forwarded with the original and shall be used by the institution to indicate whether a scholarship recipient enrolled at least half-time. A copy of the completed roster shall be returned to the authority.

(2) Near the end of the academic year, each institution accepting scholarship recipients shall receive a roster mailed by the authority. The institution shall certify eligibility of renewal candidates and shall identify students who have achieved less than a 2.0 cumulative academic average and students who have not maintained satisfactory academic progress. Any recipient who has a cumulative academic average less than a 2.0 or who does not maintain satisfactory academic progress, as reported by the institution of latest attendance, is not eligible for a renewal award, but may become eligible as a residual applicant upon certification by the institution that the student has achieved a cumulative 2.0 average and is meeting the satisfactory academic progress requirement.

History

History: 1980 AACS; 1985 AACS; 1991 AACS.

R 390.1651 to R 390.1663 Differential Grant Program

Mich. Admin. Code R 390.1651 Definitions {#sec-r-390.1651 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1651}

DEPARTMENT OF TREASURY

HIGHER EDUCATION ASSISTANCE AUTHORITY

DIFFERENTIAL GRANT PROGRAM

(By authority conferred on the higher education assistance authority by section 7a of Act No. 105 of the Public Acts of 1978, as amended, being S390.1277a of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Academic period" means an average of 600 or more instructional minutes per credit hour on a quarter schedule and 800 or more instructional minutes per credit hour on a semester schedule or as otherwise prescribed by the legislature.

(b) "Academic year" means 2 semesters or 3 terms or quarters beginning after August 1 each year.

(c) "Act" means Act No. 105 of the Public Acts of 1978, as amended, being S390.1271 et seq. of the Michigan Compiled Laws.

(d) "Award" means a differential grant.

(e) "Default" means failure to comply with the terms of a loan guaranteed by the authority so that the authority finds it necessary to reimburse the original lending institution for the balance of the loan.

(f) "Full-time" means a student enrolled for 12 or more semester credit hours or equivalent in trimester or quarter hours or the equivalent of 24 semester hours or 36 quarter hours per academic year for institutions using credit hours to measure progress, but not using semester, trimester, or quarter hours.

(g) "Independent nonprofit college or university" means a Michigan degreegranting independent college or university listed in the "Directory of Michigan Institutions of Higher Education," published by the Michigan department of education.

(i) "Refugee" means a person who holds an I-94 immigration identification card with the word "refugee" either typed or stamped on it.

(j) "Tuition and fees" means that amount established by the higher education assistance authority for use in determining awards under Act No. 208 of the Public Acts of 1964, as amended, and Act No. 313 of the Public Acts of 1966, as amended, being S390.971 et seq. and S390.991 et seq. of the Michigan Compiled Laws.

(2) Terms defined in the act have the same meanings when used in these rules.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1652 Instructional programs and credits; eligibility {#sec-r-390.1652 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1652}

Rule 2. (1) To be eligible, a student shall be enrolled in an associate degree program or a baccalaureate degree program.

(2) Credits applicable to a high school diploma or general education development certificate shall not be considered when determining student grant eligibility.

(3) Credits by examination and life experience credits shall not be considered when determining student grant eligibility.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1653 College enrollment required for eligibility; additional assistance {#sec-r-390.1653 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1653}

Rule 3. (1) To be eligible for an award, a student shall enroll as a freshman, sophomore, junior, or senior after July 31, 1981.

(2) A student who has received a baccalaureate degree may be eligible for additional assistance if the total assistance received does not exceed the longevity limit specified in R 390.1654 and if the student meets all eligibility requirements.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1654 Eligibility; duration {#sec-r-390.1654 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1654}

Rule 4. A student is not eligible for a grant for more than 10 semesters of full-time undergraduate education or its equivalent. An applicant shall reapply yearly for renewal of this grant.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1655 Institutional certification requirements {#sec-r-390.1655 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1655}

Rule 5. An institution shall certify the eligibility of each grant applicant enrolled at the institution. Provisions for certification shall be as follows:

(a) Each applicant shall be enrolled as an undergraduate.

(b) Student enrollment status shall be determined at the time of the enrollment count date. The enrollment count date is 1/10 of the total number of class days in the academic period, plus or minus 5 class days, excluding Saturday or Sunday.

(c) Each enrollment period the institution shall certify that each applicant is enrolled in an eligible program of study.

(d) Each enrollment period the institution shall certify, consistent with institutional records, that each applicant has been a Michigan resident for the preceding 12 months and has not claimed residency in any other state during that time. A student who is a Michigan resident, but who is not a United States citizen, shall be a holder of the I-151 or I-551 immigration identification card signifying permanent residency in the United States. A refugee who meets the state residency requirement specified in this subdivision may be eligible for award consideration.

(e) A student who has failed to sign and file an application/contract with the institution shall not be reported as an eligible student.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1656 Amount of award {#sec-r-390.1656 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1656}

Rule 6. (1) An award for a full-time recipient shall be the amount established by the legislature annually.

(2) An award for a part-time recipient shall be the amount established by the legislature annually.

(3) An award to an undergraduate student who attends an institution both full-time and part-time for separate enrollment periods during the same academic year shall be prorated.

(4) In the event the annual appropriation proves insufficient to award all eligible students at the maximum established by the legislature, the authority shall prorate awards based upon available funding.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1657 Payment of awards {#sec-r-390.1657 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1657}

Rule 7. Award payments shall be sent to each institution each enrollment period on behalf of the recipients for that enrollment period. Payment shall be made after the required certification is forwarded by the institution to the authority.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1658 Other awards {#sec-r-390.1658 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1658}

Rule 8. (1) If a student receives other tuition awards or tuition waivers covering full tuition and fees that are specifically designated for that purpose, the student is ineligible for a differential grant.

(2) A student holding a partial tuition award or tuition waiver is eligible for an award under the act in an amount that does not exceed the difference between the other tuition award and the actual cost of tuition and fees.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1659 Refunds; institution reimbursement of state for overpayment {#sec-r-390.1659 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1659}

Rule 9. (1) If a student withdraws from an institution during the institutionally established refund period after receiving an award payment, a refund is due the authority. The amount shall be based upon the percentage of established tuition and fees paid by the award.

(2) Participating institutions shall be held liable for any state overpayment due to incorrect college certification of a student and shall fully reimburse the state for any overpayment.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1660 Loan default; basis for grant denial; exception {#sec-r-390.1660 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1660}

Rule 10. A grant shall be denied if an applicant has defaulted on a loan guaranteed by the authority. Exception may be made if a defaulted borrower has made satisfactory repayment arrangements on the defaulted amount of the loan as determined by the authority.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1661 Award eligibility {#sec-r-390.1661 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1661}

Rule 11. To receive an award, an applicant shall comply with the provisions of the act and these rules.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1662 Application/acceptance contracts {#sec-r-390.1662 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1662}

Rule 12. An award recipient shall complete an application/acceptance contract before receipt of the award. The contract between the award recipient and the authority shall specify the conditions upon which the award is granted.

History

History: 1985 AACS.

Mich. Admin. Code R 390.1663 Transfers {#sec-r-390.1663 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1663}

Rule 13. An award recipient may transfer to another institution at any time. To remain eligible for an award, the recipient shall enroll at an eligible institution and meet the requirements for an award.

History

History: 1985 AACS.

R 390.1701 to R 390.1709 Michigan Work-Study Undergraduate Program

Mich. Admin. Code R 390.1701 Definitions {#sec-r-390.1701 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1701}

DEPARTMENT OF TREASURY

HIGHER EDUCATION ASSISTANCE AUTHORITY

MICHIGAN WORK-STUDY UNDERGRADUATE PROGRAM

(By authority conferred on the Michigan higher education assistance authority by section 12 of Act No. 288 of the Public Acts of 1986, being S390.1382 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 288 of the Public Acts of 1986, being S390.1371 et seq. of the Michigan Compiled Laws.

(b) "Application" means the period of time covered by the MWS award at a recognized postsecondary school.

(c) "Authority" means the Michigan higher education assistance authority created by Act No. 77 of the Public Acts of 1960, as amended, being S390.951 et seq. of the Michigan Compiled Laws.

(d) "Campus-based aid" means the federal financial aid programs administered by the financial aid officer at a participating postsecondary school. These programs shall include supplemental educational opportunity grants, college work-study, and Perkins loans.

(e) "CWS" means the college work-study program established under the federal higher education act.

(f) "Default" means failure to comply with the terms of a loan guaranteed by the authority so that the authority finds it necessary to reimburse the lending institution for the balance of the loan.

(g) "Educational expenses" means student costs related to attendance as specified by the recognized postsecondary school. These expenses may include tuition and fees charged to the student and a reasonable allowance for room and board, transportation, books and equipment, and incidental expenses.

(h) "Financial need" means the positive difference found by the recognized postsecondary school between the applicant's educational expenses and any reasonable family unit contribution identified consistent with current need analysis review procedures approved for use with campus-based title IV federal student aid programs as provided for under the federal higher education act. Other sources of student aid to be received by the applicant for the award period in question shall be included by the recognized postsecondary school in the computation of financial need.

(i) "Full-time study" means enrollment for 12 or more semester credit hours or its equivalent in trimester or quarter hours or the equivalent of 24 semester hours or 36 quarter hours per academic year for institutions using credit hours to measure progress, but not using semester, trimester, or quarter hours. Full-time study during the summer session following the regular academic year means enrollment for the number of credit hours defined as full-time by the recognized postsecondary school. Enrollment status shall be determined as of a uniform date established each enrollment period by the recognized postsecondary school for all MWS recipients.

(j) "Half-time study" means enrollment for not less than 6, but not more than 11, semester credit hours or term/quarter equivalent per enrollment period or for not less than half of the credit hours defined as full-time in subdivision (i) of this subrule.

Enrollment status shall be determined as of a uniform date established each enrollment period by the recognized postsecondary school for all MWS recipients.

(k) "Higher education act" means title IV of the federal higher education act of 1965, as amended, 20 U.S.C. S1070 et seq.

(l) "Incarcerated" means currently interned in a correctional facility on either a fulltime or a part-time basis.

(m) "Independent or self-supporting status" means current federal requirements, as defined in 34 C.F.R. S668.1a, as amended, have been met concerning conditions under which parental resources can be disregarded in the computation of a student's eligibility for financial aid.

(n) "MWS" means the Michigan work-study program as established by the act.

(o) "Parental unit" means the natural parents, adoptive parents, legal guardians, stepparents or other individuals required by the recognized postsecondary school to complete the financial application for title IV campus-based federal student aid for a dependent student.

(p) "Part-time employment" means working less than 40 hours per week.

(q) "Pell grants" means the federal pell grant program established under the federal higher education act.

(r) "Perkins loans" means the Perkins loan program established under the federal higher education act.

(s) "Permanent resident" means an applicant who is classified as a permanent resident by the United States immigration and naturalization service for the MWS program award period in question.

(t) "Recognized postsecondary school" means a public or nonpublic degreegranting college or university located within the state of Michigan that meets all of the following criteria:

(i) Is approved by the Michigan state board of education and is eligible to be listed in the Michigan department of education's publication entitled "Directory of Michigan Institutions of Higher Education."

(ii) Is currently participating in the federal college work-study program as authorized by the federal higher education act.

(iii) Offers academic programs that are not comprised solely of sectarian instruction or religious worship.

(u) "Resident" means either of the following:

(i) For a dependent student who does not meet current federal guidelines for independent or self-supporting status as provided for under the federal higher education act, it means that the student's home address formally recognized by the school as the basis for residency documentation has been in Michigan for a minimum of 12 months immediately preceding the postsecondary school's MWS award period and that the school does not consider the student a resident of any other state.

(ii) For an independent student who does meet current federal guidelines for independent or self-supporting status as provided for under the federal higher education act, it means that the student involved has resided in Michigan continuously for a minimum of 12 months immediately preceding the recognized postsecondary school's MWS award period and that the student involved is not considered a resident of any other state.

(v) "Satisfactory academic progress" means compliance with standards established by the recognized postsecondary school of enrollment pursuant to the federal higher education act regarding minimal criteria of academic progress needed to maintain eligibility for the federal campus-based student aid programs.

(w) "Sectarian instruction or religious worship" means a program of study leading to a degree in theology or divinity.

(x) "Student aid" means scholarship, grant, loan, or employment aid that the applicant might receive from any source other than the MWS program.

(y) "Undergraduate program of study" means courses that are applicable or transferrable to a baccalaureate or lower degree or certificate. A program shall be not less than 9 months in length.

(2) Terms defined in the act have the same meanings when used in these rules.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1702 Program administration; activities {#sec-r-390.1702 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1702}

Rule 2. The authority shall administer the MWS program in conjunction with recognized postsecondary schools. Participating schools shall be responsible for all of the following activities:

(a) Signing and maintaining MWS employer agreements.

(b) Selecting eligible student recipients.

(d) Monitoring employment hours and MWS program matching requirements and payroll distribution.

(e) Reporting MWS expenditures and related data to the authority on a timely basis.

(f) Refunding unused MWS funds to the authority promptly at the end of each fiscal year.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1703 Eligible schools {#sec-r-390.1703 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1703}

Rule 3. (1) Recognized postsecondary schools shall be eligible to receive MWS funds and make student awards under the MWS program.

(2) Eligible postsecondary schools shall notify the authority not later than February 1 preceding the fiscal year of funding if they choose not to participate in the MWS program.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1704 Eligible students {#sec-r-390.1704 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1704}

Rule 4. Recognized postsecondary schools participating in the MWS program may make awards to students who meet all of the following criteria:

(a) Are Michigan residents and not considered residents of any other state.

(b) Are not currently incarcerated in a correctional facility.

(d) Are enrolled, or accepted for enrollment, in an undergraduate program of study.

(e) Are not enrolled in a program of study which leads to a degree in theology or divinity.

(f) Are determined by the recognized postsecondary school to financially need the MWS awards to help meet educational expenses.

(g) Are United States citizens or permanent residents.

(h) Are not in default on a loan guaranteed by the authority. Exceptions may be made if a defaulted borrower has made satisfactory repayment arrangements on the defaulted amount of the loan as determined by the authority.

(i) Are making satisfactory academic progress as determined by the recognized postsecondary school of enrollment.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1705 Eligible employers {#sec-r-390.1705 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1705}

Rule 5. (1) Recognized postsecondary schools may enter into written MWS employment agreements with nonprofit employers who meet all of the following criteria:

(a) Provide not less than 20% of the wages earned by each MWS student placed.

(b) Do not use MWS recipients to displace employed workers.

(c) Do not employ MWS recipients to construct, operate, or maintain facilities of sectarian instruction or religious worship.

(d) Do not employ MWS recipients in activities espousing a particular political or moral position as defined by the recognized postsecondary school.

(e) Do not pay MWS recipients at a rate less than the prevailing federal minimum wage.

(f) Enter into a signed written agreement with the recognized postsecondary school to provide such employment for students recommended by the school.

(g) Recognized postsecondary schools employing MWS students on campus will be considered nonprofit employers for purposes of these rules.

(2) Recognized postsecondary schools may enter into written MWS employment agreements with profit-making employers who meet all of the following criteria:

(a) Provide not less than 50% of the wages earned by each MWS student placed.

(b) Do not use MWS recipients to displace employed workers.

(c) Do not employ MWS recipients to construct, operate, or maintain facilities of sectarian instruction or religious worship.

(d) Do not employ MWS recipients at a rate less than the prevailing federal minimum wage.

(e) Provide employment which the school and the employer certify as directly related to the student's academic field of study.

(f) Enter into a signed written agreement with the recognized postsecondary school to provide such employment for students recommended by the school.

(3) The written employment agreement shall specify whether the employing organization or the recognized postsecondary school is considered the student's employer and which entity is responsible for any fringe benefit payments and the employer's share of any welfare or insurance programs associated with MWS employment. State MWS funds shall not be used to pay for any of the following:

(a) The employer's share of social security, workman's compensation, unemployment insurance, retirement, or any other welfare or insurance that the employer pays on behalf of the student employee.

(b) Fringe benefits, such as paid sick days, paid vacations, or paid holidays.

(4) The employment agreement shall further specify whether the recognized postsecondary school or the employer shall be responsible for actually paying the student and the frequency of payment.

(5) In other areas not specified in the act or these rules or by the authority, the employment agreement format and content shall follow prevailing federal college work-study practices.

(6) All such written employment agreements shall be maintained by the recognized postsecondary school for audit purposes.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1706 MWS award computation {#sec-r-390.1706 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1706}

Rule 6. (1) Recognized postsecondary schools participating in the MWS program shall make awards to eligible students consistent with all of the following provisions:

(a) The MWS funds awarded, in combination with other student aid received, shall not exceed the amount of financial need as determined by the school. The MWS award itself shall not exceed any ceiling stipulated by the authority.

(b) MWS award priority shall be given to eligible students with the greatest financial need as determined by the school.

(c) MWS funds shall not be paid to any eligible student for more than a total of 10 semesters or 15 terms of full-time study at any particular recognized postsecondary school participating in the program. To monitor the amount of cumulative MWS assistance provided, participating schools shall charge recipients with a semester or term count for each enrollment period in which MWS funds are paid according to the following schedule:

(i) Full-time enrollment at a semester school equals a 1.5 count per enrollment period.

(ii) Full-time enrollment at a term school equals a 1.0 count per enrollment period.

(iii) Half-time enrollment or more than half-time enrollment but less than full-time enrollment at a semester or term school equals a 0.5 count per enrollment period. A cumulative semester or term payment count of 15 or higher at any school shall eliminate the student from the MWS program at that institution. Each recognized postsecondary school participating in the MWS program shall maintain and monitor cumulative institutional records regarding individual student participation.

(d) Unearned MWS funds may be reawarded within the fiscal year by the school to other eligible students.

(e) Continued MWS program eligibility shall be a function of the financial need demonstrated and the MWS funds available at each participating postsecondary school if a recipient transfers from one institution to another.

(f) All MWS funds provided by the authority shall be used for student wages within the state fiscal year for which the funds were appropriated. This language shall not prevent a school from making awards and initiating employment consistent with an academic year cycle which would begin on or after August 1.

(g) All funds awarded to students shall carry the MWS title in communications made to student recipients by the schools involved.

(2) Nothing in these rules shall preclude the campus financial aid administrator from exercising professional judgment and disregarding all or a portion of assets when deemed appropriate by the financial aid administrator in determining eligibility.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1707 MWS campus allocations {#sec-r-390.1707 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1707}

Rule 7. (1) The authority shall distribute MWS funds to recognized postsecondary schools participating in the program according to the provisions of the act.

(2) Postsecondary schools participating in the MWS program shall provide to the authority, by the stated deadline, the data necessary to implement the campus allocation formula.

(3) Postsecondary schools participating in the MWS program shall maintain a separate restricted account for funds and transactions pertaining to the program.

(4) A minimal MWS annual payment of $5,000.00 shall be made to all eligible postsecondary schools participating in the MWS program.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1708 Annual report {#sec-r-390.1708 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1708}

Rule 8. Each recognized postsecondary school participating in the MWS program shall provide an annual report in the format specified by the authority. It shall include all of the following information:

(a) The number of students served.

(b) The number of employers utilized.

(d) MWS dollar match by employer category.

(e) Year-end refund of unutilized funds.

(f) Other related data needed by the authority for accounting or audit purposes.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1709 Records; retention {#sec-r-390.1709 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1709}

Rule 9. (1) Recognized postsecondary schools participating in the MWS program shall make all MWS records part of their permanent student financial aid office files.

(2) Records which provide any of the following information shall be maintained:

(a) Student eligibility.

(b) Employer contracts.

(d) Any award adjustments and refund calculations made.

(e) Cumulative awards made to each participant.

(3) All MWS program records shall be made available for audit purposes upon request.

(4) All MWS program records shall be maintained for a minimum of 5 years by each participating institution.

History

History: 1988 AACS.

R 390.1721 to R 390.1728 Michigan Educational Opportunity Grant Program

Mich. Admin. Code R 390.1721 Definitions {#sec-r-390.1721 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1721}

DEPARTMENT OF TREASURY

HIGHER EDUCATION ASSISTANCE AUTHORITY

MICHIGAN EDUCATIONAL OPPORTUNITY GRANT PROGRAM

(By authority conferred on the Michigan higher education assistance authority by section 9 of Act No. 273 of the Public Acts of 1986, being S390.1409 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 273 of the Public Acts of 1986, being S390.1401 et seq. of the Michigan Compiled Laws.

(b) "Application" means the period of time covered by the MEOG award at the school of attendance.

(c) "Authority" means the Michigan higher education assistance authority created by Act No. 77 of the Public Acts of 1960, as amended, being S390.951 et seq. of the Michigan Compiled Laws.

(e) "Default" means failure to comply with the terms of a loan guaranteed by the authority so that the authority finds it necessary to reimburse the lending institution for the balance of the loan.

(f) "Educational expenses" means student costs related to attendance as specified by the participating postsecondary school. These expenses may include tuition and fees charged to the student and a reasonable allowance for room and board, transportation, books and equipment, and incidental expenses.

(g) "Financial need" means the positive difference found by the participating postsecondary school between the applicant's educational expenses and any reasonable family unit contribution identified consistent with current need analysis review procedures approved for use with campus-based title IV federal student aid programs as provided for under the federal higher education act. Other sources of student aid to be received by the applicant for the award period in question shall be included by the school in the computation of financial need.

(h) "Full-time study" means enrollment for 12 or more semester credit hours or its equivalent in trimester or quarter hours or the equivalent of 24 semester hours or 36 quarter hours per academic year for institutions using credit hours to measure progress, but not using semester, trimester, or quarter hours. Full-time study during the summer session following the regular academic year means enrollment for the number of credit hours defined as full-time by the postsecondary school. Enrollment status shall be determined as of a uniform date established each enrollment period by the postsecondary school for all MEOG recipients.

(i) "Half-time study" means enrollment for not less than 6, but not more than 11, semester credit hours or term/quarter equivalent per enrollment period or for not less than half of the credit hours defined as full-time in subdivision (h) of this subrule.

Enrollment status shall be determined as of a uniform date established each enrollment period by the school for all MEOG recipients.

(j) "Higher education act" means title IV of the federal higher education act of 1965, as amended, 20 U.S.C. S1070 et seq.

(k) "Incarcerated" means currently interned in a corrections facility on either a fulltime or a part-time basis.

(l) "Independent or self-supporting status" means current federal requirements, as defined in 34 C.F.R. S668.1a, as amended, have been met concerning conditions under which parental resources can be disregarded in the computation of a student's eligibility for financial aid.

(m) "MEOG" means the Michigan educational opportunity grant program as established by the act.

(n) "Parental unit" means the natural parents, adoptive parents, legal guardians, stepparents, or other individuals required by the postsecondary school to complete the financial application for title IV campus-based federal student aid for a dependent student.

(o) "Pell grants" means the federal pell grant program established under the federal higher education act.

(p) "Perkins loans" means the Perkins loan program established under the federal higher education act.

(q) "Permanent resident" means an applicant who is classified as a permanent resident by the United States immigration and naturalization service for the MEOG program award period in question.

(r) "Resident" means either of the following:

(i) For a dependent student who does not meet current federal guidelines for independent or self-supporting status as provided for under the federal higher education act, it means that the student's home address formally recognized by the school as the basis for residency documentation has been in Michigan for a minimum of 12 months immediately preceding the postsecondary school's MEOG award period and that the school does not consider the student a resident of any other state.

(ii) For an independent student who does meet current federal guidelines for independent or self-supporting status as provided for under the federal higher education act, it means that the student involved has resided in Michigan continuously for a minimum of 12 months immediately preceding the postsecondary school's MEOG award period and that the student involved is not considered a resident of any other state.

(s) "Satisfactory academic progress" means compliance with the standards established by the participating postsecondary school of enrollment pursuant to the federal higher education act regarding minimal criteria of academic progress needed to maintain eligibility for the federal campus-based student aid programs.

(t) "Student aid" means scholarship, grant, loan, or employment aid that the applicant might receive from any source other than the MEOG program.

(u) "Undergraduate program of study" means courses that are applicable or transferrable to a baccalaureate or lower degree or certificate. A program shall be not less than 9 months in length.

(v) "Year" means the full academic year, which is comprised of the academic year that is consistent with the fiscal year for which funds were appropriated plus the immediately following summer session.

(2) Terms defined in the act have the same meanings when used in these rules.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1722 Program administration; activities {#sec-r-390.1722 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1722}

Rule 2. The authority shall administer the MEOG program in conjunction with public degree-granting Michigan colleges. Participating schools shall be responsible for all of the following activities:

(a) Selecting eligible student recipients.

(b) Awarding MEOG funds to eligible student recipients.

(d) Refunding unused MEOG funds promptly at the end of each fiscal year.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1723 Eligible schools {#sec-r-390.1723 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1723}

Rule 3. (1) Degree-granting public postsecondary institutions approved by the Michigan state board of education and eligible for listing in the Michigan department of education's publication entitled "Directory of Michigan Institutions of Higher Education" shall be eligible to participate in the MEOG program.

(2) Eligible postsecondary schools shall notify the authority not later than February 1 preceding the fiscal year of funding if they choose not to participate in the MEOG program.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1724 Eligible students {#sec-r-390.1724 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1724}

Rule 4. Participating postsecondary schools may make MEOG awards to students who meet all of the following criteria:

(a) Are Michigan residents and not considered residents of any other state.

(b) Are not currently incarcerated in a correctional facility.

(d) Are determined by the postsecondary school to have financial need for the awards.

(e) Are United States citizens or permanent residents.

(f) Are not in default on a loan guaranteed by the authority. Exceptions may be made if a defaulted borrower has made satisfactory repayment arrangements on the defaulted amount of the loan as determined by the authority.

(g) Are making satisfactory academic progress as defined by the postsecondary school of enrollment.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1725 MEOG award computation {#sec-r-390.1725 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1725}

Rule 5. (1) Postsecondary schools participating in the MEOG program shall make awards to eligible students consistent with all of the following provisions:

(a) The MEOG funds awarded in combination with other student aid received shall not exceed the amount of financial need as determined by the school. The MEOG award itself shall not exceed $1,000.00 per year.

(b) MEOG award priority shall be given to eligible students with the greatest financial need as determined by the school.

(c) MEOG funds shall not be paid to any eligible student for more than a total of 10 semesters or 15 terms of full-time study at any particular school. To monitor the amount of cumulative MEOG assistance provided, participating schools shall charge recipients with a semester or term count for each enrollment period in which MEOG funds are paid according to the following schedule:

(i) Full-time enrollment at a semester school equals a 1.5 count per enrollment period.

(ii) Full-time enrollment at a term school equals a 1.0 count per enrollment period.

(iii) Half-time enrollment or more than half-time enrollment but less than full-time enrollment at a semester or term school equals a 0.5 count per enrollment period. A cumulative semester or term payment count of 15 or higher at any particular institution shall eliminate the student from the MEOG program at that institution. Each postsecondary school participating in the MEOG program shall maintain and monitor cumulative institutional records regarding individual student participation according to the schedule outlined in this subdivision.

(d) Refund arrangements to the campus program account shall follow the institution's official refund policy. Refunds to the campus MEOG program account shall be made in cases where the student terminates eligibility between terms or semesters of the award period. Final eligibility for payment within an enrollment period shall be a function of the student's status on the enrollment count date established by the school.

(e) Continued MEOG program eligibility shall be a function of the financial need demonstrated and the MEOG funds available at each participating postsecondary school if a recipient transfers from one institution to another.

(f) All MEOG funds provided by the authority shall be used for student awards within the state fiscal year for which the funds were appropriated. This language shall not prevent schools from making MEOG awards consistent with an academic year cycle which would begin on or after August 1.

(g) A grant awarded to a student shall carry the MEOG program title on communications made to the student recipients by the postsecondary school involved.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1726 MEOG campus allocations {#sec-r-390.1726 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1726}

Rule 6. (1) The authority shall distribute MEOG funds to participating postsecondary schools according to the provisions of the act.

(2) Postsecondary schools participating in the MEOG program shall provide to the authority, by the stated deadline, the data necessary to implement the campus allocation formula.

(3) Postsecondary schools participating in the MEOG program shall maintain a separate restricted account for funds and transactions pertaining to the program.

(4) A minimal MEOG annual payment of $1,000.00 shall be made to all eligible postsecondary schools participating in the MEOG program.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1727 Annual report {#sec-r-390.1727 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1727}

Rule 7. Each participating postsecondary school shall provide an annual report in the format specified by the authority. It shall include all of the following information:

(a) The number of students served.

(b) The total payments made.

(d) Other related data needed by the authority for accounting or audit purposes.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1728 Records; retention {#sec-r-390.1728 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1728}

Rule 8. (1) Participating postsecondary schools shall make all MEOG program records part of their permanent student financial aid office files.

(2) Records which provide any of the following information shall be maintained:

(a) Student eligibility.

(b) Any award adjustments and refund calculations made.

(3) All MEOG program records shall be made available for audit purposes upon request.

(4) All MEOG program records shall be maintained for a minimum of 5 years by each participating institution.

History

History: 1988 AACS.

R 390.1751 to R 390.1759 Adult Part-Time Grant Program

Mich. Admin. Code R 390.1751 Definitions {#sec-r-390.1751 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1751}

DEPARTMENT OF TREASURY

HIGHER EDUCATION ASSISTANCE AUTHORITY

ADULT PART-TIME GRANT PROGRAM

(By authority conferred on the Michigan higher education assistance authority by section 8 of Act No. 102 of the Public Acts of 1986, being S390.1288 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 102 of the Public Acts of 1986, being S390.1281 et seq. of the Michigan Compiled Laws.

(b) "APTG" means the adult part-time grant program as established by the act.

(c) "Authority" means the Michigan higher education assistance authority created by Act No. 77 of the Public Acts of 1960, as amended, being S390.951 et seq. of the Michigan Compiled Laws.

(e) "Default" means failure to comply with the terms of a loan guaranteed by the authority so that the authority finds it necessary to reimburse the lending institution for the balance of the loan.

(f) "Degree-granting educational institution" means a public or nonpublic postsecondary college or university located within the state of Michigan which is approved by the Michigan state board of education and is eligible to be listed in the Michigan department of education's publication entitled "Directory of Michigan Institutions of Higher Education."

(g) "Educational expenses" means student costs related to attendance as specified by the participating postsecondary school. These expenses may include tuition and fees charged to the student and a reasonable allowance for room and board, transportation, books and equipment, and incidental expenses.

(h) "Higher education act" means title IV of the federal higher education act of 1965, as amended, 20 U.S.C. S1070 et seq.

(i) "Incarcerated" means currently interned in a correctional facility on either a fulltime or a part-time basis.

(j) "Part-time" means enrollment for between 3 and 11 semester or term hours. This determination shall be made on an enrollment count date that is established by each participating postsecondary school each enrollment period for all students being funded under the APTG program.

(k) "Perkins loans" means the Perkins loan program established under the federal higher education act.

(l) "Permanent resident" means an applicant who is classified as a permanent resident by the United States immigration and naturalization service for the APTG program award period in question.

(m) "Resident" means an independent student who has lived in Michigan continuously for a minimum of 12 months immediately preceding the participating postsecondary school's APTG award period and who is not considered a resident of any other state.

(n) "Satisfactory academic progress" means compliance with the standards established by the participating postsecondary school of enrollment pursuant to the higher education act regarding minimal criteria of academic progress needed to maintain eligibility for the federal campus-based student aid programs.

(o) "Student aid" means any scholarship, grant, loan, or employment aid that an applicant receives from any source other than the APTG program.

(p) "Undergraduate program" means courses that are applicable or transferrable to a baccalaureate or lower degree or certificate. A program shall be not less than 9 months in length.

(2) Terms defined in the act have the same meanings when used in these rules.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1752 Financial need calculation {#sec-r-390.1752 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1752}

Rule 2. Financial need is the positive difference found by the participating postsecondary school between the applicant's educational expenses and any reasonable contribution identified from the resources of the independent student in question and his or her spouse, if married. The analysis used in this process shall be consistent with need calculation procedures approved for use with the campus-based title IV federal student aid programs pursuant to the higher education act with the following exceptions:

(a) Current year income, instead of prior calendar year income, shall be used exclusively in the calculation.

(b) Equity in the principal home of the applicant shall be excluded from the calculation.

(c) Other sources of student aid to be received by the applicant for the award period in question shall be included by the school in the computation of financial need.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1753 Program administration; activities {#sec-r-390.1753 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1753}

Rule 3. The authority shall administer the APTG program in conjunction with participating postsecondary schools. Participating schools shall be responsible for all of the following activities:

(a) Selecting eligible student recipients.

(b) Awarding APTG funds to eligible student recipients.

(d) Refunding unused APTG funds promptly at the end of each fiscal year.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1754 Eligible schools {#sec-r-390.1754 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1754}

Rule 4. (1) Degree-granting educational institutions shall be eligible to receive APTG funds and make student awards under the APTG program.

(2) Eligible postsecondary schools shall notify the authority not later than February 1 preceding the fiscal year of funding if they choose not to participate in the APTG program.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1755 Eligible students {#sec-r-390.1755 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1755}

Rule 5. Participating postsecondary schools may make APTG awards to a student who meets all of the following criteria:

(a) Is a part-time student.

(b) Is an independent student.

(c) Has not been enrolled in a high school diploma program, other than general education development (GED) or adult education, for at least 2 preceding years.

(d) Has enrolled or been accepted for enrollment as an undergraduate.

(e) Is a Michigan resident and is not considered a resident of any other state.

(f) Is not currently incarcerated in a correctional facility.

(g) Demonstrates financial need, taking other aid to be received into consideration.

(h) Is a United States citizen or permanent resident.

(i) Is not enrolled in a program of study leading to a degree in theology or divinity.

(j) Is not in default on a loan guaranteed by the authority. Exceptions may be made if a defaulted borrower has made satisfactory repayment arrangements on the defaulted amount of the loan as determined by the authority.

(k) Is making satisfactory academic progress as determined by the postsecondary school of enrollment.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1756 APTG program grant computation {#sec-r-390.1756 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1756}

Rule 6. Postsecondary schools participating in the APTG program shall make awards to eligible students consistent with all of the following provisions:

(a) APTG program funds awarded in combination with other student financial aid received shall not exceed the amount of financial need as determined by the school. The APTG award itself shall not exceed $600.00 per academic year.

(b) APTG program funds shall not be disbursed to any eligible student for more than a cumulative total of 24 months of enrollment at any participating school.

(d) APTG program awards shall not be counted as income for purposes of determining eligibility for social services assistance administered pursuant to Act No. 280 of the Public Acts of 1939, as amended, being S400.1 et seq. of the Michigan Compiled Laws.

(e) Refund arrangements to the campus APTG program account shall follow the institution's official refund policy. Refunds to the campus APTG program account shall be made in cases where the student terminates eligibility between terms or semesters of the award period. Final eligibility for payment within an enrollment period shall be a function of the student's status on the enrollment count date established by the institution.

(f) Continued APTG program eligibility shall be a function of the financial need demonstrated and the APTG funds available at each participating postsecondary school if a recipient transfers from one institution to another.

(g) All APTG funds provided by the authority shall be used for student awards within the state fiscal year for which the funds were appropriated. This language shall not prevent schools from making APTG awards consistent with an academic year cycle which would begin on or after August 1.

(h) A grant awarded to a student shall carry the APTG program title on communications made to the student recipient by the postsecondary school involved.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1757 APTG program campus allocations {#sec-r-390.1757 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1757}

Rule 7. (1) The authority shall distribute APTG funds to participating postsecondary schools according to the provisions of the act.

(2) Postsecondary schools participating in the APTG program shall provide to the authority, by the stated deadline, the data necessary to implement the campus allocation formula.

(3) Postsecondary schools participating in the APTG program shall maintain a separate restricted account for funds and transactions pertaining to the program.

(4) A minimal APTG annual payment of $600.00 shall be made to eligible postsecondary schools participating in the APTG program.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1758 Annual report {#sec-r-390.1758 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1758}

Rule 8. Each participating postsecondary school shall provide an annual report in the format specified by the authority. It shall include all of the following information:

(a) The number of students served.

(b) The total payments made.

(d) Other related data needed by the authority for accounting or audit purposes.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1759 Records; retention {#sec-r-390.1759 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1759}

Rule 9. (1) Participating postsecondary schools shall make all APTG program records part of their permanent student financial aid office files.

(2) Records which provide any of the following information shall be maintained:

(a) Student eligibility.

(b) Any award adjustments and refund calculations made.

(3) All APTG program records shall be made available for audit purposes upon request.

(4) All APTG program records shall be maintained for a minimum of 5 years by each participating institution.

History

History: 1988 AACS.

R 390.1771 to R 390.1779 Michigan Work-Study Graduate Program

Mich. Admin. Code R 390.1771 Definitions {#sec-r-390.1771 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1771}

DEPARTMENT OF TREASURY

HIGHER EDUCATION ASSISTANCE AUTHORITY

MICHIGAN WORK-STUDY GRADUATE PROGRAM

(By authority conferred on the Michigan higher education assistance authority by section 11 of Act No. 303 of the Public Acts of 1986, being S390.1321 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 303 of the Public Acts of 1986, being S390.1321 et seq. of the Michigan Compiled Laws.

(b) "Application" means the period of time covered by the MWSG award at a postsecondary school.

(c) "Authority" means the Michigan higher education assistance authority created by Act No. 77 of the Public Acts of 1960, as amended, being S390.951 et seq. of the Michigan Compiled Laws.

(e) "CWS" means the college work-study program established under the federal higher education act.

(f) "Default" means failure to comply with the terms of a loan guaranteed by the authority so that the authority finds it necessary to reimburse the lending institution for the balance of the loan.

(g) "Educational expenses" means student costs related to attendance as specified by the postsecondary school. These expenses may include tuition and fees charged to the student and a reasonable allowance for room and board, transportation, books and equipment, and incidental expenses.

(h) "Employment" means working 40 hours or less per week in conjunction with the MWSG program.

(i) "Financial need" means the positive difference found by the postsecondary school between the applicant's educational expenses and any reasonable family unit contribution identified consistent with current need analysis review procedures approved for use with campus-based title IV federal student aid programs as provided for under the federal higher education act. Other sources of student aid to be received by the applicant for the award period in question shall be included by the postsecondary school in the computation of financial need.

(j) "Full-time study" means enrollment for the number of credit hours per enrollment period officially defined as full-time by the postsecondary school. Enrollment status shall be determined as of a uniform date established each enrollment period by the recognized postsecondary school for all MWSG recipients.

(k) "Graduate or professional graduate program of study" means graduate-level courses that lead to a graduate or professional graduate degree.

(l) "Half-time study" means enrollment for not less than half of the credit hours officially defined as full-time by the postsecondary school. Enrollment status shall be determined as of a uniform date established each enrollment period by the postsecondary school for all MWSG recipients.

(m) "Higher education act" means title IV of the federal higher education act of 1965, as amended, 20 U.S.C. S1070 et seq.

(n) "Incarcerated" means currently interned in a correctional facility on either a fulltime or a part-time basis.

(o) "Independent or self-supporting status" means current federal requirements, as defined in 34 C.F.R. S668.1a, as amended, have been met concerning conditions under which parental resources can be disregarded in the computation of a student's eligibility for financial aid.

(p) "MWSG" means the Michigan work-study graduate program as established by the act.

(q) "Perkins loans" means the Perkins loan program established under the federal higher education act.

(r) "Permanent resident" means an applicant who is classified as a permanent resident by the United States immigration and naturalization service for the MWSG program award period in question.

(s) "Postsecondary school" means a public or nonpublic degree-granting college or university located within the state of Michigan that meets all of the following criteria:

(ii) Is currently participating in the federal college work-study program as authorized by the federal higher education act.

(iii) Offers graduate or professional graduate academic programs that are not comprised solely of sectarian instruction or religious worship.

(t) "Resident" means either of the following:

(i) For a dependent student who does not meet current federal guidelines for independent or self-supporting status as provided for under the federal higher education act, it means that the student's home address formally recognized by the school as the basis for residency documentation has been in Michigan for a minimum of 12 months immediately preceding the postsecondary school's MWSG award period and that the school does not consider the student a resident of any other state.

(ii) For an independent student who does meet current federal guidelines for independent or self-supporting status as provided for under the federal higher education act, it means that the student involved has resided in Michigan continuously for a minimum of 12 months immediately preceding the postsecondary school's MWSG award period and that the student involved is not considered a resident of any other state.

(u) "Satisfactory academic progress" means, at a minimum, compliance with standards established by the postsecondary school of enrollment pursuant to the federal higher education act regarding minimal criteria of academic progress needed to maintain eligibility for the federal campus-based student aid programs.

(v) "Sectarian instruction or religious worship" means a program of study leading to a degree in theology or divinity.

(w) "Student aid" means scholarship, grant, loan, or employment aid that the applicant might receive from any source other than the MWSG program.

(2) Terms defined in the act have the same meanings when used in these rules.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1772 Program administration; activities {#sec-r-390.1772 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1772}

Rule 2. The authority shall administer the MWSG program in conjunction with postsecondary schools. Participating schools shall be responsible for all of the following activities:

(a) Signing and maintaining MWSG employer agreements.

(b) Selecting eligible student recipients.

(d) Monitoring employment hours and MWSG program matching requirements and payroll distribution.

(e) Reporting MWSG expenditures and related data to the authority on a timely basis.

(f) Refunding unused MWSG funds to the authority promptly at the end of each fiscal year.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1773 Eligible schools {#sec-r-390.1773 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1773}

Rule 3. (1) Postsecondary schools shall be eligible to receive MWSG funds and make student awards under the MWSG program.

(2) Eligible postsecondary schools shall notify the authority not later than February 1 preceding the fiscal year of funding if they choose not to participate in the MWSG program.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1774 Eligible students {#sec-r-390.1774 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1774}

Rule 4. Postsecondary schools participating in the MWSG program may make awards to students who meet all of the following criteria:

(a) Are Michigan residents and not considered residents of any other state.

(b) Are not currently incarcerated in a correctional facility.

(c) Are enrolled, or accepted for enrollment, in a postsecondary school at the graduate or professional graduate level on at least a half-time basis.

(d) Are not enrolled in a program of study which leads to a degree in theology or divinity.

(e) Are determined by the postsecondary school to financially need the MWSG awards to help meet educational expenses.

(f) Are United States citizens or permanent residents.

(g) Are not in default on a loan guaranteed by the authority. Exceptions may be made if a defaulted borrower has made satisfactory repayment arrangements on the defaulted amount of the loan as determined by the authority.

(h) Are making satisfactory academic progress as determined by the postsecondary school of enrollment.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1775 Eligible employers {#sec-r-390.1775 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1775}

Rule 5. (1) Postsecondary schools may enter into written MWSG employment agreements with nonprofit employers who meet all of the following criteria:

(a) Provide not less than 20% of the wages earned by each MWSG student placed.

(b) Do not use MWSG recipients to displace employed workers.

(c) Do not employ MWSG recipients to construct, operate, or maintain facilities of sectarian instruction or religious worship.

(d) Do not pay MWSG recipients at a rate less than the prevailing federal minimum wage.

(e) Enter into a signed written agreement with the postsecondary school to provide such employment for students recommended by the school.

(f) Postsecondary schools employing MWSG students on campus will be considered nonprofit employers for purposes of these rules.

(2) Postsecondary schools may enter into written MWSG employment agreements with profit-making employers who meet all of the following criteria:

(a) Provide not less than 50% of the wages earned by each MWSG student placed.

(b) Do not use MWSG recipients to displace employed workers.

(c) Do not employ MWSG recipients to construct, operate, or maintain facilities of sectarian instruction or religious worship.

(d) Do not employ MWSG recipients at a rate less than the prevailing federal minimum wage.

(e) Enter into a signed written agreement with the postsecondary school to provide such employment for students recommended by the school.

(3) The written employment agreement shall specify whether the employing organization or the postsecondary school is considered the student's employer and which entity is responsible for any fringe benefit payments and the employer's share of any welfare or insurance programs associated with MWSG employment. State MWSG funds shall not be used to pay for any of the following:

(a) The employer's share of social security, workman's compensation, unemployment insurance, retirement, or any other welfare or insurance that the employer pays on behalf of the student employee.

(b) Fringe benefits, such as paid sick days, paid vacations, or paid holidays.

(4) The employment agreement shall further specify whether the postsecondary school or the employer shall be responsible for actually paying the student and the frequency of payment.

(5) In other areas not specified in the act or these rules or by the authority, the employment agreement format and content shall follow prevailing federal college work-study practices.

(6) All such written employment agreements shall be maintained by the postsecondary school for audit purposes.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1776 MWSG award computation {#sec-r-390.1776 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1776}

Rule 6. (1) Postsecondary schools participating in the MWSG program shall make awards to eligible students consistent with all of the following provisions:

(a) The MWSG funds awarded, in combination with other student aid received, shall not exceed the amount of financial need as determined by the postsecondary school. The MWSG award itself shall not exceed any ceiling stipulated by the authority.

(b) MWSG award priority shall be given to eligible students with the greatest financial need as determined by the postsecondary school.

(c) MWSG funds shall not be paid to any eligible student for more than a total of 8 semesters or 12 terms of full-time study at any particular school and degree level. To monitor the amount of cumulative MWSG assistance provided, participating schools shall charge recipients with a semester or term count for each enrollment period in which MWSG funds are paid according to the following schedule:

(i) Full-time enrollment at a semester school equals a 1.5 count per enrollment period.

(ii) Full-time enrollment at a term school equals a 1.0 count per enrollment period.

(iii) Half-time enrollment or more than half-time enrollment but less than full-time enrollment at a semester or term school equals a 0.5 count per enrollment period. A cumulative semester or term payment count of 12 or higher shall eliminate the student from the MWSG program at a given degree level at any particular school. Each postsecondary school participating in the MWSG program shall maintain and monitor cumulative institutional records regarding individual student participation.

(d) Unearned MWSG funds may be reawarded within the fiscal year by the school to other eligible students.

(e) Continued MWSG program eligibility shall be a function of the financial need demonstrated and the MWSG funds available at each participating postsecondary school if a recipient transfers from one institution to another.

(f) All MWSG funds provided by the authority shall be used for student wages within the state fiscal year for which the funds were appropriated. This language shall not prevent a school from making awards and initiating employment consistent with an academic year cycle which would begin on or after August 1.

(g) All funds awarded to students shall carry the MWSG title in communications made to student recipients by the schools involved.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1777 MWSG campus allocations {#sec-r-390.1777 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1777}

Rule 7. (1) The authority shall distribute MWSG funds to postsecondary schools participating in the program according to the provisions of the act.

(2) Postsecondary schools participating in the MWSG program shall provide to the authority, by the stated deadline, the data necessary to implement the campus allocation formula.

(3) Postsecondary schools participating in the MWSG program shall maintain a separate restricted account for funds and transactions pertaining to the program.

(4) A minimal MWSG annual payment of $5,000.00 shall be made to all eligible postsecondary schools participating in the MWSG program.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1778 Annual report {#sec-r-390.1778 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1778}

Rule 8. Each postsecondary school participating in the MWSG program shall provide an annual report in the format specified by the authority. It shall include all of the following information:

(a) The number of students served.

(b) The number of employers utilized.

(d) MWSG dollar match by employer category.

(e) Year-end refund of unutilized funds.

(f) Other related data needed by the authority for accounting or audit purposes.

History

History: 1988 AACS.

Mich. Admin. Code R 390.1779 Records; retention {#sec-r-390.1779 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1779}

Rule 9. (1) Postsecondary schools participating in the MWSG program shall make all MWSG records part of their permanent student financial aid office files.

(2) Records which provide any of the following information shall be maintained:

(a) Student eligibility.

(b) Employer contracts.

(d) Any award adjustments and refund calculations made.

(e) Cumulative awards made to each participant.

(3) All MWSG program records shall be made available for audit purposes upon request.

(4) All MWSG program records shall be maintained for a minimum of 5 years by each participating institution.

History

History: 1988 AACS.

R 390.1901 to R 390.1908 Children of Veterans Tuition Grant Program

Mich. Admin. Code R 390.1901 Definitions {#sec-r-390.1901 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1901}

DEPARTMENT OF TREASURY

MICHIGAN HIGHER EDUCATION ASSITANCE AUTHORITY

CHILDREN OF VETERANS TUITION GRANT PROGRAM

(By authority conferred on the Michigan Higher Education Assistance Authority by 2005 PA 248, MCL 390.1343)

Rule 1901. As used in these rules:

(a) "Act" means the children of veterans tuition grant act, 2005 PA 248, MCL 390.1341 to 390.1346.

(b) "Eligible age" means the student has reached 17 years of age and has not yet reached 26 years of age at the start of the enrollment period.

(c) "Eligible program" means courses at an eligible institution that are applicable or transferable to a baccalaureate or associate degree.

(d) "Enrollment" means the period of time defined by a participating school's academic calendar as the times when semesters or terms of instruction begin and end.

(e) "Full time enrollment" is defined as enrollment in 24 semester or 36 terms credits within an academic year.

(f) "Part-time enrollment" means students enrolled at least half time as determined on an enrollment count date that is established by each eligible institution.

(g) "Participating school" means an eligible postsecondary institution as defined in section 2 of the act that elects to participate in the children of veterans tuition grant program.

(h) "Satisfactory academic progress" means compliance with the standards of enrollment established by the eligible institution pursuant to the federal higher education act of 1965, as amended, regarding minimal criteria of academic progress needed to maintain eligibility for federal title IV student aid programs.

(i) "Tuition-specific gift aid" means a financial aid scholarship or grant that is designated specifically for the payment of postsecondary tuition charges and that cannot be used to pay any other education-related expenses.

History

History: 2009 AACS.

Mich. Admin. Code R 390.1902 Statutorily defined terms used in rules {#sec-r-390.1902 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1902}

Rule 1902. Except as otherwise provided in these rules, a term defined in the act has the same meaning when used in these rules.

History

History: 2009 AACS.

Mich. Admin. Code R 390.1903 Responsibilities of participating school {#sec-r-390.1903 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1903}

Rule 1903. A participating school shall do all of the following:

(a) Upon receipt of a letter of eligibility provided by the department of treasury, shall bill the authority for funds on behalf of students meeting the eligibility requirements described in section 4 of the act and these rules.

(b) Apply funds to eligible students' accounts.

(c) Confirm enrollment and submit other reports regarding expenditures and related data to the authority on a timely basis.

(d) Monitor the grade point averages and academic progress for grant recipients.

(e) Return refunds to the program promptly during the academic year.

(f) Not bill for tuition for a term or semester ending before an application has been received by the authority.

(g) Tuition may be billed for repeat courses, online courses, and off-campus study courses.

History

History: 2009 AACS.

Mich. Admin. Code R 390.1904 Additional grant eligibility requirements {#sec-r-390.1904 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1904}

Rule 1904. The authority, in conjunction with a participating school, may determine that an individual is eligible for a grant upon meeting the requirements of section 4 of the act and all of the following requirements:

(a) Possesses a high school diploma or GED certificate, or is accepted for enrollment at an eligible postsecondary institution as defined in section 2(c) of the act.

(b) Is enrolled at least half time as determined at the end of the participating school's refund period.

(d) Is making satisfactory academic progress as determined by the participating school.

(e) Meets the program's eligible age requirement prior to the beginning of an enrollment period.

(f) Is not currently incarcerated in a correctional facility on either a full-time or part-time basis. Students become ineligible for funds immediately if incarcerated or at the start of the next enrollment term if it is beyond the participating school's refund period.

History

History: 2009 AACS.

Mich. Admin. Code R 390.1905 Probation, suspension, and termination due to grades {#sec-r-390.1905 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1905}

Rule 1905. An eligible student who meets the requirements of the act and R 390.1904 shall receive benefits under the act if the student's grade point average remains at or above 2.25. Both of the following shall apply:

(a) A student who fails to achieve a cumulative grade point average of 2.25 will be placed on probationary status for 1 term or semester during which time the student may continue to receive grant assistance.

(b) A student who fails to achieve a cumulative grade point average of 2.25 after being placed on probationary status for 1 term or semester shall be placed on suspension during which time grant assistance will be suspended. The student will remain on suspension until documentation of the required 2.25 cumulative grade point average is received by the authority in accordance with R 390.1906(b).

History

History: 2009 AACS.

Mich. Admin. Code R 390.1906 Reinstatement of eligibility {#sec-r-390.1906 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1906}

Rule 1906. Reinstatement of eligibility for assistance under this act shall be granted under the following circumstances:

(a) A student who has become ineligible for assistance for failure to comply with the provisions of the act or R 390.1904 may be reinstated if he or she has a cumulative grade point average of 2.25 and can provide evidence to the authority of complying with the act and R 390.1904.

(b) A student who has become ineligible for assistance pursuant to R 390.1905(b) may be reinstated if he or she meets both of the following criteria:

(i) After a term or semester of being placed on suspension, the student raises his or her cumulative grade point average to 2.25 or above and can provide documentation to the authority of such through a college transcript.

(ii) The student continues to meet the provisions of the act and R 390.1904.

History

History: 2009 AACS.

Mich. Admin. Code R 390.1907 Length of eligibility {#sec-r-390.1907 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1907}

Rule 1907. Students meeting all eligibility requirements in the act and in these rules shall remain eligible for grant assistance until any of the following occur:

(a) The student has received 4 academic years of grant assistance which is counted as 8 semesters or 12 terms of grant payments.

(b) The student has received a total of $11,200 in grant assistance.

History

History: 2009 AACS.

Mich. Admin. Code R 390.1908 Grant amount {#sec-r-390.1908 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 390.1908}

Rule 1908. The maximum grant a student may receive is $2,800 per academic year, or the amount of eligible costs minus other tuition-specific gift aid, whichever amount is less.

History

History: 2009 AACS.

Office of Early Childhood Education Office of Early Childhood Education

R 400.1901 to R 400.1963 Licensing Rules for Family and Group Child Care Homes

Mich. Admin. Code R 400.1901 Definitions {#sec-r-400.1901 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1901}

DEPARTMENT OF LIFELONG EDUCATION, ADVANCEMENT, AND

POTENTIAL

CHILD CARE LICENSING BUREAU

LICENSING FAMILY AND GROUP CHILD CARE HOMES

(By authority conferred on the director of the department of lifelong education, advancement, and potential by section 2 of 1973 PA 116, MCL 722.112, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2004-4, 2015-1, and 2023-6, MCL 330.3101, 445.2001, 445.2011, 400.226, 400.227, and 388.1283)

PART 1. DEFINITIONS, LICENSING PROCESS, PROCEDURES, AND

RECORDS

Rule 1. (1) As used in these rules:

(a) “Act” means 1973 PA 116, MCL 722.111 to 722.128.

(b) “Adult” means an individual 18 years of age or older.

(d) “Basement" means a story of a building or structure having 1/2 or more of its clear height below average grade for not less than 50% of the perimeter.

(e) “Before and after school hours” means the hours before school hours or the hours after school hours during weekdays of the school year.

(f) “Biocontaminant” means bodily fluids such as urine, feces, saliva, vomit, blood, nasal discharge, eye discharge, and injury or tissue discharge.

(g) “Child care assistant” means an individual who is 14 to 15 years of age, participates in child care activities in a family or group child care home, and does not have unsupervised access to or provide unsupervised care or supervision of children. A child care assistant cannot be a child care staff member pursuant to the age requirement of a child care staff member as defined in section 1a of the act, MCL 722.111a.

(h) “Child care background check system” means the database maintained by the department to document comprehensive background checks and eligibility determinations, pursuant to section 5n of the act, MCL 722.115n.

(i) “Child care home” means a family child care home and a group child care home.

(j) “Child passenger restraint device" means a device that is used to restrain, seat, or position a child weighing 65 pounds or less that meets the requirements as specified in R 400.1901a(a).

(k) “Child-use space" means the rooms and floor levels of the child care home approved by the department for child care.

(l) “Clean” means removing dirt, food, soil, and other types of debris by scrubbing and washing with a detergent solution and rinsing with water.

(m) “Combustible" means materials that ignite and burn when subjected to a fire or excessive heat.

(n) “Comprehensive background check” means a department review of an individual as required in sections 5n and 5q of the act, MCL 722.115n and 722.115q.

(o) “Department" means the department of lifelong education, advancement, and potential.

(p) “Disinfect” means destroying any remaining germs on surfaces after cleaning using a stronger bleach solution or a United States Environmental Protection Agencyregistered disinfectant as described on the label.

(q) “Field trip" means children and staff leaving the child care home premises for an excursion, trip, or program activity.

(r) "Foster child" means an individual who resides in a foster home, was placed in the foster home by a placing agent, is not living with a parent or legal guardian, is less than 18 years of age or becomes 18 years of age while residing in the foster home and continues to reside in the foster home as a dependent adult, and is not related to an adult member of the foster family by blood, adoption, or marriage.

(s) “Fuel-fired” means a device that burns solid, liquid, or gaseous fuel, or a combination thereof.

(t) “Heat detector" means a single or multiple station alarm responsive to heat.

(u) “Independent service provider” means an individual who is not a child care staff member, but who renders professional, therapeutic, or enrichment services within a child care home. Independent service providers include, but are not limited to, dance instructors, gymnastic or sports instructors, computer instructors, speech therapists, nutritionists, early interventionists, nurses and other licensed healthcare professionals, intermediate school district staff, local school district staff, departmental staff other than those responsible for inspecting child care homes, maintenance personnel, electricians, plumbers and photographers, and other outside service providers. Independent service providers are not considered contract employees or self-employed as described in the act if supervised at all times while at the child care home when children are present, by an eligible child care staff member.

(v) “Infant” means birth until 1 year of age.

(w) "Means of egress" means the exit route from any point in the home to the outside at ground level.

(x) “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.

(y) “Minor" means an individual less than 18 years of age.

(z) “MiRegistry” is the electronic data system for child care providers that is maintained by the department to verify and track employment, training, and educational accomplishments.

(aa) “Nighttime care” means child care provided between midnight to 5:00 a.m.

(bb) "Nonprescription medication" means any over-the-counter medication that may be orally ingested or applied to the skin, including, but not limited to, aspirin, acetaminophen, cold and flu medicines, mosquito repellants, antiseptics, ointments, powders, and diaper rash products.

(cc) “On file” means accessible at the child care home, as specified in these rules, via hard copy or electronically, unless otherwise stipulated in the rule.

(dd) “Parent" means a child's natural or adoptive parent who is legally responsible for the child or the child's legal guardian.

(ee) “Permanently reside” means the address is the individual’s primary residence and the individual’s presence in the child care home is not contingent on caring for children.

(ff) “Personnel” means a licensee, child care staff member, and child care assistant.

It does not include therapeutic professionals and independent service providers.

(gg) “Play yard” means a framed enclosure that includes a floor and has mesh or fabric sided panels primarily intended to provide a play or sleeping environment for children. It may fold for storage or travel.

(hh) “Portable crib” means a crib that can be folded or collapsed, without disassembly, to occupy a space less than it occupies when it is used. Products with mesh, fabric, or non-rigid sides, such as a bassinet or play yard, are not considered portable cribs.

(ii) “Premises" means the location of the child care home where the licensee and family reside and includes the attached yard, garage, basement, non-child-use space, and other outbuildings.

(jj) “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.

(kk) “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.

(ll) “Sanitized” means reducing the number of germs on surfaces after cleaning the item by using heat, sanitizing sprays as directed on the label, or a weakened bleach solution.

(mm) “School hours” means the hours when school is in session during weekdays of the school year. It does not include summer months, holidays, closure days, or early dismissal days.

(nn) “Serious injury” means means an injury that occurred while the child was in care that resulted in a child receiving medical attention by a healthcare provider.

(oo) “Smoke detector" means a device that detects visible or invisible particles of combustion.

(pp) “Staff” means personnel and unsupervised volunteers.

(qq) “Standard precautions” means the use of barriers to handle potential exposure to biocontaminants, the process to clean and disinfect contaminated surfaces, and the process to dispose of biocontaminants.

(rr) “Supervised volunteer” means an individual who is 16 years of age or older, provides services for a child care home that is not compensated, and who is supervised at all times when children are in care. A supervised volunteer cannot be counted in staff to child ratios.

(ss) “Therapeutic professionals” means an independent service provider who provides therapeutic services in a child care home, including, but not limited to, speech therapists, nutritionists, early interventionists, nurses and other licensed healthcare professionals who are employed by an intermediate school district or local school district to provide services in a child care home to a child with a disability that has an individualized education program or individualized family service plan.

(tt) “Toddler” means 1 year of age until 30 months of age.

(uu) "Transportation" means the taking of children by means of a vehicle to or from a family or group child care home and to and from all other activities planned by or through the family or group child care home.

(vv) “Unsupervised volunteer” means an individual who is 16 years of age or older, who provides services for a child care home that is not compensated, who was determined eligible by the department to be unsupervised with children, and may be counted in staff to child ratios.

(ww) "Vehicle" means an automobile, truck, or van that transports individuals on a highway or road.

(xx) “Volunteers” means a supervised volunteer and an unsupervised volunteer.

(yy) “Water activities” mean activities in residential pools, lakes, ponds, or other bodies of water. Water activities do not include water play activities such as water table play, slip and slide activities, wading pools, or playing in sprinklers.

(2) A term defined in the act has the same meaning when used in these rules.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1901a Adoption of federal standards {#sec-r-400.1901a omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1901a}

Rule 1a. The following standards are incorporated by reference in these rules:

(a) “Child restraint systems,” 49 CFR 571.213. Copies of these standards may be obtained without charge from the Code of Federal Regulations at www.ecfr.gov and the National Highway Traffic Safety Administration, United States Department of Transportation, at www.nhtsa.gov. They are also available for inspection and distribution without charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.

(b) “Safety Standard for Full-Size Baby Cribs,” 16 CFR 1219; “Safety Standard for Non-Full-Size Baby Cribs,” 16 CFR 1220; and “Safety Standard for Play Yards,”16 CFR 1221. Copies of these standards may be obtained without charge from the Code of Federal Regulations at www.ecfr.gov and the United States Consumer Product Safety Commission at www.cpsc.gov. They are also available for inspection and distribution without charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1902 Applicant; licensee; requirements {#sec-r-400.1902 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1902}

Rule 2. (1) An applicant and a licensee shall meet all of the following requirements:

(a) Be 18 years of age or older.

(b) Have a high school diploma, general educational development diploma, or approved training track and hours for child care home providers through MiRegistry.

(d) Have proof of certification in pediatric first aid and pediatric, infant, child, and adult cardiopulmonary resuscitation (CPR) training.

(e) Have documentation of completed training in both of the following:

(i) Recognition and reporting of child abuse and neglect.

(ii) Prevention and control of infectious disease, including immunizations.

(f) Attend an orientation provided by the department.

(2) The applicant or licensee shall be of responsible character and be suitable and able to meet the needs of children and provide for the children’s care, supervision, and protection.

(3) All individuals, including minors, residing in the child care home shall meet all of the following requirements:

(a) Be suitable to meet the needs of children.

(b) Be able to ensure that services and facilities are conducive to the welfare of children.

(d) Demonstrate a willingness and ability to comply with the act and these rules.

(4) The applicant and licensee shall submit all required information, reports, and the application, along with the applicable fee listed under section 5m of the act, MCL 722.115m, in the manner prescribed by the department.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1903 Licensee requirements {#sec-r-400.1903 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1903}

Rule 3. (1) A licensee shall do all of the following:

(a) Be present in the child care home on a daily basis when the child care home is in operation and provide direct care and supervision for the majority of time children are in care with either of the following exceptions:

(i) When the licensee is on vacation or takes personal leave, which must not exceed 20 days within a calendar year. The 20 days of vacation or personal leave means the licensee is absent the entire day or not less than 51% of the day when the child care home is operating. A licensee may have a short periodic absence from the child care home.

(ii) When the licensee is undergoing medical treatment and subsequent recovery.

(b) Provide for a child care staff member, who has valid CPR and first aid certifications, to act on behalf of the licensee when the licensee is unable or unavailable to provide direct care.

(d) Maintain a record of the dates of licensee absences.

(e) Post the current license in a conspicuous place within the child care home during the hours of operation.

(f) Report to the department within 3 business days in the manner prescribed by the department any changes in the household composition or when any new or existing member of the household or staff has any of the following:

(i) An arrest.

(ii) A conviction.

(iii) An arraignment for an offense that if convicted would lead to that individual’s ineligibility to be connected with a child care home.

(iv) Is being investigated by the department of health and human services for an allegation of child abuse or neglect.

(v) Is under court supervised parole or probation.

(vi) Was admitted to, or released from, a correctional facility.

(vii) Was admitted to, or released from, a health facility or agency that was providing mental health or substance use disorder treatment services to the individual.

(g) Notify staff of the staff’s duty to report to the licensee any actions listed in this rule.

(h) Ensure all staff complete the child care home new hire training as specified in R 400.1923 and professional development training as specified in R 400.1924.

(i) Ensure that a child is released only to individuals authorized in writing by the parent.

(j) Allow parents of enrolled children who are in attendance to visit the child at the child care home at any time during hours of operation, as required in section 3a of the act, MCL 722.113a.

(k) Cooperate with the department in connection with an inspection or investigation, as required in section 10(1) of the act, MCL 722.120. Cooperation includes, but is not limited to, all of the following:

(i) Admit authorized members of the department into the approved child caring areas of the child care home and provide access to all records, individuals, and other materials necessary to determine compliance with the act and these rules.

(ii) Allow the department to perform routine investigative functions during the course of an investigation, inspection, or examination. Routine investigative functions include, but are not limited to, both of the following:

(A) Interviewing potential witnesses, such as child care staff members, members of the household, and volunteers.

(B) Taking photographs to assess and document the conditions of the child care home and its compliance with the act and these rules.

(iii) Provide accurate and truthful information to the department, and encourage witnesses to provide accurate and truthful information to the department.

(l) Ensure that all personnel, members of the household, and volunteers conduct themselves in a manner that is conducive to the welfare of children.

(m) Ensure that all personnel, members of the household and volunteers that use a controlled substance outside of child-use space that is prescribed to the individual, does not impair the individual’s ability to supervise, care and protect the children in care.

(n) Have present at all times at least 1 individual who has access to and understands all of the following information:

(i) The act, these rules, and any additional communications from the department.

(ii) Child information cards.

(iii) Written directions about a child's care.

(iv) Information about food, cleaning, and chemical labels that can impact a child's well-being.

(v) Written medication directions for a child.

(vi) Information needed to effectively implement emergency procedures.

(o) Cooperate with the department by ensuring that all individuals requiring a comprehensive background check are entered into the child care background check system and processed for eligibility as required by sections 5n and 5q of the act, MCL 722.115n and 722.115q, and R 400.1919.

(p) Provide identifying information to the department in a manner as prescribed by the department on both of the following individuals who are associated with the child care license:

(i) A licensee.

(ii) An adult household member.

(q) Ensure that the personnel, volunteers, and adult members of the household do all of the following:

(i) Make an immediate verbal report to the department of health and human services, children’s protective services, by telephone at 1-855-444-3911, on reasonable cause to suspect child abuse or child neglect. The verbal report must be followed by submission of the written report within 72 hours of the verbal report.

(ii) Sign and date a written statement at the time of initial license application, on hiring or before volunteering, and indicate all of the following information:

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

(B) The individual is informed of the child care home’s policies on child abuse and neglect.

(C) The individual knows they are mandated reporters of child abuse and child neglect and are required by law to immediately report suspected abuse and neglect to the department of health and human services and children’s protective services, as described in paragraph (i) of this subdivision.

(r) Ensure that all supervised volunteers and child care assistants receive a public sex offender registry clearance by the licensee against the state sex offender registry or the national sex offender registry before having any contact with a child in care. A copy of this clearance must be maintained on file at the child care home.

(s) Have a written policy regarding screening and supervision of personnel and volunteers, including volunteers who are parents of a child in care. The policy must include a statement that any personnel or volunteer registered on either the state sex offender registry or the national sex offender registry is prohibited from having contact with any child in care.

(2) The exceptions in subrule (1)(a) of this rule do not include other part-time or fulltime employment that occurs during the hours of operation of the child care home.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1904 Rescinded {#sec-r-400.1904 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1904}

History

History: 2005 AACS; 2009 AACS; 2019 AACS.

Mich. Admin. Code R 400.1904a Rescinded {#sec-r-400.1904a omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1904a}

History

History: 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1904b Rescinded {#sec-r-400.1904b omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1904b}

History

History: 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1905 Concurrent licensing {#sec-r-400.1905 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1905}

Rule 5. (1) A licensee who is concurrently licensed as a children's foster home provider shall so inform the parents of the children in care.

(2) A licensee who provides care for both child care and foster care children shall not care for more than 12 children, including all of the following:

(a) Children who are under 17 years of age and who are related to the licensee by blood, marriage, adoption, or legal guardianship.

(b) The capacity of foster children identified on the foster care license.

(3) A licensee shall notify the department when applying for a foster care license.

(4) The department has the right to refuse concurrent licensing for child care if the health and safety of child care children could be at risk.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1906 Child care home records {#sec-r-400.1906 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1906}

Rule 6. (1) A licensee shall maintain a file for each staff and driver that includes all of the following:

(a) The individual’s first and last name, address, telephone number, and date of hire.

(b) Daily records detailing arrival times and departure times at the child care home.

(c) A statement signed by a licensed physician or the physician’s designee that attests to the individual’s mental and physical health must be updated as follows:

(i) For an applicant or licensee, within 1 year before issuance of the initial license and at the time of subsequent renewals.

(ii) For a child care staff member and a child care assistant, within 1 year before caring for children and at the time of subsequent renewals of the child care home’s license.

(d) Other physician attestations and records as required in R 400.1933.

(e) A written statement, signed and dated by the child care staff member or child care assistant at the time of hiring, indicating all of the following information:

(i) The individual is aware that abuse and neglect of children is unlawful.

(ii) The individual knows that they are mandated by law to report child abuse and neglect.

(iii) The individual has received and read a copy of the licensee’s discipline policy.

(2) The records in this rule must be retained for the duration of the individual’s employment and a minimum of 2 years after the individual has left the employment of the licensee.

(3) There must be a current licensing notebook that includes all licensing inspections, special investigation reports, corrective action plans, approval letters for the last 3 calendar years, and a summary sheet outlining the documents contained in the notebook. The notebook must be in a place accessible to parents and prospective parents during the child care home’s normal hours of operation, or if internet is available at the home, access may be provided through the department's electronic database of licensing records for the entity.

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

(5) The records required by the act and these rules must be retained for a minimum of 2 years or longer as specified in these rules and made available to the department on request.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1907 Child’s record {#sec-r-400.1907 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1907}

Rule 7. (1) Before a child’s initial attendance, a licensee shall obtain the following documents:

(a) A completed child information card on a form provided by the department or a comparable substitute approved by the department that must be maintained on file via hardcopies at the child care home.

(b) A child in care statement or receipt using a form provided by the department and signed by the parent certifying all of the following:

(i) Receipt of a written disciplinary policy.

(ii) Condition of the child's health.

(iii) Acknowledgement that the parent was offered either a copy of the licensing rules for a child care home or given the website for an electronic copy of these rules.

(iv) Agreement as to who will provide food for the child.

(v) Acknowledgement that firearms are on the premises, if applicable.

(vi) If the child care home was built before 1978, the licensee shall inform the parents of each child in care and all personnel and volunteers of the potential presence of leadbased paint or lead dust hazards, unless the licensee maintains documentation from a lead testing professional that the child care home is lead safe.

(vii) Notice of the availability of the child care home’s licensing notebook and that it contains the items described in R 400.1906 (3).

(c) Documentation that immunizations and boosters, as recommended by the department of health and human services, include any of the following:

(i) Have been completed.

(ii) Are in progress.

(iii) Are not being administered due to religious, medical, or other reasons based on a waiver signed by the parent.

(d) If a parent objects to emergency medical treatment on religious grounds, the parent shall provide a signed statement that they assume responsibility for all emergency care.

(2) Records in subrule (1) of this rule must be reviewed and updated annually or when information changes.

(3) A child care home shall keep on file at the child care home an accurate record of daily attendance at the child care home that includes each child’s first and last name and each child’s arrival and departure time.

(4) Children’s records required by the department must be maintained on file as indicated in this rule, immediately accessible, and stored in a location known to all personnel.

(5) The records in this rule must be retained on file for a minimum of 2 years after the date a child is no longer being cared for in the child care home.

(6) A child care home that enrolls a homeless child pursuant to section 722 of the McKinney-Vento homeless education assistance improvements act of 2001, as amended by section 9102 of the every student succeeds act, 42 USC 11432, shall not be cited for noncompliance when a homeless child is unable to produce immunization records. The licensee shall keep on file at the child care home any documentation of referring a child to the local educational agency liaison for homeless children and youths.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1908 Rule Variance {#sec-r-400.1908 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1908}

Rule 8. (1) On written request of an applicant or licensee, the department may grant a variance from a rule if the alternative proposed provides clear and convincing evidence that the health, welfare, and safety of children is protected.

(2) The decision of the department, including the conditions under which the variance was granted, must be maintained on file at the child care home.

(3) The granted variance remains 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.

PART 2. SPACE AND EQUIPMENT

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1909 Indoor space; play equipment and materials {#sec-r-400.1909 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1909}

Rule 9. (1) A child care home shall provide not less than 35 square feet per child of safe, usable, accessible indoor floor space, not including bathrooms and storage areas.

(2) Only space that has received prior approval for child-use by the department may be used for child care.

(3) A variety of easily accessible activity choices must be available to a child that are safe and appropriate for a child at the child’s stage of development. The number of choices must be based on the number of children who are allowed to attend the licensed child care home. All of the following apply to activity choices available:

(a) Materials may include, but are not limited to, any of the following:

(i) Books.

(ii) Art supplies.

(iii) Blocks and accessories.

(iv) Large muscle equipment.

(v) Manipulative toys.

(vi) Musical equipment.

(vii) Dramatic play materials.

(b) All materials and equipment must remain clean, free of hazards, and in good repair.

(c) Toys and other play equipment soiled by secretion or excretion must be cleaned with soap and water, rinsed, and sanitized before being used by a child.

(4) A licensee shall not use any equipment, toys, materials, or furnishings recalled or identified by the United States Consumer Product Safety Commission (CPSC) as being hazardous. These products are identified on the CPSC’s website at http://www.cpsc.gov.

(5) The current list of unsafe children’s products must be conspicuously posted in the child care home as an actual hard copy or electronic access to the CPSC or it’s successor’s list of recalled children’s products, as required by section 15 of the children’s product safety act, 2000 PA 219, MCL 722.1065.

(6) All children shall be protected from materials that could be swallowed or present a choking hazard. Toys or objects with removable parts less than 1 1/4 inches in diameter and less than 2 1/4 inches in length, and balls smaller than 1 3/4 inches in diameter are prohibited for children under 3 years of age.

(7) Trampolines and bounce houses must not be used indoors by children in care.

(8) Teething necklaces, bracelets, or beads must not be used by children in care, indoors or outdoors.

(9) Specialized equipment prohibited by these rules may be used by a child if specified in the child’s individualized family service plan or individualized education program and in the manner described in the child’s individualized family service plan or individualized education program.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1910 Bedding and sleeping equipment {#sec-r-400.1910 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1910}

Rule 10. (1) All bedding and sleeping equipment must be in accordance with CPSC standards as approved for the age of the child using the equipment and be clean, comfortable, safe, and in good repair. The standards are available at http://www.cpsc.gov.

(2) All bedding and sleeping equipment must be cleaned before being used by another child.

(3) All bedding used by children must be washed when soiled and weekly at a minimum.

(4) All cribs, play yards, or portable cribs must be equipped with a firm, tight-fitting mattress with a waterproof, washable covering, as recommended and approved by the CPSC.

(5) Play yard mattresses must be purchased from the manufacturer of the play yard and be manufactured after February 19, 2014. Play yards must meet the CPSC safety standards for play yards, 16 CFR part 1221.

(6) Infants shall rest or sleep alone in an approved crib, play yard, or portable cribs.

This equipment must meet all of the following requirements:

(a) Cribs, portable cribs, and play yards must comply with the standards as specified in R 400.1901a(b).

(b) A tightly fitted or snug bottom sheet must cover the crib or portable crib mattress with no additional padding placed between the sheet and the mattress.

(7) An infant's head shall remain uncovered during sleep.

(8) Soft objects, bumper pads, stuffed toys, blankets, quilts or comforters, pillows, and other objects that could smother an infant must not be placed with, under, or within reach of a resting or sleeping infant.

(9) An infant who is less than 2 months of age may be swaddled with a sleeping sack swaddle attachment.

(10) If an infant who is older than 2 months of age has a health issue or special need that requires the child to use a sleeping sack swaddle attachment, documentation of this health issue or special need from the child's healthcare provider is required. This documentation must include specific sleeping instructions and time frames for how long the child needs to sleep in this manner, including an end date.

(11) Blankets must not be draped over cribs, portable cribs, or play yards while they are in use.

(12) Children 12 to 24 months of age shall rest or sleep alone in an approved crib, portable crib, play yard, or on a cot or mat sufficient for the child's length, size, and movement.

(13) None of the following are approved sleeping equipment for children 24 months of age or younger:

(a) Infant car seats.

(b) Infant seats.

(d) Bassinets.

(e) High chairs.

(f) Water beds.

(g) Adult beds.

(h) Soft mattresses.

(i) Sofas.

(j) Bean bags.

(k) Other soft surfaces.

(14) Children 24 months of age or younger who fall asleep in a space that is not approved for sleeping shall be moved to approved sleeping equipment appropriate for the children’s size and age.

(15) Children over 24 months of age shall have an individual, age-appropriate, clean, comfortable, and safe place to sleep or rest. The floor may be used only when padded, warm, and free from drafts and when there is a mat, sleeping bag, blanket, or similar piece of bedding between the floor and the child.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1911 Telephone {#sec-r-400.1911 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1911}

Rule 11. (1) Personnel and volunteers shall have immediate access to an operable telephone within the child care home at all times.

(2) The telephone number must be made available to the department, personnel, volunteers, and parents.

(3) The licensee shall inform the department, personnel, volunteers, and parents of any change in telephone number.

History

History: 2005 AACS; 2019 AACS 2019; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1912 Outdoor play area and equipment {#sec-r-400.1912 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1912}

Rule 12. (1) A child care home shall provide a clean, safe, and hazard free outdoor play area on the premises or within a reasonable walking distance of the child care home.

(2) The play area size must be either of the following:

(a) Not less than 400 square feet for a family child care home.

(b) Not less than 600 square feet for a group child care home.

(3) A licensee shall provide an adequate and varied supply of outdoor play equipment, materials, and furniture that is all of the following:

(a) Appropriate to the developmental needs and interests of children.

(b) Appropriate to the number of children.

(4) The outdoor play area and equipment must be organized to meet all of the following requirements:

(a) To separate active and quiet activities.

(b) For a clear and unobstructed view of the whole play area.

(5) When swings, climbers, slides, and other similar play equipment with a designated play surface above 30 inches are used, they must comply with the following:

(a) Not be placed over concrete, asphalt, or a similar surface, such as hard-packed dirt or grass.

(b) Be safe, in good repair, and age-appropriate.

(6) Trampolines must not be used outdoors by children in care.

(7) Bounce houses are permissible outdoors with direct supervision by a licensee or child care staff member, and pursuant to the manufacturer’s recommendations.

(8) Children in care shall not be allowed to ride all-terrain vehicles, motor bikes, gocarts, recreational, or other motorized vehicles.

(9) The outdoor play area must be protected from hazards like vehicular traffic or bodies of water by using a fence or natural barrier that does not prevent the observation of children by staff or unsupervised volunteers.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1913 Child care home maintenance and safety {#sec-r-400.1913 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1913}

Rule 13. (1) The structure, premises, and furnishings of a child care home must be in good repair and maintained in a clean, safe, and comfortable condition.

(2) All dangerous and hazardous materials or items must be stored securely and out of the reach of children.

(3) All steps, stairs, porches, and elevated structures that children in care have access to must be protected to prevent falls and be free of ice and snow accumulation.

(4) A handrail is required for 3 or more steps, or a total rise of 24 inches or more.

(5) Parents shall be notified before pesticide or fertilizer treatments.

(6) There must be no flaking or deteriorating paint on interior and exterior surfaces, equipment, and toys accessible to children.

(7) If the child care home was built before 1978, the licensee shall inform parents of each child in care and all personnel and volunteers in writing, before any remodeling, renovating or re-painting that could potentially disturb lead-based paint or produce lead dust. Providers are encouraged to use Environmental Protection Agency renovation, repair, and painting trained and certified individuals when remodeling child care areas to ensure lead safety for children in care.

(8) Open-flame devices and candles must not be used, except for birthdays or religious celebrations, and must be inaccessible to children and extinguished when done.

(9) Alcohol, tobacco products, marijuana and marijuana products, vaping products, and any controlled substance must be stored securely and be inaccessible to children.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1914 Water supply; sewage disposal; water temperature {#sec-r-400.1914 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1914}

Rule 14. (1) The water supply must be from a municipal water supply or an onsite well approved by the local health department.

(2) All sewage must be disposed of through a public system or, in the absence thereof, in a manner approved by the local health department.

(3) A child care home shall have a minimum of 1 flush toilet and 1 handwashing sink with hot and cold running water.

(4) Hot water temperature must not exceed 120 degrees Fahrenheit at water faucets accessible to children.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1915 Heating; ventilation; lighting; radon {#sec-r-400.1915 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1915}

Rule 15. (1) Each room that is used by children in care must have adequate ventilation and be maintained at a safe and comfortable temperature so children do not become overheated, chilled, or cold. Both of the following apply:

(a) The indoor temperature must be not less than 65 degrees Fahrenheit at a point 2 feet above the floor.

(b) Measures must be taken to cool the children when the indoor temperature exceeds 82 degrees Fahrenheit.

(2) Windows and doors that are used for ventilation must be screened and in good repair.

(3) An operational carbon monoxide detector, bearing a safety certification mark of a recognized testing laboratory, such as Underwriters Laboratories or Electrotechnical Laboratory, must be placed on all levels approved for child care.

(4) A licensee shall test the child care home for the concentration of radon gas before the initial license is issued and every 4 years at the time of license renewal.

(5) The lowest level of the child care home must not have levels of radon gases that exceed 4 picocuries per liter of air, except as provided in subrule (6) of this rule.

Documentation of the results must be maintained on file in the child care home.

(6) If the levels of radon gases exceed 4 picocuries per liter of air in the lowest level of the child care home, the licensee shall notify the parents of children in care and have a radon mitigation system installed. The licensee has up to 12 months after the date of the first measurement to meet the standard in subrule (5) of this rule.

(7) All child-use areas must have adequate natural or artificial lighting.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1916 Firearms {#sec-r-400.1916 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1916}

Rule 16. (1) All firearms must be unloaded and properly stored in a secure, safe, locked environment inaccessible to children during hours of operation or while children are in care at a child care home. A secure and locked environment means a locked commercial gun safe, or a trigger lock installed and locked according to the manufacturer’s recommendations to prevent discharge.

(2) Ammunition must be stored in a separate locked location inaccessible to children during hours of operation or while children are in care at a child care home.

(3) Firearms must not be traded or sold on the premises during hours of operation or while children are in care.

(4) Law enforcement officers who are required to keep their firearms loaded and ready for use at all times, may do so, as long as the firearm is inaccessible to children.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1917 Animals and pets {#sec-r-400.1917 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1917}

Rule 17. (1) A licensee shall notify parents of any animals and pets in the child care home.

(2) Animals and pets that are potentially aggressive or in poor health shall be separated from children in care at all times.

(3) Children having contact with animals and pets shall be supervised by a child care staff member who is physically close enough to remove a child immediately if the animal shows signs of distress or the child shows signs of treating the animal inappropriately.

(4) Animals and pets shall not be allowed in food preparation and eating areas during meal or snack time.

(5) Litter boxes, pet food, pet dishes, and pet toys must be inaccessible to children.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1918 Smoking or vaping {#sec-r-400.1918 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1918}

Rule 18. (1) Smoking and vaping must not occur in any of the following situations:

(a) On the premises of the child care home during hours of operation.

(b) On field trips with children in care.

(2) The child care home shall post a notice in a place accessible and visible to parents, personnel, volunteers, and visitors stating that smoking and vaping are prohibited on the premises of the child care home during hours of operation.

(3) The child care home shall notify parents if smoking or vaping occurs on the premises of the child care home when children are not in care.

PART 3. STAFFING

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1919 Comprehensive background check; fingerprinting {#sec-r-400.1919 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1919}

Rule 19. (1) Pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q, before an individual having any unsupervised contact with children, the department shall determine the individual’s eligibility to be any of the following:

(a) A licensee.

(b) An adult member of the household.

(d) An unsupervised volunteer.

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

(a) Ensure that each individual who requires an eligibility determination pursuant to 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 before 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.

(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 they are no longer a licensee, adult member of the household, child care assistant, child care staff member, or an unsupervised volunteer under the license.

(3) An individual may serve as a child care staff member pending an eligibility determination by the department, in accordance with 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 is 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 home.

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

(5) An individual who requires a comprehensive background check pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q, shall submit to the department, on a form prescribed by the department, all personally identifiable information necessary to conduct the comprehensive background check, including all of the following:

(a) Full legal name.

(b) All other names used in the past, including any maiden name or alias, the approximate date the other name was used, and the reason for the name change.

(d) Social Security number.

(e) Date of birth.

(f) Place of birth.

(g) Country of citizenship.

(h) Height.

(i) Weight.

(j) Hair color.

(k) Eye color.

(l) Sex.

(m) Race.

(n) Current address.

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

(p) Driver’s license identification number and state issuing the license or a state identification number and state issuing it, if available.

(q) Phone number.

(r) Email address, if available.

(s) Other information determined reasonably necessary by the department to determine the eligibility of the individual based on a name-based registry match.

(6) The department shall maintain the confidentiality of all personally identifiable information submitted pursuant to this rule to the extent allowed by law.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1920 Child care staff member; employment requirements {#sec-r-400.1920 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1920}

Rule 20. (1) An individual who is employed as a child care staff member in a child care home shall be 16 years of age or older, pursuant to section 1 of the act, MCL 722.111.

(2) Before contact with children, the individual shall be determined by the department to be eligible to serve as a child care staff member, pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q, and as required by R 400.1919.

(3) Before caring for children at a child care home, an individual shall provide the licensee both of the following:

(a) A valid certification in pediatric, infant, child, and adult CPR.

(b) A valid certification in pediatric first aid.

(4) A child care staff member shall conduct themselves in a manner that is conducive to the welfare of children and be able to meet the needs of children and provide for the children’s care, supervision, and protection.

(5) A child care staff member may substitute for the licensee pursuant to R 400.1903(1)(b).

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1921 Child care assistant; requirements {#sec-r-400.1921 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1921}

Rule 21. (1) A child care assistant shall be 14 to 15 years of age.

(2) Before contact with children, the individual shall be determined by the department to be eligible to serve as a child care assistant, as required by R 400.1903(1)(r) and R 400.1903(1)(s).

(3) Within 90 days of hire, a child care assistant shall provide the licensee both of the following:

(a) A valid certification in pediatric, infant, child, and adult CPR.

(b) A valid certification in pediatric first aid.

(4) A child care assistant shall be supervised directly at all times by the licensee or a child care staff member who is present on-site and can observe the child care assistant.

(5) A child care assistant shall conduct themselves in a manner that is conducive to the welfare of children.

(6) A child care assistant shall not substitute for the licensee or a child care staff member.

(7) A child care assistant shall not drive a vehicle that is transporting children.

(8) The licensee is responsible for the actions of a child care assistant who has contact with or access to children who are cared for in a child care home.

Editor's Note: An obvious error in R 400.1921 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2026 MR 8. The memorandum requesting the correction was published in Michigan Register, 2026 MR 9.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1922 MiRegistry {#sec-r-400.1922 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1922}

Rule 22. (1) Within 30 calendar days after employment, all staff shall have an individual MiRegistry account and have a non-expired MiRegistry membership status that would include materials submitted, received, awaiting print, or current.

(2) Within 30 calendar days after employment, all staff shall have a verified program organization employment entry in MiRegistry.

(3) Verification of the qualifications of all staff must be maintained on file at the child care home 2 years after effective date of this rule, after which qualifications must be verified in MiRegistry.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1923 Child care home new hire training {#sec-r-400.1923 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1923}

Rule 23. (1) All staff shall participate in the child care home’s new hire training within 90 days after being present at the child care home and before caring for children unsupervised.

(2) The child care home’s new hire training must include all of the following areas:

(a) The prevention of shaken baby syndrome.

(b) The prevention of sudden infant death syndrome and use of safe sleep practices.

(d) The prevention of child maltreatment.

(e) The recognition and reporting of child abuse and neglect.

(f) The prevention and control of infectious diseases, including immunizations.

(g) Emergency preparedness and response planning as described in R 400.1939.

(h) Administration of medication.

(i) Prevention of and response to emergencies due to food and allergic reactions as provided in R 400.1937.

(j) Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic.

(k) Handling and storage of hazardous materials and appropriate disposal of biocontaminants.

(l) Precautions in transporting children if the child care home provides transportation with children at any time.

(m) Child development, including the major domains of cognitive, social, emotional, physical development, and approaches to learning.

(n) Pediatric first aid and pediatric, infant, child, and adult CPR, unless the new staff presents a valid certification pursuant to R 400.1920(3)(a), R 400.1920(3)(b), R 400.1921(3)(a), and 400.1921(3)(b).

(3) Until a staff member has completed the new hire training, the staff is supervised by the licensee or child care staff member who has completed the new hire training.

(4) Verification of all training required by this rule must be maintained on file at the child care home until 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1924 Professional development {#sec-r-400.1924 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1924}

Rule 24. (1) A licensee shall complete not less than 10 clock hours of professional development each calendar year related to any of the following:

(a) Child development.

(b) Caring for children.

(d) Administrative management for a child care business.

(e) Updates to topics covered in R 400.1923.

(2) Personnel, not including the licensee, shall complete not less than 5 clock hours of professional development each calendar year related to any of the following:

(a) Child development.

(b) Caring for children.

(3) An unsupervised volunteer shall complete not less than 1 hour of professional development each calendar year related to all of the following:

(a) Child development.

(b) Caring for children.

(4) A driver shall complete not less than 1 hour of professional development each calendar year related to all of the following:

(a) Caring for children.

(b) Transportation.

(5) Staff may count CPR and first aid certification hours toward the professional development hours in the calendar year taken.

(6) Training hours may include completion of any of the following:

(a) Sessions offered by community groups, faith-based organizations, and child care home associations.

(b) Trainings, workshops, seminars, and conferences on early childhood, child development, or child care administration offered by early childhood organizations.

(d) Online courses.

(e) Training and courses offered through MiRegistry.

(7) Verification of all professional development required by this rule must be maintained on file at the child care home until 2 years after the effective date of this rule, after which professional development must be reflected as verified in MiRegistry.

Completion of the required training must be verified by a document, signed by the trainer or an authorized individual, which must be maintained on file or available online at MiRegistry.

(8) Pediatric first aid and pediatric, infant, child, and adult CPR certification must be maintained according to the expiration dates on the individual’s certification cards.

(9) The department may require additional training for violations based on the act or these rules. The additional training may include, but is not limited to, the safe sleep training available on MiRegistry or attending another orientation session conducted by the department.

(10) Two years after the effective date of this rule, all training to meet professional development requirements must be approved in MiRegistry.

(11) When the department publishes a notice that a new health and safety update document or a new health and safety update training activity was published on MiRegistry, the licensee shall ensure that all applicable personnel and unsupervised volunteers read and acknowledge the document or complete the activity within the timeframe indicated on the notice.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1925 Capacity {#sec-r-400.1925 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1925}

Rule 25. (1) The licensee shall ensure that the actual number of unrelated children in care at any 1 time does not exceed the number of children for which the child care home is licensed, not more than 6 children for a family child care home and not more than 12 children for a group child care home.

(2) The licensee may request from the department an increased capacity to 7 for a family child care home and 14 for a group child care home after satisfying all of the following criteria:

(a) Holds a current license.

(b) Was licensed to operate for not less than 29 consecutive months.

(d) Has received a renewed regular license after not less than 29 months of licensed operation.

(3) This rule is not subject to the variance specified in R 400.1908.

History

History: 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1926 Rescinded {#sec-r-400.1926 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1926}

History

History: 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1927 Ratio of staff to children in family child care homes {#sec-r-400.1927 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1927}

Rule 27. (1) The ratio of staff to children present in the family child care home and during transportation at any 1 time must be not less than 1 member of the staff to 6 children.

The ratio must include both of the following:

(a) All children in care who are not related to any staff members.

(b) Any child under school-age related to the licensee, child care staff member, child care assistant, unsupervised volunteer, or member of the household by blood, marriage, or adoption.

(2) The ratio may increase to 1 staff member to 7 children if the licensee is approved for an increased capacity as described in R 400.1925(2).

(3) For each staff member, not more than 4 children shall be under the age of 24 months, with not more than 2 of the 4 children under the age of 12 months.

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1928 Ratio of staff to children in group child care homes {#sec-r-400.1928 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1928}

Rule 28. (1) The ratio of staff to children present in the group child care home and during transportation at any 1 time must be not less than 1 member of the staff to 6 children.

The ratio must include both of the following:

(a) All children in care who are not related to any staff members.

(b) Any child under school-age related to the licensee, child care staff member, child care assistant, unsupervised volunteer or member of the household by blood, marriage, or adoption.

(2) The ratio may increase to 1 staff member to 7 children if the licensee is approved for an increased capacity as described in R 400.1925(2).

(3) During before and after school hours only group child care homes may accommodate up to 3 school-age children with a maximum staff to child ratio of 1 staff member to 9 children or 1 staff member to 10 children, if the licensee is approved for an increased capacity as described in R 400.1925(2).

(4) For each staff member, not more than 4 children shall be under the age of 24 months, with not more than 2 of the 4 children under the age of 12 months.

Editor's Note: An obvious error in R 400.1928 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2026 MR 8. The memorandum requesting the correction was published in Michigan Register, 2026 MR 9.

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1929 Care; supervision; children {#sec-r-400.1929 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1929}

Rule 29. (1) A licensee shall ensure appropriate care and supervision of children at all times, including during transportation.

(2) A licensee or a child care staff member shall be present in the home at all times when children are in care.

(3) A licensee and child care staff members shall be up and awake at all times when children are in care, except as provided in R 400.1944(2) of these rules.

(4) Staff shall know the location of each child at all times.

(5) Staff shall never leave a child unattended or with a minor in a vehicle.

(6) A licensee or child care staff member shall at all times directly supervise children who are engaged in water activities or are near collections or bodies of water.

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1930 Infant; child; resting; sleeping; supervision {#sec-r-400.1930 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1930}

Rule 30. (1) Infants shall be placed on their backs for resting and sleeping.

(2) 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 in another position.

(3) 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 allowed to adopt whatever position they prefer for sleeping.

(4) If a child has a health issue or a special need that requires the child sleep in an alternate position or in something other than a crib, portable crib, or play yard for infants and toddlers, or cot or mat for toddlers, documentation from the child’s healthcare provider is required. The documentation must include specific sleeping instructions and time frames for how long the child needs to sleep in this manner and include an anticipated end date.

(5) Staff shall maintain supervision and monitor infants' breathing, sleep position, bedding, and possible signs of distress, except as provided in R 400.1944.

(6) Video surveillance equipment and baby monitors must not be used in place of subrule (5) of this rule.

PART 4. GENERAL HEALTH AND SAFETY

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1931 Medication; administration; procedures {#sec-r-400.1931 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1931}

Rule 31. (1) Medication, prescription or nonprescription, must be given to a child in care by a licensee or a child care staff member only. A child care assistant or supervised volunteer shall not give medication to a child in care.

(2) Medication, prescription or nonprescription, must be given or applied only with prior written permission from a parent.

(3) All medication must be in the original container, stored according to instructions, and clearly labeled for a named child.

(4) Prescription medication must have the pharmacy label indicating the physician's name, child's first and last name, instructions, and name and strength of the medication, and be given in accordance with those instructions.

(5) All medication must be stored out of the reach of children and returned to the child's parent when the parent determines it is no longer needed or when it has expired.

(6) A licensee or child care staff member shall give or apply prescription or nonprescription medication according to the directions on the original container unless otherwise authorized by a written order of the child's physician or healthcare professional.

(7) A record of the date, time, and the amount of all medication given or applied must be maintained on a form provided by the department or a comparable substitute approved by the department.

(8) Topical nonprescription medication, including, but not limited to, sunscreen, insect repellant, and diaper rash ointment, is exempt from subrules (1) and (7) of this rule.

(9) The records required in this rule must be retained for a minimum of 2 years.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1932 Biocontaminants {#sec-r-400.1932 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1932}

Rule 32. A child care home shall use standard precautions regarding prevention, exposure, and disposal of biocontaminants.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1933 Communicable disease; immunization; mental and physical health; physician attestation {#sec-r-400.1933 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1933}

Rule 33. (1) An applicant shall obtain a written statement, signed by a licensed physician or healthcare professional, or the healthcare professional’s designee, within 1 year before issuance of the initial license, that attests to the applicant’s mental and physical health. The attestation must be renewed at the time of subsequent license renewals.

(2) A licensee shall obtain from a child care staff member and a child care assistant a written statement, signed by a licensed physician, or the licensed physician’s designee, within 1 year before caring for children, that attests to the child care staff member’s or child care assistant’s mental and physical health. The attestation must be renewed at the time of subsequent renewals of the child care home’s license.

(3) An individual who lives in a child care home or cares for children in a child care home, who has a suspected or confirmed case of a communicable disease, shall not come into contact with children in the home’s care. Communicable disease includes, but is not limited to, any of the following:

(a) Tuberculosis.

(b) Influenza.

(d) Whooping cough.

(e) Strep throat.

(f) Scarlet fever.

(g) Chicken pox.

(4) If immunizations, as recommended by the department of health and human services, have not been given or completed for all minors who live in the child care home, the licensee shall inform the parent of each child in care at the child care home and all personnel.

(5) The documents required in this rule must be retained by the licensee for a minimum of 2 years after the date the individual no longer resides in or cares for children in the child care home.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1934 Water hazards; water activities {#sec-r-400.1934 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1934}

Rule 34. (1) A licensee shall ensure that barriers exist to prevent children from gaining access to any swimming pool, drainage ditch, well, natural or constructed pond, or other body of open water located on or adjacent to the property where the child care home is located. These barriers must be a minimum of 4 feet in height and appropriately secured to prevent children from gaining access to these areas.

(2) A hot tub or spa pool must not be used when children are in care.

(3) A hot tub or spa pool, whether indoors or outdoors, must be made inaccessible to children in care by the use of a locked hard cover.

(4) A wading pool may be used when all of the following requirements are met:

(a) It is clean and free of debris.

(b) It is emptied and cleaned after each play period or immediately when it becomes dirty or contaminated.

(5) Before use of a residential pool or another body of water by children in care, a licensee shall ensure that the water is clean, safe, and sanitary, and that the children are appropriately and adequately supervised.

(6) Public swimming areas may be used only if a lifeguard is present.

(7) If there are 2 groups of children, 1 group in the water and 1 group out of the water, the staff to child ratios, as required in R 400.1927, must be maintained for each group, with the exception that the staff to child ratio for children under 3 years of age who are in the water must be 1-to-1 at all times.

(8) Rescue equipment must be readily accessible at all times.

(9) A working telephone must be immediately accessible in the water activity area.

(10) A licensee shall obtain and keep on file written permission from a child's parent for the child's participation in either of the following:

(a) Before each outdoor water activity at a swimming pool, lake, or other body of water off the child care home premises.

(b) Once per season for water activities occurring on the child care home premises.

(11) The emergency plan in R 400.1939 must include procedures for water emergencies.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1935 Diapering and toilet learning {#sec-r-400.1935 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1935}

Rule 35. (1) Diapering of infants and toddlers must only occur in a designated changing area.

(2) The designated changing area must comply with all of the following:

(a) Be used exclusively for changing wet or soiled diapers or underwear.

(b) Be located away from food preparation and meal service areas.

(d) Have a nonabsorbent, easily sanitized surface with a changing pad between the child and the surface.

(e) Be cleaned and disinfected after each use.

(f) Have diapering and changing supplies within easy reach.

(g) Have a plastic-lined, tightly covered container that is used exclusively for disposable diapers and diapering supplies that must be emptied, cleaned, and disinfected at the end of each day.

(3) Diapers or training pants must be changed when wet or soiled.

(4) Only single use disposable wipes or other single use cleaning cloths must be used to clean a child during the diapering or toileting process.

(5) All of the following requirements 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 or training pants.

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

(d) Soiled diapers must be placed in a plastic-lined, covered container used only for that child’s soiled diapers.

(e) Soiled diapers or training pants must be stored and handled in a manner that will not contaminate other items and must not be accessible to children.

(f) A child’s parent shall remove soiled diapers or training pants from the child care home every day.

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

(6) Toilet learning must be planned cooperatively between the parent and the licensee so the toilet routine established is consistent.

(7) If toilet learning equipment such as potty chairs and modified toilet seats are used, both of the following apply:

(a) They must be able to be easily cleaned and disinfected.

(b) Potty chairs must be cleaned and disinfected after each use.

(8) If disposable gloves are used, they must only be used once for a specific child and must be removed and disposed of in a safe and sanitary manner immediately after each diaper change.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1936 Hand washing {#sec-r-400.1936 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1936}

Rule 36. (1) All personnel and volunteers shall wash their hands appropriately and at all of the following times:

(a) On arrival for the workday.

(b) Before caring for children.

(d) Before and after giving medication.

(e) After each diapering.

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

(g) After handling bodily fluids, such as mucus, blood, vomit, from sneezing, wiping, and blowing noses, from mouths, or from sores.

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

(i) After cleaning or handling garbage.

(j) When soiled.

(2) Personnel and volunteers shall ensure that children wash their hands at all of the following times:

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

(b) After toileting or diapering.

(d) After playing in sand or water.

(e) After handling animals and pets.

(f) When soiled.

(3) Hand sanitizers containing not less than 60% alcohol or single-use wipes may be used as a temporary measure during outings, such as field trips and outdoor activities, until soap and running water are available.

(4) When an infant is too heavy to hold for handwashing, cannot stand safely to wash hands at a sink, is not developmentally ready to hold their head up, and for children with a disability who are not capable of washing their own hands, staff may wash the child’s hands with non-toxic disposable wipes.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1937 Food allergy plan {#sec-r-400.1937 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1937}

Rule 37. (1) A written plan for the prevention of and response to emergencies due to food and allergic reactions must be developed and implemented to include a child care plan, prevention measures, and emergency procedures.

(2) The child’s care plan must include all of the following, at a minimum:

(a) The child’s name with a list of the child’s food allergies.

(b) The names, doses, and methods of medication administration the child must receive in response to a reaction.

(3) The child’s care plan must be taken on field trips.

(4) The prevention measures must include all of the following, at a minimum:

(a) Notify the parents of all children in the child care home to avoid bringing in foods to the child care home with the known allergen.

(b) Post the child’s name and known food allergy prominently in the child care home, on parent approval.

(d) Prevent food sharing between children.

(5) The emergency procedures must include all of the following, at a minimum:

(a) Promptly and properly administer medications in an event of an allergic reaction according to the instructions in the child’s care plan.

(b) Contact emergency medical services immediately if any child has a serious allergic reaction, new suspected serious allergic reaction occurs with any child, or whenever epinephrine is administered, even if the child appears to have recovered from the allergic reaction.

(c) Notify parents or guardians immediately of any suspected allergic reactions, the ingestion of the problem food, or contact with the problem food, even if a reaction did not occur.

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1938 Food preparation and service {#sec-r-400.1938 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1938}

Rule 38. (1) A licensee shall ensure that all of the following requirements are met:

(a) Each child shall be provided with nutritional and sufficient meals and snacks that meet the requirements for meals of the child care component of the USDA Child and Adult Care Food Program, as referenced in 7 CFR 226.20. This subrule does not apply to children whose parents provide their food.

(b) Children shall be offered food at intervals as individually appropriate, but not to exceed more than 4 hours unless the child is asleep.

(2) A licensee shall ensure that food is prepared, served, and stored in a safe and sanitary manner by meeting all of the following requirements:

(a) Food served to children individually or family style must be discarded at the end of the meal if not eaten.

(b) Prepared food that has not been served to individuals or placed in family-style containers must be properly cooled, if applicable, and promptly covered and stored appropriately.

(c) Children under 3 years of age shall not be served or allowed to eat foods that could easily cause choking including, but not limited to, popcorn and uncut round foods such as grapes, seeds, nuts, hard candy, and hot dogs.

(3) If a parent has agreed to provide the food, the licensee shall have a written agreement with the parent and is responsible for providing adequate food if the parent does not.

(4) Food brought by parents must be labeled with the child's first and last name and, if perishable, be refrigerated, and be fed only to the child for whom the item is labeled.

(5) A licensee shall inform parents if home canned foods are served.

(6) Unpasteurized products must not be used.

(7) Children shall be encouraged to taste new foods, but not be required to eat anything they do not want.

(8) Bottles used for feeding must be labeled with the child's first and last name and date, be refrigerated, and served only to the child on the label.

(9) Warming bottles and beverage containers in a microwave oven or a slow cooker is prohibited.

(10) Bottle warmers must be placed where children cannot access them or reach the cords for the warmers.

(11) Bottle warmers must be shut off when not in use.

(12) The contents of a bottle used for feeding for a period that exceeds 1 hour after the beginning of the feeding, or unrefrigerated for 1 hour or more, must be discarded.

(13) Children shall not have beverage or food containers when they are in bed or when they are walking around or playing.

(14) The propping of bottles is prohibited.

(15) Breastfeeding must be supported by making reasonable accommodations for a mother who chooses to breastfeed her child at the child care home.

(16) A child shall not be held while removing a bottle from the bottle warmer.

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1939 Emergency preparedness and response planning procedures {#sec-r-400.1939 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1939}

Rule 39. (1) An applicant or licensee shall develop and implement a written emergency response plan and procedures for the care of children for all of the following emergencies:

(a) Fire.

(b) Tornado watches and warnings.

(d) Water emergencies, if applicable.

(e) Floods.

(f) Power outages.

(g) Extreme weather.

(h) Other natural or man-made disasters.

(i) Bomb threats and other man-made emergencies.

(j) Intruders or active shooters.

(2) The written plan and procedures must include all of the following, as applicable to the type of emergency:

(a) A plan for evacuation.

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

(d) A plan for lockdown.

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

(f) A plan for continuing operations during and after an emergency.

(g) A plan for how infants and toddlers will be accommodated in all types of emergencies.

(h) A plan for how children with a disability will be accommodated in all types of emergencies.

(i) A plan for how children with chronic medical conditions will be accommodated in all types of emergencies.

(3) A hard copy of the plans must be posted as indicated below:

(a) The plans required by subrules (1)(a) to (e) of this rule must be posted in a place visible to personnel, volunteers, and parents.

(b) The plans required by subrules (1)(f) to (i) of this rule must be maintained in a place known and easily accessible to personnel, volunteers, and parents.

(c) The plan required by subrule (1)(j) of this rule must be maintained in a place known and easily accessible to personnel and volunteers.

(4) Training on the written plan and procedures for emergencies in subrule (1) of this rule must occur in the timeframe indicated in R 400.1923(1).

(5) A licensee shall inform all staff of the overall emergency response plan and of the licensee’s individual duties and responsibilities if an emergency specified in subrule (1) of this rule occurs.

(6) All personnel and volunteers present at the child care home shall be trained on and participate in the drills held during the personnel and volunteer’s presence at the child care home.

(7) Fire drills, using smoke detectors as the alarm, must be practiced while children are in care not less than every 3 months.

(8) Not less than 2 tornado drills must be practiced while children are in care between March and November.

(9) Drills for emergency plans not listed in subrules (7) and (8) of this rule, must be conducted annually.

(10) A written log indicating the date and time of each drill including the time taken for an evacuation, as applicable to the emergency, must be maintained on file at the child care home pursuant to R 400.1906(5).

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1940 Parent notification required; incidents; accidents; illness; disease; isolation {#sec-r-400.1940 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1940}

Rule 40. (1) A licensee shall promptly report to a child’s parent both of the following:

(a) Any incidents, accidents, suspected illness, or other changes observed in the health of a child.

(b) A child who is exposed to a communicable disease so the child may be observed for symptoms of the disease.

(2) A licensee shall isolate a child who is too ill to remain in the group in an area where the child can be supervised and made as comfortable as possible.

(3) Bedding, toys, utensils, toilets, and lavatories, used by an individual who is ill, must be appropriately cleaned and sanitized before being used by another individual.

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1941 Department notification required; incidents; injury; accident, illness, death, or fire {#sec-r-400.1941 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1941}

Rule 41. (1) A licensee shall make a verbal, electronic, or email report to the department within 24 hours of the occurrence of any of the following:

(a) A child is lost or left unsupervised.

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

(d) A fire on the premises of the child care home that requires the use of fire suppression equipment or results in loss of life or property.

(e) The child care home is evacuated for any reason.

(2) If a child in care dies, a licensee 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.

(3) A licensee shall make a verbal, electronic, or email report to the department within 24 hours of notification by a parent that a child received medical attention or was hospitalized for an injury, accident, or medical condition that occurred while the child was in care.

(4) A licensee shall submit a written or electronic report to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a manner as prescribed by the department, within 72 hours of the verbal or electronic report to the department.

(5) A licensee shall keep a copy of the report on file for a minimum of 2 years.

PART 5. PROGRAM AND CARE

History

History: 2005 AACS; 2009 AACS 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1942 Discipline {#sec-r-400.1942 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1942}

Rule 42. (1) A licensee shall develop, implement, and have on file a written policy regarding the age-appropriate, non-severe discipline of children.

(2) Developmentally appropriate positive methods of discipline that encourage selfcontrol, self-direction, self-esteem, and cooperation must be used.

(3) Personnel and volunteers shall not do any of the following:

(a) Hit, spank, shake, bite, pinch, or inflict other forms of corporal punishment on a child.

(b) Use any substance in a child’s mouth including, but not limited to, soap, hot sauce, or vinegar.

(d) Inflict mental or emotional stress on a child, such as humiliating, shaming, threatening a child, or using derogatory remarks.

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

(f) Exclude a child from outdoor play or other gross motor activities. This does not prohibit redirecting a child during these activities as a strategy that helps prevent challenging behaviors before they escalate or continue.

(g) Exclude a child from daily learning experiences.

(h) Isolate a child in an adjacent room, closet, locked room, box, hallway, darkened area, play area, or another area where the child cannot be seen or supervised.

(4) Time out must only be used in combination with instructional approaches that teach children what to do in place of the behavior problem and must adhere to the following requirements:

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

(b) Staff shall remain calm when placing the child in time out.

(5) A non-severe and developmentally appropriate restraint for an enrolled child with special behavioral or mental health issues may be used when reasonably necessary, based on a child’s development, to prevent a child from harming themselves or to prevent a child from harming other individuals or property, excluding those forms of punishment prohibited by subrule (3) of this rule. The plan for when the restraint should be initiated, the actual use of the restraint such as holding the child as gently as possible, and timed use of the restraint, must be developed in collaboration with the parent or guardian with the parent or guardian giving final approval of the plan.

(6) This rule is not subject to the variance specified in R 400.1908.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1943 Daily activity program {#sec-r-400.1943 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1943}

Rule 43. (1) Staff shall engage in positive interactions with children. For infants and toddlers, interactions include, but are not limited to, both of the following:

(a) Nurturing contact, such as talking to, holding, rocking, cuddling, and giving eye contact throughout the day and during daily routines such as feeding and diapering.

(b) Promptly responding to a child's cries and other signs of distress.

(2) A licensee shall plan daily activities so that each child may do any of the following:

(a) Develop and use language.

(b) Develop and use large and small muscles.

(d) Learn new ideas and skills.

(e) Participate in imaginative play.

(f) Rest, sleep, or both.

(3) All of the following developmentally appropriate opportunities must be provided daily:

(a) A balance of active and quiet play, group and individual activities.

(b) Indoor and outdoor play, except during inclement or extreme weather, or unless otherwise ordered by a healthcare provider.

(d) Early math and science experiences.

(4) Media must be limited to not more than 2 hours per day and to programs designed for children's education, enjoyment, or both. Other activities must be available to children during television and movie viewing.

(5) Media with violent or adult content, including soap operas, must not be allowed in child-use space while children are in care.

(6) Media used by children in care must be suitable to the age of the child in terms of content and length of use.

(7) For children with a disability, a licensee shall work with the parents, medical personnel, or other relevant professionals to provide care in accordance with the child's identified needs and learning supports.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1944 Nighttime care {#sec-r-400.1944 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1944}

Rule 44. (1) In a child care home where children are in care between the hours of midnight and 5 a.m., not more than 2 adjoining floor levels may be used at any 1 time for children in care who are sleeping.

(2) If child care staff members and children in care are sleeping, at least 1 child care staff member shall be on the same floor level as the sleeping children.

(3) Child care homes shall not use a third or higher floor as a resting or sleeping area for children in care unless there are 2 stairways to ground level.

(4) If nighttime care is provided for more than 1 hour, children shall sleep in ageappropriate cribs, portable cribs, mats, cots, or beds. Play yards are not allowed for nighttime care.

(5) A child shall be allowed to go back to sleep when dropped off during any nighttime care hours.

PART 6. FIRE SAFETY

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1945 Heat-producing equipment {#sec-r-400.1945 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1945}

Rule 45. (1) All fuel-fired and heat-producing equipment must be maintained in a safe condition and shielded to protect against burns. This subrule applies to all of the following:

(a) A furnace.

(b) A water heater.

(d) A radiator and pipes.

(e) Wood burning equipment.

(2) Combustible materials and equipment must not be stored within 3 feet of furnaces, other flame or heat-producing equipment, or fuel-fired water heaters.

(3) Portable heating devices must not be used when children are in care.

(4) Furnaces, other flame or heat-producing equipment used to heat the child care home when children are in care, and fuel-fired water heaters must be inspected by 1 of the following entities:

(a) A licensed heating contractor for a fuel-fired furnace.

(b) A licensed heating contractor or licensed plumbing contractor for a fuel-fired water heater.

(c) A mechanical inspector for the local jurisdiction or licensed mechanical inspector for a wood stove or other solid fuel appliance.

(5) The inspection specified in subrule (4) of this rule must be conducted before the initial license is issued and every 4 years at the time of license renewal.

(6) For outdoor wood stoves or open-air wood boilers, the initial installation inspection by a local heating or mechanical inspector must meet the requirements of this rule.

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1946 Electrical service; maintenance {#sec-r-400.1946 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1946}

Rule 46. (1) The electrical service of a child care home must be maintained in a safe condition. When warranted, an electrical inspection by an electrical inspecting authority may be required.

(2) All electrical outlets, including outlets on multiple outlet devices, accessible to children must have safety covers or be tamper resistant outlets.

(3) Electrical cords must be arranged so they are not hazardous to children.

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1947 Exit requirements for each floor level used by children {#sec-r-400.1947 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1947}

Rule 47. (1) A child care home shall have not less than 2 remotely located exits for every floor level occupied by children.

(2) At least 1 exit from each floor level must provide a direct, safe means of unobstructed travel to the outside at street or ground level.

(3) A window may be used as a second exit if it complies with all of the following:

(a) Is accessible to children, personnel, and volunteers.

(b) Is clearly identified.

(d) Is of a size and design to allow for the evacuation of all children, personnel, and volunteers.

(4) If a level of a child care home that is above the second floor is used for children in care, the building must be of 1-hour-fire-resistive construction and have 2 stairways to ground level. At least 1 of the required stairways and all other vertical openings must be enclosed by, at a minimum, 1-hour-fire-resistive construction to provide a protected means of egress direct to the outside at ground level.

(5) All exits must be unobstructed and accessible at all times that children are in care.

(6) The means of egress must be adequately lit at all times that children are in care.

(7) Doors located in a required path of escape must be readily openable from the side of egress without the use of a key or special knowledge. Double cylinder locks, keyoperated locks, and similar devices are not allowed on any door in a required path of escape.

(8) Interior door hardware must be designed to allow opening from the outside during an emergency if locked.

(9) All closet door latches must be of the design so that children can open the door from inside the closet.

(10) A room or space, including an attic, that is accessible only by a ladder or folding stairway or through a trapdoor must not be used by children in care.

(11) For a basement window exit that is over 44 inches above floor level and approved before January 1, 2006, only steps and platforms must be used to access the window exit, and they must be permanently secured to the wall or floor. Ladders must not be used as a means for exiting.

(12) An emergency escape window to the outside is required for basements approved for child-use after January 1, 2006. All of the following provisions apply:

(a) The total unobstructed window area for egress must be not less than 5 square feet.

(b) The unobstructed opening must be not less than 20 inches wide.

(d) The bottom of the opening must be not more than 44 inches above the floor.

(e) If the sill height is below grade, it must open into a window well with not less than 9 square feet of area, 3 feet in length and 3 feet in width. The area of the window well must allow the emergency escape window to be fully opened. If the well depth is over 44 inches, it must have permanently affixed steps that are approved by the local building inspector.

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1948 Smoke detectors; fire extinguishers {#sec-r-400.1948 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1948}

Rule 48. (1) Operable smoke detectors approved by a nationally recognized testing laboratory must be installed and maintained on each floor of the child care home, including the basement, and in all sleeping areas and bedrooms used by children in care.

(2) Heat detectors may be utilized in kitchens.

(3) A child care home shall have at least 1 functioning multipurpose fire extinguisher, with a rating of 2A-10BC or larger, properly mounted not higher than 5 feet from the floor to the top of the fire extinguisher, on each floor level approved for child-use.

PART 7. TRANSPORTATION

History

History: 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1951 Transportation {#sec-r-400.1951 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1951}

Rule 51. (1) A vehicle used to transport children in care must be maintained in a good and safe working condition.

(2) A licensee shall ensure that the driver of a vehicle transporting children is an adult, who has a valid driver's license, valid vehicle registration, and proof of current automobile insurance.

(3) A licensee shall notify the parents in advance when drivers other than child care staff members are used to transport children.

(4) If the driver will have unsupervised access to children or counted in child to staff ratios, the driver shall complete a comprehensive background check and be determined eligible by the department in compliance with section 5n of the act, MCL 722.115n.

(5) Each child passenger restraint device and each safety belt must be installed, anchored, and used according to the manufacturer's specifications and must be maintained in a safe working condition.

(6) The transportation of all children must be conducted pursuant to state law.

(7) Each child transported shall remain seated and properly restrained by a child passenger restraint device appropriate for the child’s age. The manufacturer's rated seating capacity for the vehicle must not be exceeded.

(8) A licensee shall provide a driver with a copy of the child information card, or comparable facsimile, for each child being transported in a vehicle.

(9) The driver of each vehicle transporting children shall carry in the vehicle and be familiar with the contents of a first aid kit. The first aid kit must contain, at a minimum, all of the following:

(a) Adhesive tape.

(b) Bandages of assorted sizes.

(d) Disposable gloves.

(e) Gauze pads and roller gauze of assorted sizes.

(f) Hand sanitizer.

(g) Plastic bags.

(h) Scissors and tweezers.

(i) Triangular bandage.

(10) If the driver is counted in child to staff ratios, the driver shall comply with R 400.1923 and R 400.1924.

History

History: 2005 AACS; 2009 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1952 Child transportation; parent permission; child information card; required when off-premises {#sec-r-400.1952 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1952}

Rule 52 (1) A licensee shall obtain and keep on file written permission from a child's parent before a child is transported in a vehicle. Written permission must be obtained for both of the following:

(a) Routine transportation, at least annually.

(b) Nonroutine transportation, before each trip.

(2) At the time of initial enrollment, a licensee shall obtain written permission from a child’s parent for the child to go on field trips that do not involve a vehicle including, but not limited to, walking to a park or in the neighborhood.

(3) A licensee shall have a copy of each child's information card and a first aid kit, containing the items listed in R 400.1951(9), accessible at all times when children leave the premises.

History

History: 2005 AACS; 2009 AACS; 2019 AACS.

Mich. Admin. Code R 400.1961 Rescinded {#sec-r-400.1961 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1961}

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1962 Rescinded {#sec-r-400.1962 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1962}

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

Mich. Admin. Code R 400.1963 Rescinded {#sec-r-400.1963 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.1963}

History

History: 2005 AACS; 2019 AACS; 2026 MR 8, Eff. April 27, 2026.

R 400.8101 to R 400.8840 Licensing Rules for Child Care Centers

Mich. Admin. Code R 400.8101 Definitions; A to I {#sec-r-400.8101 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8101}

DEPARTMENT OF LIFELONG EDUCATION, ADVANCEMENT, AND

POTENTIAL

CHILD CARE LICENSING BUREAU

LICENSING CHILD CARE CENTERS

(By authority conferred on the director of the department of lifelong education, advancement, and potential by section 2 of 1973 PA 116, MCL 722.112, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2004-4, 2015-1 and 2023-6, MCL 330.3101, 445.2001, 445.2011, 400.226, 400.227 and 388.1283)

PART 1. DEFINITIONS, LICENSING PROCESS, PROCEDURES, AND

RECORDS

Rule 101. (1) As used in these rules:

(a) “Accredited college or university” means a college or university that is accredited by a regional or national institutional accrediting association recognized by the United States Department of Education.

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

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

(i) “Infant” means a child from birth until 1 year of age.

(ii) “Toddler” means a child who is 1 year of age until 30 months of age.

(iii) “Preschooler” means a child who is 30 months of age until eligible to attend a grade of kindergarten or higher.

(iv) “School-aged” means a child who is eligible to attend a grade of kindergarten or higher, but less than 13 years of age. A child is considered school-aged on the first day of the school year in which the child is eligible.

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

(f) “Biocontaminant” means bodily fluids such as urine, feces, saliva, vomit, blood, nasal discharge, eye discharge, and injury or tissue discharge.

(g) “Center” means an early childhood center, school-age child care center, outdoor nature-based child care center, or a small capacity child care center.

(h) “Certified playground safety inspector” means an individual certified by the national playground safety institute or the national program for playground safety to conduct playground safety inspections.

(i) “CEU” means a continuing education unit awarded by an accredited college or university sponsor of continuing education units or state continuing education clock hour awarded by the state board of education.

(j) “Child care administration” means educational courses in child care administration, education administration, educational leadership, or business administration.

(k) “Child care background check system” means the database maintained by the department to document a comprehensive background check and eligibility determination pursuant to section 5n of the act, MCL 722.115n.

(l) “Child development associate credential” means a credential awarded by the council for professional recognition or a similar credential approved by the department.

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

(i) For an early childhood program administrator and lead teacher, academic courses in elementary education, child guidance, child counseling, child psychology, family studies, environmental or outdoor education, social work, or special education.

(ii) For a school-age program administrator, academic courses in early childhood education, elementary education, secondary education, educational leadership, special education, physical education and recreation, child development, child guidance, child counseling, child psychology, family studies, environmental or outdoor education, social work, human services, or youth development.

(n) “Clean” means removing dirt, food, soil, and other types of debris by scrubbing and washing with a detergent solution and rinsing with water.

(o) “Communicable disease” means an infectious disease that is transmissible from person to person by direct contact with an infected individual or the individual's discharges, or by indirect means through a vector. Communicable disease includes, but is not limited to, all of the following:

(i) Chicken pox.

(ii) Hand, foot, and mouth disease.

(iii) Influenza.

(iv) Measles.

(v) Mumps.

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

(vii) Rubella.

(viii) Tuberculosis.

(p) “Comprehensive background check” means a department review of an individual pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q.

(q) “Continuously employed child care staff member” means an individual who has not been disconnected from the child care background check system for a period of more than 180 days and has continuously resided in this state as referenced in section 5n(15) and (16) of the act, MCL 722.115n.

(r) “Degrees and semester hours” means only those degrees and hours from an accredited college or university.

(s) “Department” means the department of lifelong education, advancement, and potential.

(t) “Developmentally appropriate” means age appropriate and appropriate to the individual child.

(u) “Disinfect” means destroying any remaining germs on surfaces after cleaning using a stronger bleach solution or an EPA-registered disinfecting product as described on the label.

(v) “Early childhood center” means a child care center that serves children less than 13 years of age. It does not include a school-age child care center, outdoor nature-based child care center, or a small capacity child care center.

(w) “Early childhood program administrator” means a child care staff member who is the program administrator of an early childhood center and can be counted in child staff member to child ratios.

(x) “Easily cleanable” means that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

(y) “Experience” means paid and unpaid experience serving the ages and developmental abilities of children for which the center is licensed.

(z) “Field trip” means children, program staff or volunteers, or both, leaving the child care center premises for an excursion, trip, or program activity.

(aa) “First aid kit” means a kit containing, at a minimum, all of the following: sterile gauze pads of assorted sizes, a roll of gauze, adhesive bandages of assorted sizes, adhesive cloth tape, an elastic bandage, tweezers, and scissors. A first aid kit is prohibited from containing any non-prescription or prescription medications as described under R 400.8260.

(bb) “Group size” means the specified number of children assigned to a child care staff member or team of child care staff members occupying an individual classroom or well-defined space for each group within a larger room.

(cc) "Hand washing" means to cleanse the hands with soap and warm running water for not less than 20 seconds.

(dd) “Immediately available” means a program administrator, site administrator, parent, or guardian remains onsite at the address of the child care center.

(ee) “Independent service provider” means individuals who are not child care staff members, but render professional, therapeutic, or enrichment services within a child care center. Independent service providers include, but are not limited to, dance instructors, gymnastic or sports instructors, computer instructors, speech therapists, nutritionists, early interventionists, nurses and other licensed health care professionals, intermediate school district staff, local school district staff, departmental staff other than those responsible for inspecting centers, non-center affiliated bus drivers, cafeteria and maintenance personnel, electricians, plumbers, photographers, and other outside service providers. Independent service providers are not considered contract employees or selfemployed as described in the act as long as the independent service providers are supervised at all times by an eligible child care staff member while at the child care center when children are present.

(2) A term defined in the act has the same meaning when used in these rules.

Editor's Note: An obvious error in R 400.8101 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8102 Definitions; J to R {#sec-r-400.8102 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8102}

Rule 102. As used in these rules:

(a) “Lead teacher” means a child care staff member employed by the child care center for compensation who is responsible for organizing, guiding, and implementing activities in a group or individual basis, to further the cognitive, social, emotional, and physical development of children in a child care center and can be counted in child care staff member to child ratios.

(b) “Mandated reporter” means a licensee, licensee designee, staff, or volunteer who are required to immediately report child abuse or neglect or suspected child abuse and neglect as required by R 400.8213(1)(c).

(c) “Michigan school age or youth development associate credential” means a credential issued by the Michigan afterschool partnership in collaboration with or similar credential approved by the department.

(d) “MiRegistry” is the electronic data system for child care providers that is maintained by the department to verify and track employment, training, and educational accomplishments.

(e) “MiRegistry-approved training” means training that is submitted to MiRegistry by a MiRegistry approved trainer or MiRegistry training sponsor organization that meets the qualification for approval.

(f) “Montessori credential” means a credential issued by the Association Montessori International, American Montessori Society, or any Montessori teaching or training institution recognized by the Montessori Accreditation Council for Teacher Education that meets or exceeds 270 hours of academic training.

(g) “Multiple occupancy” means a building or structure where 2 or more classes of occupancy exist. Classes of occupancy include, but are not limited to, day-care occupancy, residential occupancy, or health care occupancy.

(h) “Natural playground” means an outdoor play area that blends natural materials, features, and vegetation, which can include tree logs, tree stumps, boulders, and plants.

(i) “Nighttime care” means care between the hours of midnight and 5 a.m.

(j) “On file” means accessible at the center or central office, as specified in these rules, via a hard copy or electronically unless otherwise stipulated in the rule.

(k) “Outdoor nature-based child care center” means a child care center that does all of the following:

(i) Serves preschool and school-age children.

(ii) Provides early learning service to the enrolled children in an outdoor natural space approved by the department for not less than 4 hours per day or 50% of the daily program hours, whichever is less, and may operate in an approved building during inclement weather.

(iii) Teaches a nature-based curriculum to enrolled children.

(l) “Parent” or “parental” means a child’s natural or adoptive parent who is legally responsible for the child or the child’s legal guardian.

(m) “Playspace” means a piece or pieces of age-appropriate toys, play equipment, and materials that 1 child can use independently for 15 minutes.

(n) “Portable crib” means a crib that can be folded or collapsed, without disassembly, to occupy a space less than it occupies when it is used. Products with mesh, fabric, or non-rigid sides, such as a bassinet or play yard, are not considered portable cribs.

(o) “Present at the center” means being physically at the center at any point when children are present.

(p) “Program administrator” means a licensee or child care staff member who is responsible for the general management of the center, ensures compliance with the act and these rules, and can be counted in child care staff member to child ratios. Program administrators include an early childhood program administrator, a school-age program administrator, and a small capacity center program administrator.

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

Program components include, but are not limited to, infant and toddler, preschool, and school-age care and education; nighttime care; food service; swimming; and transportation.

(r) “Program staff” means a teacher, lead teacher, substitute teacher, site administrator, staff-in-charge, program administrator, substitute program administrator, or other compensated employee of the center that has direct contact with children and can be counted in child care staff member to child ratios. Program staff does not include volunteers, therapeutic professionals, and independent service providers.

(s) “Routine transportation” means regularly scheduled travel on the same day of the week, at the same time, to the same destination. Any deviation is non-routine transportation.

History

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8103 Definitions; S to Z {#sec-r-400.8103 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8103}

Rule 103. As used in these rules.

(a) “Sanitize” means reducing the number of germs on surfaces after cleaning the item by using heat, sanitizing solution, sprays as directed on the label, or a weakened bleach solution.

(b) “School” means a building or part of a building that is owned or leased by, or under the control of, a public or private school or school system for the purpose of instruction pursuant to the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, which is occupied by 6 or more students, and which is used 4 or more hours per day or more than 12 hours per week.

(d) “School-age program administrator” means a child care staff member who is the program administrator of a school-age child care center and can be counted in child care staff member to child ratios.

(e) “Serious injury” means an injury that occurred while the child was in care that resulted in a child receiving medical attention by a health care provider.

(f) “Session” means 8 hours within a 24-hour day from midnight until 11:59 p.m. for centers operating 8 hours or more per day or 50% of the time open for centers operating less than 8 hours per day.

(g) “Site administrator” means a child care staff member appointed by the program administrator responsible for supervising the operation of the center when the program administrator is not on the center premises and can be counted in child care staff member to child ratios.

(h) “Small capacity center” means a child care center that receives 20 or fewer children less than 13 years of age.

(i) “Staff” means any compensated employee of a center that perform services for the child care center and has direct or indirect contact with children at the center. Staff includes the program administrator, substitute program administrator, site administrator, staff-in-charge, lead teacher, teacher, substitute teacher, and other paid employees at the center, such as the cook, driver, janitor, secretary, and bookkeeper. Staff does not include volunteers, therapeutic professionals, and independent service providers.

(j) “Staff-in-charge" means a child care staff member appointed by a program administrator of a single site when the program administrator is not on the premises and is responsible for supervising the operation of the center including, but not limited to, having the authority to respond to emergencies, inspections, parental concerns, and have access to all required information.

(k) “Standard precautions” means the use of barriers to handle potential exposure to biocontaminants, the process to clean and disinfect contaminated surfaces, and the process to dispose of biocontaminants.

(l) “Substitute teacher” means a child care staff member who is 16 years of age or older and is employed by the child care center, directly or indirectly, for compensation as a temporary replacement for a teacher and can be counted in child staff member to child ratios.

(m) “Supervised volunteer” means an individual 16 years of age or older, who provides service for a child care center that is not compensated, and who is supervised at all times when children are in care. A supervised volunteer cannot be counted in child staff member to child ratios.

(n) “Teacher” means a child care staff member who is 16 years of age or older and is employed by the child care center for compensation to further the cognitive, social, emotional, and physical development of children in a child care center and can be counted in child care staff member to child ratios.

(o) “Therapeutic professionals” means an independent service provider who provides therapeutic services in a child care center, including, but not limited to, speech therapists, nutritionists, early interventionists, nurses, and other licensed health care professionals who are employed by an intermediate school district or local school district to provide services in a child care center to a child with a disability that has an active individualized education program or individualized family service plan.

(p) “Unsupervised volunteer” means a child care staff member who is 16 years of age or older, provides service for a child care center that is not compensated, is determined eligible by the department to be unsupervised with children, and can be counted in child care staff member to child ratios.

(q) “Volunteer” means a supervised volunteer and an unsupervised volunteer.

(r) “Well-defined space” means space designed and used exclusively for a specific group of children.

History

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8104 Rule variances {#sec-r-400.8104 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8104}

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.

(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.

History

History: 2013 AACS; 2019 AACS.

Mich. Admin. Code R 400.8107 Applicant qualifications; license application; fees {#sec-r-400.8107 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8107}

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.

(d) Demonstrate a willingness and ability to comply with the act and these rules.

(2) An applicant for a license to operate a child care center shall complete, sign, and submit the department’s child care application, along with the applicable fee listed under section 5m of the act, MCL 722.115m, in the manner prescribed by the department.

(3) If the applicant elects a licensee designee the applicant shall also complete, sign, and submit the department’s child care licensee designee form in the manner prescribed by the department.

(4) Before issuance of the original license, and before the renewal of a license, an applicant or licensee shall comply with all applicable laws and rules.

(5) Before issuance of the original license, and before the renewal of a license, an applicant or licensee shall submit the certificate of occupancy.

(6) If the school-age center is established and operated by an intermediate school board, the board of a local school district, by the board or governing body of a stateapproved nonpublic school, or by a person or entity with whom a school contracts for services and is located in a school building that is approved by the state fire marshal or other similar authority for school purposes, an applicant or licensee is not required to submit a certificate of occupancy at original licensure or before the renewal of a license.

(7) Outdoor nature-based child care centers are exempt from subrule (5) of this rule, but the applicant or licensee shall provide both of the following before issuance of the original license, and before the renewal of a license:

(a) A location map including the location of the emergency shelter.

(b) Outdoor benefit-risk assessment.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8110 Applicant; licensee; licensee designee; requirements {#sec-r-400.8110 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8110}

Rule 110. (1) The licensee or licensee designee shall do all of the following:

(a) Act in a manner that is conducive to the welfare of children.

(b) Comply with sections 5n and 5q of the act, MCL 722.115n and 722.115q, which requires obtaining a comprehensive background check.

(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 to provide the services and facilities that are conducive to the welfare of children.

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

(a) The current license and, if applicable, the letter extending the license beyond the expiration date, and a copy of the last page of any variances granted.

(b) A copy of these rules must be made available to the parents.

(c) A notice stating that the center requires a comprehensive background check on its employees and unsupervised volunteers.

(4) There must be a current licensing notebook that includes all licensing inspections, special investigation reports, corrective action plans, approval letters for the last 3 calendar years, and a summary sheet outlining the documents contained in the notebook. The notebook must always be in a place accessible to parents and prospective parents during the center’s normal hours of operation, or if internet is available at the center, access may be provided through the department's electronic database of licensing records for the entity.

(5) Within 5 business days, the licensee shall notify the department of the separation of a licensee designee or program administrator, and a plan for replacement of the individual.

(6) A licensee or licensee designee with a center located in a multiple occupancy building shall comply with section 118e of the act, MCL 722.118e.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8112 Children’s records {#sec-r-400.8112 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8112}

Rule 112. (1) At the time of a child’s initial attendance, a center shall obtain a child information card, using a form provided by the department or a comparable substitute, that is completed, signed, and dated by the child’s parent and updated as changes occur.

The center shall keep current hard copies of the child information cards at the center.

(2) For children under school-age, at the time of a child’s initial attendance, a center shall document 1 of the following, accessed through the Michigan care improvement registry or in a paper format if the parent or guardian chooses to provide to the center in that manner:

(a) A certificate of immunization showing a minimum of 1 dose of each immunizing agent specified by the department of health and human services.

(b) A medical contraindication form signed by a medical doctor or doctor of osteopathic medicine stating why the child cannot receive immunizations.

(c) A copy of a non-medical waiver on the official form prescribed by the department of health and human services and documented in the Michigan care improvement registry and signed by the parent stating immunizations are not being administered due to religious, medical, or other reasons.

(d) A paper copy of a non-medical waiver on the official form prescribed by the department of health and human services signed by the parent stating immunizations are not being administered due to religious, medical, or other reasons.

(3) When a child under school-aged whose immunizations cannot be completed due to medical reasons, including, but not limited to, a dose waiting period, within 4 months after admittance, a child may remain enrolled for a reasonable length of time that is consistent with good medical practices. The center shall verify additional immunization requirements are current as specified by the department of health and human services unless there is a signed medical exemption filed certifying that the child is in the process of complying with all immunization requirements. The medical exemption must be on file with the center until it can be replaced with proof that the vaccines for which an exemption was granted have been received or the medical exemption has expired.

(4) A center shall report to the department of health and human services, by October 1 of each year and using the method established by the department of health and human services, immunizations for all children enrolled, pursuant to section 9211(2) of the public health code, 1978 PA 368, MCL 333.9211.

(5) A record of a physical evaluation performed within the preceding 13 months after initial attendance for infants, toddlers, and preschoolers must be retained on file and made accessible in the center within 30 days after a child’s initial attendance. The evaluation must note any restrictions and be signed by a physician or the physician’s designee. An electronic record from a physician’s office is accepted.

(6) Physical evaluations must be updated every 13 months for infants and toddlers, and every 2 years for preschoolers.

(7) For a school-age child, on enrollment and annually thereafter, a center shall obtain and keep on file at the center a signed statement from the parent confirming all of the following:

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

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

(c) The immunization record or appropriate waiver is maintained on file either in the Michigan care improvement registry or in paper format provided by the parent at the center. For a school-age child not enrolled in a public or private school, a licensed health care provider’s statement indicating the child is in the process of getting immunizations must be on file at the center.

(8) A center shall ensure that, if a parent objects to a physical examination or medical treatment on religious grounds, the parent provides a signed statement annually that the child is in good health and that the parent assumes responsibility for the child’s state of health while at the center.

(9) A center that enrolls a homeless child pursuant to section 722 of the McKinney- Vento homeless assistance act, 42 USC 11432, shall not be cited for noncompliance when a homeless child is unable to produce health and immunization records. The licensee shall keep on file at the center any documentation of referring a child to the local educational agency liaison for homeless children and youths.

(10) A center shall keep on file at the center an accurate record of daily attendance at the center that includes each child’s first and last name and each child’s arrival and departure time.

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

(12) A child shall be released to either parent or the child’s guardian unless a court order prohibits release to a particular parent. A copy of the order prohibiting release must be maintained on file at the center.

(13) A parent’s written permission for routine transportation must be obtained annually and maintained on file at the center.

(14) A parent’s written permission for the child’s participation in field trips must be obtained at the time of enrollment or before each field trip and maintained on file at the center.

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

(16) For outdoor nature-based child care centers, a signed waiver by the parent that acknowledges and accepts the potential hazards and risks associated with the center must be maintained on file at the center.

History

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8112a Center records {#sec-r-400.8112a omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8112a}

Rule 112a. (1) The center shall maintain accurate records detailing daily arrival and departure times for each staff member, volunteers, therapeutic professionals, and independent service providers.

(2) The center shall designate and keep current, in the manner prescribed by the department, the title designations of teacher, lead teacher, site administrator, program administrator, substitute teacher, unsupervised volunteer, supervised volunteer, or other staff member for each individual working at the center.

(3) The records required by the act and these rules must be retained on file at the center or at the central office, as specified in the rules, for a minimum of 2 calendar years or longer as specified in these rules and made available to the department on request.

Verification of records must be conducted by reviewing the 2 previous calendar years from the current license renewal year.

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

(a) The name, address, and telephone number for each child enrolled and each staff member and unsupervised volunteer for not less than 2 years after the individual leaves the center.

(b) Staff and unsupervised volunteer documentation of qualifications must be retained for not less than 2 years after the individual leaves the center.

History

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8112b Rescinded {#sec-r-400.8112b omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8112b}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8113 Information provided to parents {#sec-r-400.8113 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8113}

Rule 113. (1) A center shall provide a handbook, electronically or hard copy, to each parent enrolling a child that includes at least all of the following:

(a) Criteria for admission and withdrawal.

(b) Schedule of operation that denotes the hours, days, and holidays during which the center is open and services are provided.

(d) Discipline policy.

(e) Food service policy.

(f) Program philosophy.

(g) Typical daily routine.

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

(i) Transportation policy, if applicable.

(j) Medication policy.

(k) Exclusion policy for child illnesses.

(l) Notice of the availability of the center’s licensing notebook and that it contains the items described in R 400.8110(4).

(2) Documentation that the parent received the handbook, as required by subrule (1) of this rule, must be maintained on file at the center.

(3) For infants and toddlers, a center shall provide parents with a written daily record that includes at least the following information:

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

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

(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.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8116 Rescinded {#sec-r-400.8116 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8116}

History

History: 2013 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8119 Rescinded {#sec-r-400.8119 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8119}

PART 2. SPACE AND EQUIPMENT

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8121 Indoor space {#sec-r-400.8121 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8121}

Rule 121. (1) The required square footage of indoor space per child must be at least the following:

(a) Forty-two square feet for infants and toddlers.

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

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

(a) Hallways.

(b) Bathrooms.

(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.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8122 Rescinded {#sec-r-400.8122 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8122}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8125 Outdoor play area {#sec-r-400.8125 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8125}

Rule 125. (1) The outdoor play area is considered an outdoor classroom and an extension of the learning environment.

(2) A center operating with children in attendance for 3 or more continuous hours per day shall provide daily outdoor play, unless prevented by inclement weather or other weather conditions that could result in children becoming overheated or excessively chilled.

(3) A center operating with children in attendance for 3 or more continuous hours a day shall have an outdoor play area that has not less than 1,200 square feet. More than 1,200 square feet of outdoor play area may be required when the minimum amount is not adequate for the number of children for which the center is licensed.

(4) If outdoor space is not available adjacent to the center, a center may use a park or other 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.

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

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

(7) The outdoor play area must be protected from hazards, when necessary, by a fence or natural barrier that is not less than 48 inches in height.

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

(9) An outdoor play area and any equipment located on the center’s premises must be maintained in a safe condition and inspected daily before use to ensure that no hazards are present.

(10) The playground equipment, use zones, and surfacing in the outdoor play area must be inspected by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, on request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the department on request and keep it on file at the center. All equipment present on a center playground must comply with one of the following:

(a) Centers licensed after January 1, 2014 are required to obtain documentation of compliance with the 2010 edition of the Consumer Protection Safety Commission Handbook for Public Playground Safety for all playground equipment, including equipment for children under age 2. The 2010 edition of the Consumer Protection Safety Commission Handbook for Public Playground Safety from the United States Consumer Product Safety Commission is adopted by reference and applies only to this subdivision of this subrule. This handbook can be obtained for free from the United States Consumer Product Safety Commission’s website at https://www.cpsc.gov/safety-education/safetyguides/playgrounds/public-playground-safety-handbook, or from the United States Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 20814. This handbook can be inspected and obtained at no charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.

(b) Centers licensed prior to January 2, 2014 were required to obtain documentation of compliance with the Consumer Product Safety Commission’s 1997 edition of the Handbook for Public Playground Safety for equipment for children age 2 and older. The 1997 edition of the Consumer Protection Safety Commission Handbook for Public Playground Safety from the United States Consumer Product Safety Commission is adopted by reference and applies only to this subdivision of this subrule.

This handbook can be obtained for free from the United States Consumer Product Safety Commission’s website at https://files.eric.ed.gov/fulltext/ED427507.pdf, or from the United States Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 20814. This handbook can be inspected and obtained at no charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.

(11) All pieces of playground equipment that have an elevated playing or climbing surface, regardless of the height of the playing or climbing surface, must be surrounded by a shock absorbing surface and meet the guidelines defined by the United States Consumer Product Safety Commission Handbook for Public Playground Safety. The shock absorbing surface material may be either unitary or the loose-fill type. An exception to this subrule is provided for natural playgrounds.

(12) Shock-absorbing surfacing materials are not required for equipment that requires a child to be standing or sitting on the ground during play.

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

(14) The depth of the loose-fill surface material must be restored to its required depth when it has moved or becomes otherwise compromised.

(15) If children’s wheeled vehicles and pull toys are used, a suitable surface must be provided for their use.

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

(17) The elevated playing surface of materials used on a natural playground must not exceed 30 inches.

(18) Materials used on a natural playground with elevated playing surfaces must not be installed over concrete or asphalt.

(19) Surfacing materials are not required under elevated playing surfaces on a natural playground.

(20) A small capacity center is exempt from subrules (3), (10), and (11) of this rule.

(21) Small capacity centers shall abide by all of the following:

(a) Provide a clean, safe, and hazard-free outdoor play area on the premises or within a reasonable walking distance of the center.

(b) Inspect the outdoor play areas daily before use to ensure that no hazards are present.

(d) Provide an adequate and varied supply of outdoor play equipment, materials, and furniture that meets all of the following requirements:

(i) Appropriate to the developmental needs and interests of children.

(ii) Appropriate to the number of children.

(iii) Safe and in good repair.

(e) The outdoor play area and equipment must be organized to meet all of the following requirements:

(i) To separate active and quiet activities.

(ii) For a clear and unobstructed view of the whole play area.

(iii) To ensure that there are safe distances between equipment.

(f) Playground equipment including, but not limited to, swings, climbers, and slides with a designated play surface above 30 inches must meet all of the following requirements:

(i) Not be placed over concrete, asphalt, or a similar surface, such as hard-packed dirt or grass.

(ii) Be safe, in good repair, and age appropriate.

(iii) Be placed not less than 6 feet from the perimeter of other play structures or obstacles.

(g) If the playground includes commercial playground equipment, the center needs a playground inspection by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, on request of the department, and before using any newly added playground equipment.

The center shall provide documentation of the inspection to the department on request and keep it on file at the center.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8128 Rescinded {#sec-r-400.8128 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8128}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8131 Equipment {#sec-r-400.8131 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8131}

Rule 131. (1) A center shall not use equipment, toys, materials, and furnishings recalled or identified by the United States Consumer Product Safety Commission as being hazardous. This information is available free of charge at the United States Consumer Product Safety Commission website, www.cpsc.gov.

(2) The current list of unsafe children’s products must be conspicuously posted in the center as an actual hard copy or electronic access to the Consumer Product Safety Commission or its successor’s list of recalled children’s products, pursuant to section 15 of the children’s product safety act, 2000 PA 219, MCL 722.1065.

(3) Materials that have a warning label indicating the materials are toxic for children, or to keep out of reach of children, must not be used by children.

(4) Play equipment, materials, and furniture must be all of the following (a) Appropriate to the developmental needs and interests of children as required by R 400.8271(2).

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

(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.

(d) Discovery and exploration.

(e) Early math and science experiences.

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

(8) A current and accurate equipment inventory must be provided to the department before issuance of the original license and updated and made available at each renewal.

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

(10) A rocking chair or other comfortable, adult-sized seating must be provided for 50% of the program staff on duty who are providing infant and toddler care.

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

(12) Teething necklaces, bracelets, or beads must not be used by children in care at the child care center.

(13) Specialized equipment prohibited by these rules may be used by a child if specified in their individualized family service plan or individualized education program and in the manner described in their individualized family service plan or individualized education program.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8134 Sleeping Equipment {#sec-r-400.8134 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8134}

Rule 134. (1) All bedding and sleeping equipment must be appropriate for the child, clean, comfortable, safe, and in good repair.

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

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

(4) A crib, portable crib, cot, or mat, and a sheet or blanket of appropriate size must be provided for all toddlers and preschoolers less than 3 years of age in care.

(5) Along with a cot or a mat, a sheet or blanket of appropriate size must be provided as follows:

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

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

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

(7) Documentation from the child’s licensed health care provider is required if a child has a health issue or special need that requires the child to sleep in something other than a crib or portable crib for infants or toddlers, or cot or mat for toddlers. The documentation must include specific sleeping instructions and time frames for how long the child needs to sleep in this manner, including an end date.

(8) Swaddling with a sleep sack swaddle attachment or swaddle wrap is allowed only for infants up to 2 months of age. If a child has a health issue or special need that requires the child use a swaddle attachment or swaddle wrap after the child is 2 months of age, documentation from the child’s licensed health care provider is required. The documentation must include specific sleeping instructions and time frames for how long the child needs to sleep in this manner, including an end date.

(9) A center shall not use stacking cribs.

(10) Cribs and portable cribs must comply with the federal product safety standards issued by the United States Consumer Product Safety Commission.

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

(12) A tightly fitted bottom sheet must cover the crib or portable crib mattress with no additional padding placed between the sheet and mattress.

(13) Soft objects, bumper pads, stuffed toys, blankets, quilts, comforters, and other objects that could smother a child must not be placed in, or within reach of, a crib or portable crib with a resting or sleeping infant.

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

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

(16) All sleeping equipment and bedding must be cleaned and sanitized when soiled, between uses by different children, and at least once a week regardless of use by different children.

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

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

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

(18) All occupied cribs, portable cribs, cots, and mats must be placed in a manner that there is a free and direct means of egress and be spaced as follows:

(a) Cribs and portable cribs must be not less than 2 feet apart when occupied. Cribs or portable cribs with solid-panel ends may be placed end-to-end.

(b) Cots and mats must be not less than 18 inches apart.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8137 Telephone service {#sec-r-400.8137 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8137}

Rule 137. (1) An operable phone must be available and accessible onsite during the hours the center is in operation.

(2) During the hours the center is in operation, a phone number known to the public and available to parents to provide immediate access to the center must be provided.

(3) Emergency phone numbers, including 911, fire, police, Michigan Mental Health Hotline (866-903-3787), and the poison control center, and the facility’s physical address and 2 main cross streets, must be conspicuously posted in a place visible to staff. For outdoor nature-based centers, emergency phone numbers including, 911, fire, police, and the poison control center, and the emergency location for emergency medical services to arrive must be available to all staff at all times while in operation and caring for children.

Editor's Note: An obvious error in R 400.8137 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 19.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8140 Water supply; plumbing {#sec-r-400.8140 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8140}

Rule 140. (1) The water system must comply with the requirements of the local health department.

(2) Plumbing must be designed, constructed, installed, and maintained to prevent cross-connection with the water system.

(3) Sinks, toilet rooms, drinking fountains, and other water outlets must be supplied with safe water sufficient in quantity and pressure to meet conditions of peak demand.

(4) All plumbing fixtures and water and waste pipes must be properly installed and maintained in good working condition.

(5) Each water heater must be equipped with a thermostatic temperature control and a pressure relief valve, both of which must be in good working condition.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8143 Toilets; hand washing sinks {#sec-r-400.8143 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8143}

Rule 143. (1) A center shall provide toilet and hand washing sinks as follows:

(a) A center operating with children toddler age or older in attendance less than 5 continuous hours a day shall provide at least 1 toilet and 1 hand washing sink for every 20 children toddler age or older or fraction thereof.

(b) A center operating with children toddler age or older in attendance 5 or more continuous hours a day shall provide at least 1 toilet and 1 hand washing sink for every 15 children toddler age or older or fraction thereof.

(2) Any center that is new, adds an infant and toddler component, or increases the infant and toddler capacity shall have a diapering area with a readily accessible, designated hand washing sink.

(3) A separate hand washing sink is required in the kitchen for all of the following:

(a) A new center with a food service component.

(b) A center with a food service component that remodels the kitchen.

(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.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8143a Outdoor nature-based child care center toilets; hand washing sinks {#sec-r-400.8143a omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8143a}

Rule 143a. (1) Outdoor nature-based child care centers are exempt from R 400.8143.

(2) Outdoor nature-based child care centers shall have access to the use of toileting facilities in a public park or nature center if the bathrooms are checked for cleanliness and safety before the children’s use and the toilet seats, sinks, or other surfaces that children touch are cleaned and disinfected daily.

(3) For the toileting options described in subrule (2) of this rule and to ensure successful toileting and handwashing practices, a center shall ensure children have independent access to sufficient toilets, urinals, toilet paper, handwashing equipment, and staff support.

(4) Centers shall include a toileting policy in the parent handbook.

Editor's Note: An obvious error in R 400.8143 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8146 Sewage disposal {#sec-r-400.8146 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8146}

Rule 146. (1) Sewage and other water-carried wastes must be disposed of through a municipal or private sewer system.

(2) Private sewer and septic systems must be designed and operated to safely dispose of all wastewater generated, be adequate in size for the projected use, and meet the criteria of the local health department.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8149 Garbage and refuse {#sec-r-400.8149 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8149}

Rule 149. (1) All garbage must be removed from the center daily.

(2) Garbage containers must be washed when soiled.

(3) Garbage stored outside must be in sealed plastic bags in watertight containers with tight-fitting covers or in a covered dumpster.

(4) Outside garbage and refuse must be picked up or removed at a minimum of once a week.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8152 Heating; temperature {#sec-r-400.8152 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8152}

Rule 152. (1) The temperature in child use areas must be maintained at a safe and comfortable level so that children in care do not become overheated or chilled.

(2) The indoor temperature must be not less than 68 degrees Fahrenheit in child use areas at a point 2 feet above the floor.

(3) If indoor temperatures exceed 82 degrees Fahrenheit, a center shall take measures to cool the children.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8155 Light, ventilation, and screening {#sec-r-400.8155 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8155}

Rule 155. (1) The total ventilation area in every habitable room, as provided by openable windows, must be not less than 4.5% of the floor area, unless central air conditioning is provided.

(2) If ventilation is dependent on a mechanical system, the system must be on at all times while the building is occupied and comply with the ventilation requirements of the applicable mechanical code of the authority having jurisdiction.

(3) Windows and doors used for ventilation must be supplied with screening of not less than 16 mesh, which must be maintained in good repair. This subrule does not apply to child care programs operating in school buildings.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8158 Premises {#sec-r-400.8158 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8158}

Rule 158. (1) The center shall be located on land that provides good natural drainage or that is properly drained.

(2) Stairs, walkways, ramps, landings, and porches must meet all of the following requirements:

(a) If elevated, have barriers to prevent falls and handrails designed and constructed for use by children.

(b) Be maintained in a safe condition relative to the accumulation of water, ice, or snow and have nonslip surfacing.

(c) Landings must be located outside exit doors where steps or stairs are necessary and be at least as wide as the swing of the door.

(d) Stairway steps must be not more than 8 inches in height, with a minimum tread depth of 9 inches.

(e) Ramps, if used, must have a minimum rise-to-run ratio of 1-to-12.

(3) Doors opening to the outside must not be propped open.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8161 Maintenance of premises {#sec-r-400.8161 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8161}

Rule 161. (1) The premises must be maintained in a clean and safe condition and must not pose a threat to health or safety.

(2) The premises must be maintained so as to eliminate and prevent rodent and insect harborage.

(3) Roofs, exterior walls, doors, skylights, and windows must be weathertight and watertight and maintained in sound condition and good repair.

(4) Floors, interior walls, and ceilings must be maintained in sound condition, good repair, and maintained in a clean condition.

(5) There must be no flaking or deteriorating paint on interior and exterior surfaces or on equipment accessible to children.

(6) All toilet room floor surfaces must be easily cleanable and constructed and maintained so as to be impervious to water.

(7) Light fixtures, vent covers, wall-mounted fans, and similar equipment attached to walls and ceilings must be easily cleanable and maintained in good repair.

(8) A lead-based paint inspection and lead hazard risk assessment along with a lead hazard risk assessment summary form provided by the department must be completed by a certified lead risk assessor on all centers built before 1978. The assessment must be completed for all child use areas, including any outdoor play areas. Any lead hazards identified must be addressed and lead clearance must be performed and results provided to the department before issuance of the original license. The results of the assessment or assessments and the summary form or forms must be maintained on file at the center.

(9) If a center is located in a new addition to a building constructed before 1978 and the older part of the building is never used by children in care, the center is exempt from subrule (8) of this rule if the center submits a statement to the department that the part of the building constructed before 1978 will not be used by children in care.

(10) A center shall adopt and implement an integrated pest management policy pursuant to section 8316 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8316.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8164 Poisonous or toxic materials {#sec-r-400.8164 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8164}

Rule 164. Containers of poisonous or toxic materials must be clearly labeled for easy identification of contents and stored out of reach of children. This includes chemical sanitizers and disinfectants.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8167 Smoking or vaping {#sec-r-400.8167 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8167}

Rule 167. (1) Smoking and vaping must not occur at any time in or during both of the following:

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

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

(2) A center shall post a notice in a place accessible and visible to parents, staff, and visitors stating that smoking and vaping are prohibited in the center and on the center’s property.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8170 Rescinded {#sec-r-400.8170 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8170}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8173 Rescinded {#sec-r-400.8173 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8173}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8176 Rescinded {#sec-r-400.8176 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8176}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8179 Rescinded {#sec-r-400.8179 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8179}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8182 Rescinded {#sec-r-400.8182 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8182}

History

History: 2013 AACS; 2019 AACS; 2022 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8185 Rescinded {#sec-r-400.8185 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8185}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8188 Rescinded {#sec-r-400.8188 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8188}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8191 Rescinded {#sec-r-400.8191 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8191}

PART 3. STAFFING

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8201 Comprehensive background check; fingerprinting {#sec-r-400.8201 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8201}

Rule 201. (1) Pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q, before an individual has unsupervised contact with children, the department shall determine the individual’s eligibility to be any of the following:

(a) A licensee.

(b) A licensee designee.

(d) An unsupervised volunteer.

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

(a) Ensure that each individual who requires an eligibility determination completes, signs, and submits all of the information required in subrule (5) of this rule, and in subrule (6) of this rule if applicable, on a form prescribed by the department.

(b) Maintain on file at the center or the central office, a copy of the completed and signed form or forms for each individual entered into the child care background check system under the license.

(d) Establish and activate an account and accurately enroll each individual listed in subrule (1) of this rule in the child care background check system.

(e) Complete and maintain the connection, disconnection, or withdrawn status of each individual associated with the license within the department’s child care background check system.

(f) Immediately disconnect each individual within the department’s child care background check system once the individual is no longer a licensee, licensee designee, child care staff member, or an unsupervised volunteer under the license.

(3) An individual may serve as a child care staff member pending an eligibility determination by the department pursuant to sections 5n(8) and 5q of the act, MCL 722.115n and 722.115q, and shall always be supervised by the licensee or an eligible child care staff member.

(4) For an individual who is determined ineligible by the department, a licensee shall immediately do all of the following:

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

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

(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.

(d) Social Security number.

(e) Date of birth.

(f) Place of birth.

(g) Country of citizenship.

(h) Height.

(i) Weight.

(j) Hair color.

(k) Eye color.

(l) Gender.

(m) Race.

(n) Current address.

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

(p) Driver’s license identification number and state issuing the license or a state identification number and state issuing it, if available.

(q) Phone number.

(r) Email address, if available.

(s) Other information determined reasonably necessary by the department to determine the eligibility of the individual based on a name-based registry match.

(6) The department shall maintain the confidentiality of all personally identifiable information submitted pursuant to this rule to the extent allowed by law.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8201a Department; information; eligibility {#sec-r-400.8201a omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8201a}

Rule 201a. The department may request information from an applicant, licensee, licensee designee, child care staff member, or unsupervised volunteer regarding any of the conditions listed in sections 5n, 5q, 5r, and 11 of the act, MCL 722.115n, 722.115q, 722.115r, and 722.121, and any similar or equivalent conditions that occurred in another state or legal jurisdiction where the individual resided, on a form prescribed by the department, and limited to information necessary to ascertain whether the individual is ineligible under the statutory requirements.

Editor's Note: An obvious error in R 400.8201a was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8201b Eligibility determination; individual who resided out of the United States; self-certifying statement {#sec-r-400.8201b omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8201b}

Rule 112b. An individual who requires an eligibility determination pursuant to section 5n of the act, MCL 722.115n, and resided out of the United States within the preceding 5 years, shall also, pursuant to section 5n(2) of the act, MCL 722.115n, complete, sign and submit, on a form prescribed by the department, a self-certifying statement that the individual does not have any of the disqualifying conditions set forth in sections 5n, 5q, 5r, and 11 of the act, MCL 722.115n, 722.115q, 722.115r, and 722.121.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8204 Early childhood center, small capacity child care center, and outdoor nature-based child care center program administrator qualifications; responsibilities {#sec-r-400.8204 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8204}

Rule 204. (1) Before hiring a new program administrator, a licensee or licensee designee shall submit the credentials of the proposed program administrator to the department for review and approval in the manner prescribed by the department.

(2) All program administrators are responsible for the general management of the center, including the following minimum responsibilities:

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

(b) Administering day-to-day operations, including being available to address parent, child, and staff issues.

(3) A program administrator can oversee multiple sites if all of the following are met:

(a) Is immediately available for not less than 5 sessions during 30 consecutive open days within the center. Consecutive open days do not include days that are closed for holidays, planned closed days, or emergency closures.

(b) Maintain written documentation of visits, including dates and times.

(4) A program administrator of a single site shall appoint a staff-in-charge when the program administrator is not on the premises and is responsible for supervising the operation of the center including, but not limited to, having the authority to respond to emergencies, inspections, parental concerns, and have access to all required information.

(5) A staff-in-charge shall be present at the center during all hours of operation when the program administrator, who is overseeing a single site, is not on the premises.

(6) A substitute program administrator shall be appointed for a program administrator who has left employment or has a temporary absence that exceeds 30 consecutive workdays until return or replacement, which must not exceed the a g r e e d o n timeframe.

(7) The department shall be notified when a substitute program administrator is appointed.

(8) A substitute program administrator shall at least meet the qualifications of lead teacher.

(9) A program administrator shall have all of the following qualifications:

(a) Be not less than 21 years of age.

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

(10) A program administrator is exempt from subrule (2)(c) of this rule if there is a central administrator that complies with both of the following:

(a) Meets the requirements of a program administrator in subrule (9) of this rule.

(b) Is responsible for subrules (2)(a) and (c) of this rule.

(11) A program administrator of a small capacity center shall meet 1 of the following to be qualified:

(a) All of the following:

(i) A minimum of 1 year of experience.

(ii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(iii) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(iv) Works in a center that participates in great start to quality.

(b) All of the following:

(i) A minimum of 6 months of experience.

(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, youth development, or a child-related field. Up to 30 hours of MiRegistry-approved training may be used to meet these requirements.

(iii) Works in a center that participates in great start to quality.

(c) A valid child development associate credential, Montessori credential, Michigan youth development associate certificate or credential, infant family associate credential, or associate degree or higher in any field of study.

(12) A program administrator of an early childhood center or outdoor nature-based child care center shall meet 1 of the following to be qualified:

(a) All of the following:

(i) A minimum of 3 months of experience.

(ii) A valid child development associate credential, Montessori credential, infant family associate credential, or associate degree in a child-related field.

(iii) Works in a center that participates in great start to quality.

(b) All of the following:

(i) A minimum of 6 months of experience.

(ii) An associate degree or higher in any field of study.

(iii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(iv) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(v) Works in a center that participates in great start to quality.

(13) A program director who was qualified on the director’s date of hire remains qualified as a program administrator as of the effective date of this rule as long as the program director remains continuously employed as a program administrator at the center or at another licensed center without a break in service of more than 180 days. Any variances approved as of the effective date of this rule remain effective and timeframes required in the variance must be met. Any variance requirements not completed by 4 years after the effective date of this rule will be voided.

(14) A substitute director who was qualified on the substitute's director’s date of hire remains qualified as a substitute program administrator as of the effective date of this rule as long as the substitute director remains continuously employed as a substitute program administrator at the center or at another licensed center without a break in service of more than 180 days. Any variances approved as of the effective date of this rule remain effective and timeframes required in the variance must be met. Any variance requirements not completed by 4 years after the effective date of this rule will be voided.

(15) Verification of the qualifications of the program administrator, substitute program administrator, and the central administrator if the option in subrule (8) of this rule is used, must be maintained on file at the center or at the central office until 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.

Editor's Note: An obvious error in R 400.8204 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8207 Early childhood center, small capacity child care center, and outdoor nature-based child care center site administrator; qualifications {#sec-r-400.8207 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8207}

Rule 207. (1) A site administrator shall be present at the center during all hours of operation when the program administrator, who is overseeing multiple sites, is not on the premises.

(2) Site administrators are responsible for the daily operation and implementation of the site program, supervision of the site staff, and overall care and supervision of children.

(3) Site administrators shall assist the program administrator in all of the following:

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

(b) Administering day-to-day operations, including being available to address parent, child, and staff issues.

(4) Site administrators shall meet both of the following qualifications:

(a) Be not less than 19 years of age.

(b) Have a high school diploma or GED.

(5) Site administrators shall meet 1 of the following to be qualified:

(a) All of the following:

(i) A minimum of 6 months of experience.

(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, youth development, or a child-related field. Up to 30 hours of training from MiRegistry may be used to meet these requirements.

(iii) Works in a center that participates in great start to quality.

(b) All of the following:

(i) A minimum of 3 months of experience.

(ii) A valid child development associate credential, Montessori credential, infant family associate credential, or associate degree in a child-related field.

(iii) Work in a center that participates in great start to quality.

(i) An associate degree or higher in any field of study.

(ii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(iii) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance (B) Challenging behaviors.

(6) A site supervisor who was qualified on the site supervisor’s date of hire remains qualified as a site administrator of the effective date of this rule as long as the site supervisor remains continuously employed as a site supervisor at the center or at another licensed center without a break in service of more than 180 days.

(7) Verification of the qualifications must be maintained on file at the center or at the central office until 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.

Editor's Note: An obvious error in R 400.8207 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8210 Lead teacher; qualifications; responsibilities {#sec-r-400.8210 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8210}

Rule 210. (1) Lead teachers are required only for groups of children who are preschool-age and younger.

(2) Lead teachers are responsible for both of the following:

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

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

(3) At least 1 lead teacher shall be assigned to each group of children in a selfcontained or well-defined space and be present and provide care in the assigned group in the following manner:

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

(b) Not less than 6 hours per day for programs operating 6 or more continuous hours.

(4) A substitute for a lead teacher shall be appointed for a lead teacher who has left employment or has a temporary absence that exceeds 30 consecutive workdays until return or replacement. A substitute lead teacher has 90 days from appointment to meet the qualifications of a lead teacher.

(5) Lead teachers shall have both of the following qualifications:

(a) Be not less than 19 years of age.

(b) Have a high school diploma or GED.

(6) A lead teacher shall meet 1 of the following to qualify:

(a) All of the following:

(i) A minimum of 1 year of experience.

(ii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(iii) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(iv) Works in a center that participates in great start to quality.

(b) All of the following:

(i) A minimum of 6 months of experience.

(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, or a child-related field. Up to 30 hours of MiRegistry-approved training may be used to meet these requirements.

(iii) Works in a center that participates in great start to quality.

(i) A valid child development associate credential, Montessori credential, infant family associate credential, or associate degree or higher in any field of study.

(ii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(iii) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(7) Small capacity centers are exempt from subrule (6) of this rule.

(8) A lead teacher in a small capacity center shall meet 1 of the following to qualify:

(a) All of the following:

(i) A minimum of 3 months of experience.

(ii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(iii) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(iv) Works in a center that participates in great start to quality.

(b) Both of the following:

(i) 3 semester hours, 4.5 CEUs, or a combination to equal 45 clock hours of coursework in child care administration, early childhood education, child development, or a child-related field or an associate degree or higher in any field of study. Up to 30 hours of MiRegistry-approved training may be used to meet these requirements.

(ii) Works for a center that participates in great start to quality.

(9) A lead teacher who was qualified on the lead teacher’s date of hire remains qualified as of the effective date of this rule as long as the lead teacher remains continuously employed as a lead teacher at the center or at another licensed center without a break in service of more than 180 days. Any variances approved as of the effective date of this rule remain effective and timeframes required in the variance must be met. Any variance requirements not completed by 4 years after the effective date of this rule must voided.

(10) Lead teachers for infants and toddlers shall have 3 semester hours, 4.5 CEUs, or 45 hours of MiRegistry-approved track of infant and toddler development and care practices within 6 months of hire.

(11) Verification of the qualifications of each lead teacher must be maintained on file at the center or at the central office 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8213 Staff; volunteer {#sec-r-400.8213 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8213}

Rule 213. (1) All staff and volunteers present at the center shall:

(a) Provide appropriate care and supervision of children at all times.

(b) Act in a manner that is conducive to the welfare of children.

(c) Make an immediate verbal report to the department of health and human services, children’s protective services, by telephone at 1-855-444-3911, on reasonable cause to suspect child abuse or child neglect. The verbal report must be followed by submission of a written report within 72 hours of the verbal report.

(d) Sign and date a written statement at the time of hiring or before volunteering and indicate all of the following information:

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

(ii) The individual is informed of the center’s policies on child abuse and neglect.

(iii) The individual knows they are mandated reporters of child abuse and child neglect and are required by law to immediately report suspected abuse and neglect to the department of health and human services, children’s protective services, as described in subdivision (c) of this subrule.

(2) All supervised volunteers shall receive a public sex offender registry clearance by the licensee against the Michigan State Police Sex Offender Registry or the Dru Sjodin National Sex Offender Public Website before having any contact with a child in care. A copy of this clearance must be maintained on file at the center or at the central office.

(3) A licensee shall have a written policy regarding screening and supervision of staff and volunteers, including volunteers who are parents of a child in care. The policy must include a statement that any staff or volunteer registered on either the Michigan State Police Sex Offender Registry or the Dru Sjodin National Sex Offender Public Website is prohibited from having contact with any child in care.

Editor's Note: An obvious error in R 400.8213 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8213a MiRegistry {#sec-r-400.8213a omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8213a}

Rule 213a. (1) Within 30 calendar days after employment, all program staff, unsupervised volunteers, and substitute teachers shall have an individual MiRegistry account and a non-expired MiRegistry membership status, which includes submitted, materials received, awaiting print, or current.

(2) Within 30 calendar days after employment, all program staff, unsupervised volunteers, and substitute teachers shall have a verified program organization employment entry in MiRegistry.

(3) Verification of the qualifications of all staff must be maintained on file at the center or at the central office 2 years after the effective date of this rule, after which qualifications must be verified in MiRegistry.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8216 Orientation {#sec-r-400.8216 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8216}

Rule 216. (1) Program staff and unsupervised volunteers shall participate in the center’s orientation training about the center’s policies and practices and these rules.

(2) Within 30 calendar days after being present at the center and before caring for children, program staff and unsupervised volunteers shall have training on all of the following, as applicable:

(a) The prevention of shaken baby syndrome, if the center serves infants and toddlers.

(b) The prevention of sudden infant death syndrome and use of safe sleep practices, if the center serves infants and toddlers.

(d) The prevention of child maltreatment.

(e) The recognition and reporting of child abuse and neglect.

(3) Within 30 calendar days after being present at the center and before caring for children unsupervised, program staff and unsupervised volunteers shall have training on all of the following:

(a) Who to contact for questions.

(b) Discipline policy.

(c) Emergency procedures to include, but not limited to, location of first aid equipment, fire prevention, fire exits, and responsibilities during an emergency.

(d) Information to provide to parents.

(e) Appropriate care and supervision, including child care staff member to child ratios.

(f) Daily schedules, such as planned daily activities and routines.

(g) Health policies and procedures.

(h) The prevention and control of infectious diseases, including immunizations.

(i) Illness procedures for children and staff.

(j) Diapering procedures, only if applicable to children served.

(4) Within 90 days after being present at the center and before caring for children unsupervised, program staff and unsupervised volunteers shall be trained on emergency preparedness and response planning as described in R 400.8269.

(5) Within 90 days after being present at the center, all other staff and supervised volunteers shall be trained on emergency preparedness and response planning as described in R 400.8269.

(6) Within 90 days after being present at the center and before caring for children unsupervised, program staff and unsupervised volunteers shall complete the following trainings, which are allowed to be counted toward annual professional development hours and are available at MiRegistry:

(a) Administration of medication.

(b) Prevention of and response to emergencies due to food and allergic reactions as provided in R 400.8269a.

(c) Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic.

(d) Handling and storage of hazardous materials and appropriate disposal of biocontaminants.

(e) Precautions in transporting children if the center has a transportation component.

(f) Child development including the major domains of cognitive, social, emotional, physical development, and approaches to learning as provided in R 400.8271.

(g) Pediatric first aid and pediatric, infant, child, and adult cardiopulmonary resuscitation training.

(7) Before issuing a license to operate a child care center, and before the renewal of a license, the department shall verify that not less than 50% of the program staff are currently certified in pediatric first aid and pediatric, child, and adult cardiopulmonary resuscitation. Each of these program staff’s first aid and cardiopulmonary resuscitation certificates must be valid and retained on file in the center or at the central office until 2 years after the effective date of this rule, after which they must be made available online at MiRegistry.

(8) Before caring for children, program staff and unsupervised volunteers of outdoor nature-based child care centers shall be trained on the outdoor benefit-risk assessment and the risk management plan as indicated in R 400.8269b.

(9) Outdoor nature-based child care centers operating more than 30 minutes from emergency medical care shall have at least 1 program staff present at all times trained in wilderness first aid.

(10) In regard to subrules (3) to (9) of this rule, as applicable to the type of center, until a program staff member or unsupervised volunteer has completed the orientation training, the program staff member or unsupervised volunteer shall be supervised by a program staff member who has completed the orientation training.

(11) Verification of all training required by this rule must be maintained on file at the center or at the central office until 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.

Editor's Note: An obvious error in R 400.8216 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8216a Professional development requirements {#sec-r-400.8216a omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8216a}

Rule 216a. (1) Program staff, except for substitute teachers and unsupervised volunteers, shall complete 16 clock hours of professional development in a calendar year on topics relevant to job responsibilities that include, but are not limited to, any of the following subjects:

(a) Child development and learning.

(b) Health, safety, and nutrition.

(d) Program management.

(e) Teaching and learning.

(f) Observation, documentation, and assessment.

(g) Interactions and guidance.

(h) Updates to topics covered in R 400.8216.

(i) Child care center rules R 400.8101 to R 400.8840, as applicable to the center.

(2) Program staff of small capacity centers, except for substitute teachers and unsupervised volunteers, shall complete 10 clock hours of professional development in a calendar year on topics relevant to job responsibilities that include, but are not limited to, any of the topics in subrule (1) of this rule.

(3) Substitute teachers that work an average of 20 hours a week in a calendar year shall complete 10 clock hours of professional development in a calendar year on topics relevant to job responsibilities that include, but are not limited to, any of the topics in subrule (1)of this rule.

(4) Substitute teachers that work less than an average of 20 hours a week in a calendar year shall complete 5 clock hours of professional development in a calendar year on topics relevant to job responsibilities that include, but are not limited to, any of the topics in subrule (1)of this rule.

(5) Unsupervised volunteers shall complete 2 clock hours of professional development in a calendar year on topics relevant to job responsibilities that include, but are not limited to, any of the topics in subrule (1)of this rule.

(6) A center may count CPR and first aid training or certification hours toward the professional development hours in the calendar year taken.

(7) Hours from MiRegistry may be used to meet the professional development requirements in subrules (1) to (5) of this rule.

(8) A center may count emergency preparedness and response planning training toward professional development hours and is available at MiRegistry.

(9) An on-going professional development plan must be implemented to include all the training and professional development required by these rules.

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

(11) Verification of all professional development required by this rule must be maintained on file at the center or at the central office until 2 years after the effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.

Verification must be issued from the training organization or trainer and include the date of the course, the name of the training organization or trainer, the topic covered, and the number of clock hours. Verification of professional development for a program staff member must be conducted by reviewing the 2 previous calendar years from the current license renewal year.

(12) Two years after the effective date of this rule, all training to meet professional development requirements must be approved in MiRegistry.

(13) When the department publishes a notice that a new health and safety update document or a new health and safety update training activity is published on MiRegistry, the licensee shall ensure that all identified staff or volunteers in the notice read and acknowledge the document or complete the activity within the timeframe indicated in the notice.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8219 Sleeping, resting {#sec-r-400.8219 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8219}

Rule 219. (1) Children under 3 years of age shall be provided opportunities to rest regardless of the number of hours in care.

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

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

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

(5) Infants unable to roll from their stomachs to their backs and from their backs to their stomachs shall be placed on their backs when found face down.

(6) When infants can easily turn over from their stomachs to their backs and from their backs to their stomachs, they shall be initially placed on their backs, but are allowed to adopt whatever position they prefer for sleep.

(7) For an infant who cannot rest or sleep on her or his back due to disability or illness, written instructions, signed by the infant’s licensed health care provider, detailing an alternative safe sleep position or other special sleeping arrangements for the infant must be followed and maintained on file at the center. The instructions must include an end date.

(8) A sleeping infant’s breathing, sleep position, and bedding must be monitored frequently for possible signs of distress.

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

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

(11) Infants and toddlers who fall asleep in a space that is not approved for sleeping shall be moved to approved sleep equipment appropriate for their age and size.

(12) Naptime or quiet time must be provided when children under school-age are in attendance 5 or more continuous hours per day.

(13) For children under school-age who do not sleep at rest time, quiet activities, such as books or puzzles, must be provided.

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

(15) Video surveillance equipment and baby monitors must not be used in place of subrule (8) of this rule and R 400.8213(1).

Editor's Note: An obvious error in R 400.8219 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8222 Capacity, ratio and group size {#sec-r-400.8222 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8222}

Rule 222. (1) The actual number and ages of children in care at any time must never exceed the number and ages of children for which the center is licensed.

(2) Not less than 2 adults, 1 of whom is a child care staff member, shall be present at all times when not less than 3 children between the ages of birth and 3 years of age are present. A second child care staff member is required when needed to comply with subrule (4) of this rule.

(3) Not less than 2 adults, 1 of whom is a child care staff member, shall be present at all times when 7 or more children over 3 years of age are present. A second child care staff member is required when needed to comply with subrule (4) of this rule.

(4) In each room or well-defined space, the maximum group size and ratio of child care staff members to children, including children related to a staff member or the licensee, must be as shown in Table 1:

TABLE 1

Age Child Care Staff Member to Child Ratio Maximum Group Size (a) Infants and toddlers, birth until 30 months of age 1 to 4 12 (b) Preschoolers, 30 months of age until 3 years of age 1 to 8 24 (c) Preschoolers, 3 years of age until 4 years of age 1 to 10 30 (d) Preschoolers, 4 years of age until school-age 1 to 12 40 (e) School-aged children 1 to 18 54 (5) Children who have reached 33 months of age may, when developmentally appropriate, be enrolled in a 3-year-old classroom with written parental permission. The ratio listed in subrule (4)(c) of this rule applies.

(6) Children who have reached 45 months of age may, when developmentally appropriate, be enrolled in a 4-year-old classroom with written parental permission. The ratio listed in subrule (4)(d) of this rule applies.

(7) Children who have reached 57 months of age but who are not considered a school-aged child may, when developmentally appropriate, be enrolled in a school-age classroom with written parental permission. The ratio listed in subrule (4)(e) of this rule applies.

(8) If there are children of mixed ages in the same room or well-defined space, the ratio and group size is determined by the age of the youngest child, unless each group of children is clearly separated and the appropriate child care staff member-to-child ratios and group sizes, if applicable, for each age group are maintained.

(9) When all children in a room are asleep, 1 child care staff member may provide supervision as long as all of the following are met:

(a) A child care staff member remains in the room and is not performing any duties other than supervision.

(b) All children are visible to the child care staff member in the room.

(d) When the first child wakes up, the required ratios in the room must be met immediately.

(10) An exception to the requirements of subrule (4) of this rule may be made when the center is transporting children and complies with R 400.8760(1) and (2).

(11) Two or more groups of the same age may be combined for collective activities as long as appropriate child care staff member-to-child ratios are maintained in the room or area.

(12) Group sizes for all ages may vary during outdoor play only if the center maintains the child care staff member to child ratios required by this rule.

(13) Written approval from the department must be obtained before making any changes in the terms of the license, including, but not limited to, adding use space, changing age groups served, changing program components, changing the capacity of the center, or making changes to a room or well-defined space that will result in a change in capacity of the room or well-defined space.

(14) Small capacity centers are exempt from subrules (2) to (11) of this rule.

(15) Small capacity centers shall abide by all of the following:

(a) The ratio of child care staff member to children present at any one time must be a minimum of 1 to 6.

(b) The ratio of child care staff member to children present at one time may be a minimum of 1:10 if the center meets both of the following:

(i) Operates a preschool great start readiness program.

(ii) Only serves children enrolled in the great start readiness program.

(d) The maximum group size is 20.

Editor's Note: An obvious error in R 400.8222 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

PART 4. GENERAL HEALTH AND SAFETY

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8251 Hand washing {#sec-r-400.8251 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8251}

Rule 251. (1) All program staff and volunteers shall wash their hands at all of the following times:

(a) On arrival for the workday at the center.

(b) Before care of children.

(d) Before and after giving medication.

(e) After each diapering.

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

(g) After handling bodily fluids from sneezing, wiping, blowing noses, mouths, or sores.

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

(i) After cleaning or handling garbage.

(j) When soiled.

(2) Program staff and volunteers shall ensure that children wash their hands at all of the following times:

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

(b) After toileting or diapering.

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

(e) When soiled.

(3) Guidelines for hand washing must be posted in food preparation areas, in toilet rooms, and by all hand washing sinks.

(4) Program staff may wash children’s hands with non-toxic disposable wipes in the following situations:

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

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

(d) When the child has a special need, so the child is not able to wash their own hands.

(5) When soap and running water are not available during an outing, hand sanitizers containing not less than 60% alcohol, or single-use wipes may be used as a temporary measure.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8254 Diapering; toileting {#sec-r-400.8254 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8254}

Rule 254. (1) Except as provided in subrule (2) of this rule, diapering must occur in a designated diapering area that complies with all of the following:

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

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

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

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

(f) Is cleaned and disinfected after each use.

(2) Children 1 year of age and older may be changed in a bathroom standing up or on a nonabsorbent, easily disinfected surface, with a changing pad between the child and the surface.

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

(4) A plastic-lined, tightly covered container must be used exclusively for disposable diapers, training pants, and diapering supplies. The container must be emptied, cleaned, and disinfected at the end of each day.

(5) Only single-use disposable wipes or other single-use cleaning cloths must be used to clean a child during the diapering or toileting process.

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

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

(8) Disposable gloves, if used for diapering, must only be used once for a specific child and be removed and disposed of in a safe and sanitary manner immediately after each diaper change.

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

(a) Each cloth diaper must be covered with an outer waterproof covering. Outer coverings must be removed as a singular unit with wet or soiled diapers and with wet or soiled training pants, if used.

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

(d) Soiled diapers must be placed in a plastic-lined, covered container, wet bag, or other waterproof container, and used only for that child’s soiled diapers.

(e) Soiled diapers or training pants must be stored and handled in a manner that will not contaminate other items and must not be accessible to children.

(f) Soiled diapers or training pants must be removed from the center every day by the child’s parent.

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

(10) Toilet learning or training must be planned cooperatively between the child’s regular teachers and the child’s parent so the toilet routine established is consistent between the center and the child’s home.

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

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

(b) Child-sized toilets.

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

(ii) Used only in a bathroom area.

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

(iv) Cleaned and disinfected after each use.

Editor's Note: An obvious error in R 400.8254 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8257 Biocontaminants {#sec-r-400.8257 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8257}

Rule 257. A center shall use standard precautions regarding prevention, exposure, and disposal of biocontaminants.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8260 Medication; administrative {#sec-r-400.8260 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8260}

Rule 260. (1) Medication, prescription or nonprescription, must be given to a child by program staff only.

(2) Program staff shall give or apply medication, prescription or nonprescription, only with prior written permission from a parent.

(3) All medication must be in its original container, stored according to instructions, and clearly labeled for a named child, including all nonprescription topical medications described in subrule (8) of this rule.

(4) Prescription medication must have the pharmacy label indicating the physician’s name, child’s first and last name, instructions, name and strength of the medication, and must be given according to those instructions.

(5) Program staff shall keep all medication out of the reach of children and return it to the child’s parent or destroy it if the parent determines it is no longer needed or it has expired.

(6) Program staff shall give or apply any prescription or nonprescription medication according to the directions on the original container, unless otherwise authorized by a written order from the child’s licensed health care provider.

(7) Program staff shall not add medication to a child’s bottle, beverage, or food unless indicated on the prescription label.

(8) Topical nonprescription medication, including, but not limited to, diapering cream, triple antibiotic, sunscreen, and insect repellant, requires written parental authorization annually.

(9) A center shall maintain a record as to the time and the amount of medication given or applied, with the exception of medications described in subrule (8) of this rule, on a form provided by the department or a comparable substitute approved by the department.

One form per medication is required. The signature of the program staff administering the medication must be included.

Editor's Note: An obvious error in R 400.8260 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8263 Child accidents and incidents; child and staff illness {#sec-r-400.8263 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8263}

Rule 263. (1) A center shall develop and implement a written plan for how and when a parent is notified if program staff or volunteers observe any of the following:

(a) Changes in a child’s health.

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

(2) A center shall ensure that a child who is too ill to remain in the group is placed in a separate area and is cared for and supervised by program staff or an unsupervised volunteer until the parent arrives. The separate area may be an unlicensed space such as the office area, reception area, or hallway but supervision must occur during this time.

Food preparation areas may not be used.

(3) Items and facilities used by an ill child or adult must not be used by another individual until cleaned and disinfected.

(4) If a center becomes aware that a staff member, volunteer, or child in care has contracted a communicable disease, the center shall notify parents and provide all of the following information:

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

(b) The symptoms of the disease.

(c) Prevention measures as recommended by the United States Centers for Disease Control and Prevention at the following website: https://www.cdc.gov.

(5) A center shall have a written policy detailing when children, staff, and volunteers will be excluded from the center due to illness.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8266 Incident, accident, injury, illness, death, fire {#sec-r-400.8266 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8266}

Rule 266. (1) I f t h e death of a child occurs in care, a licensee, licensee designee, or program administrator shall do both of the following:

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

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

(2) A licensee, licensee designee, or program administrator shall report to the child’s parent on the same day of the incident and to the department within 24 hours, directly or via phone, fax, or email, if a child is lost or left unsupervised.

(3) A licensee, licensee designee, or program administrator shall report to the child’s parent and the department, directly or via phone, fax, or email, within 24 hours of the occurrence of any of the following:

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

(b) A fire on the premises of the center that requires the use of fire suppression equipment or results in loss of life or property.

(4) A licensee, licensee designee, or program administrator shall report to the department, via phone, fax, or email, within 24 hours of notification by a parent that a child received medical treatment or was hospitalized for an injury, accident, or medical condition that occurred while the child was in care.

(5) A licensee, licensee designee, or program administrator shall submit a written report to the department of the occurrences outlined in subrules (1) to (4) of this rule, in a format provided by the department, within 72 hours of the verbal report to the department.

(6) A licensee, licensee designee, or program administrator shall keep a copy of the report on file at the center.

Editor's Note: An obvious error in R 400.8266 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8269 Emergency preparedness and response planning procedures {#sec-r-400.8269 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8269}

Rule 269. (1) Written plans and procedures for emergency preparedness and response planning for the care of children and staff in each of the following emergencies must be developed and implemented:

(a) Fires.

(b) Tornadoes.

(d) Power outages.

(e) Extreme weather events.

(f) Other natural or man-made disasters.

(g) Serious injuries or accidents.

(h) Bomb threats and other man-made emergencies.

(i) Intruders or active shooters.

(2) The written procedures must include all the following as applicable to the type of emergency:

(a) A plan for evacuation.

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

(d) A plan for lockdown.

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

(f) A plan for continuity of operations.

(g) A plan for how each child with special needs will be accommodated during an emergency.

(h) A plan for how infants and toddlers will be accommodated during an emergency.

(i) A plan for how children with chronic medical conditions will be accommodated during an emergency.

(3) A hard copy of the plans must be posted as indicated below:

(a) The plans required by subrules (1)(a) to (d) of this rule must be posted in a place visible to staff, volunteers, and parents.

(b) The plans required by subrules (1)(e) to (h) of this rule must be maintained in a place known and easily accessible to staff, volunteers, and parents.

(c)The plan required by subrule (1)(i) of this rule must be maintained in a place known and easily accessible to staff and volunteers.

(4) Training on the written procedures in subrule (1) of this rule must occur in the timeframe indicated in R 400.8216(3) and (4).

(5) All staff present at the center and volunteers shall be trained on and participate in the drills held during their presence at the center.

(6) A fire drill program, consisting of not less than 1 fire drill every 3 months, must be established and implemented.

(7) A tornado drill program, consisting of not less than 2 tornado drills between the months of March to November, must be established and implemented.

(8) Drills for other emergency plans not listed in subrules (6) and (7) of this rule must be conducted annually.

(9) A written log indicating the date and time of each drill must be maintained on file at the center.

(10) Staff shall be trained not less than twice a year on their duties and responsibilities for all emergency procedures referenced in subrule (1) of this rule.

(11) If cribs are used in emergency evacuations, all doors within the means of egress must be wide enough to readily accommodate the crib evacuation.

(12) If the fire alarm is not monitored, 9-1-1 must be contacted immediately on notice.

(13) Centers established and operated by an intermediate school district or local school district, and located in a school building, may use the school’s emergency preparedness plan or drills, or both, if they meet all of the requirements in this rule.

Editor's Note: An obvious error in R 400.8269 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8269a Food {#sec-r-400.8269a omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8269a}

Rule 269a. (1) A written plan for the prevention of and response to emergencies due to food and allergic reactions must be developed and implemented to include a child care plan, prevention measures, and emergency procedures.

(2) The child’s care plan must include all of the following, at a minimum:

(a) The child’s name with a list of their food allergies.

(b) The names, doses, and methods of medication administration the child should receive if there is a reaction.

(3) The child’s care plan must be carried on field trips.

(4) The prevention measures must include all of the following, at a minimum:

(a) Notify parents and guardians of all known food allergens to avoid bringing in foods to the classroom or center.

(b) Post the child’s name and known food allergy prominently in the classroom or other area, on parent approval.

(d) Prevent food sharing between children.

(5) The emergency procedures must include all of the following, at a minimum:

(a) Promptly and properly administer medications in an event of an allergic reaction according to the instructions in the child’s care plan.

(b) Contact emergency medical services immediately if any child has a serious allergic reaction, a new suspected serious allergic reaction occurs with any child, or whenever epinephrine is administered, even if the child appears to have recovered from the allergic reaction.

(c) Notify parents or guardians immediately of any suspected allergic reactions, the ingestion of the problem food, or contact with the problem food, even if a reaction did not occur.

Editor's Note: An obvious error in R 400.8269a was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8269b Outdoor benefit-risk assessment; risk management plan for outdoor nature-based child care centers {#sec-r-400.8269b omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8269b}

Rule 269b. (1) An outdoor nature-based child care center shall submit an outdoor benefit-risk assessment on a form prescribed by the department that includes, but is not limited to, all of the following:

(a) Information about the site or sites that will be used.

(b) Different seasons of the year, such as summer versus winter plans, based on how conditions change within sites and locations used by the center on a regular basis.

(i) Climbing natural features.

(ii) Water activities.

(iii) Using sharp tools.

(iv) Plant foraging and gardening.

(v) Program pets and livestock management.

(vi) Campfire activities.

(vii) Activities near water, cliffs, steep slopes, or other potentially hazardous natural features.

(d) Guidance for when increased staffing is necessary and provide guidance for the development of the applicable risk management policies and procedures in subrule (1) of this rule.

(2) An outdoor nature-based child care center shall have a risk management plan that includes, but is not limited to, all of the following:

(a) Encountering non-program pets and wildlife.

(b) Interacting with strangers.

(d) Weather requiring the use of an emergency shelter and access to the shelter during program hours.

(e) Required clothing and keeping children dressed for the weather.

(f) Using public facilities or buildings.

(g) Encountering poisonous species.

(h) All other potentially hazardous situations and natural features.

PART 5. PROGRAM AND CARE

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8271 Child development {#sec-r-400.8271 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8271}

Rule 271. (1) As used in this rule:

(a) “Confining equipment” means equipment used to assist in caring for infants, including, but not limited to, swings, stationary activity centers, infant seats, and molded seats.

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

(i ) Televisions.

(ii) Computers.

(iii) Tablets.

(iv) Multi-touch screens.

(v) Interactive white boards.

(vi) Mobile devices.

(vii) Cameras.

(viii) Movie players.

(ix) E-book readers.

(x) Electronic game consoles.

(c) “Interactive media” means media designed to facilitate active and creative use by children and to encourage social engagement with other children and adults.

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

(2) A center shall implement a child development program plan that includes daily learning experiences appropriate to the developmental level of the children. Experiences must be designed to develop all of the following, which are described in Michigan’s early childhood standards of quality:

(a) Physical development.

(b) Social development.

(d) Cognitive development.

(e) Approaches to play and learning.

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

(a) Quiet and active.

(b) Individual and group.

(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.

(d) Participate in imaginative play.

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

(f) Participate in early math and science experiences.

(g) Be physically active.

(5) A school-age child care center shall supplement the areas of development not regularly provided for during the school day.

(6) A typical daily routine must be made available to parents.

(7) If awake, use of confining equipment for infants must be minimized, not to exceed 30 minutes at a time.

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

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

(b) Infants shall be healthy, awake, and alert during tummy time. If an infant falls asleep, the infant shall be immediately moved to a safe sleeping space.

(c) During tummy time, infants shall not be placed on or near soft surfaces, including, but not limited to, cushions, pillows, or padded mats.

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

The request must be maintained in the child’s file.

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

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

(a) Activities must be developmentally appropriate.

(b) Interactive media must be used to support learning and to expand children’s access to content and be suitable to the age of the child in terms of content and length of use per session.

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

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

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

(a) School-age children using computers and other electronic devices for academic and educational purposes.

(b) Children using assistive and adaptive technology.

(12) For children with special needs, care must be provided according to the child’s needs as identified by parents, medical personnel, or other relevant professionals.

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

(14) Outdoor nature-based child care centers shall utilize developmentally appropriate techniques to teach children about boundaries and self-regulation for outdoor play.

Editor's Note: An obvious error in R 400.8271 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8274 Primary care for infants and toddlers {#sec-r-400.8274 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8274}

Rule 274. (1) As used in this rule, “primary teacher” means the child care staff member to whom the care of a specific infant or toddler is assigned. The primary teacher is responsible for direct care, verbal and physical interactions, primary responses to the child’s physical and emotional needs, and continued interaction with the child’s parents regarding the child’s experiences.

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

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

These 4 primary teachers shall remain with the children for the program year to promote continuity of care for the children. For centers operating less than 24 hours a day, an exception may occur during the first hour after the center opens and the hour before closing. This rule does not preclude a primary teacher from being relieved by another teacher or child care staff member while taking a lunch period or short break. This rule does not preclude a center from advancing a child to another classroom with new primary teachers if developmentally appropriate.

(4) Primary teachers’ schedules for each infant or toddler must be documented and provided to parents.

(5) Information regarding a child’s food, health, and temperament must be shared daily between primary teachers if more than 1 primary teacher is assigned to any infant or toddler.

(6) An exception to this rule may be made if the center is transporting children and is in compliance with R 400.8760(1) and (2).

Editor's Note: An obvious error in R 400.8274 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8277 Nighttime care {#sec-r-400.8277 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8277}

Rule 277. (1) If a child is in nighttime care, a separate area, away from sleeping children, where the child can engage in quiet activities must be available.

(2) A child shall be allowed to go back to sleep if dropped off during any nighttime care hours.

(3) If a child is in nighttime care for more than 1 hour, a crib, portable crib, mat, or cot appropriate to the age of the child must be available.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8280 Discipline {#sec-r-400.8280 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8280}

Rule 280. (1) Positive methods of discipline that encourage self-control, selfdirection, 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.

(d) Inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child.

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

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

(g) Excluding a child from daily learning experiences.

(h) Isolating a child in an adjacent room, closet, locked room, box, hallway, darkened area, play area, or another area where the child cannot be seen or supervised.

(3) Time out must only be used in combination with instructional approaches that teach children what to do in place of the behavior problem.

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

(b) The program staff or volunteer shall remain calm when placing the child in time out.

( 4) A non-severe and developmentally appropriate restraint for an enrolled child with special behavioral or mental health issues may be used if reasonably necessary, based on a child’s development, to prevent a child from harming themselves or to prevent a child from harming other individuals or property, excluding those forms of punishment prohibited by subrule (2) of this rule. The plan for when the restraint should be initiated; the actual use of the restraint, such as holding the child as gently as possible, and timed use of the restraint must be developed in collaboration with the parent or guardian with the parent or guardian giving final approval of the plan.

(5) A written discipline policy must be developed and implemented regarding the age appropriate, non-severe discipline of children. The policy must be provided to program staff, volunteers, and parents.

Editor's Note: An obvious error in R 400.8280 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

PART 6. FOOD SERVICES AND NUTRITION

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8301 Definitions {#sec-r-400.8301 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8301}

Rule 301. As used in this part:

(a) “Bulk foods” means larger quantities of food that are used over time, such as flour, sugar, noodles, and rice. Food that is used up in a week or less, such as crackers, are not considered bulk foods.

(b) “Corrosion-resistant materials” means those materials that maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and bacterial solutions, and other conditions-of-use environment.

(c) “Food” means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.

(d) “Food-contact surface” means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.

(e) “Food grade surface” means a surface that is easily cleanable and made from a material that will not migrate into, contaminate, or taint the food.

(f) “Food service equipment” means stoves, ovens, ranges, hoods, slicers, mixers, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items other than utensils, used in the operation of a center.

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

(h) “Ready to eat food” means food that does not require cooking and is not cooked before being served.

(i) “Sealed” means free of cracks or other openings that allow the entry or passage of moisture.

(j) “Single-service articles” means those food service articles intended for 1-time, 1-person use and then discarded.

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

(l) Time/Temperature Control for Safety food” or “TCS food” means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

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

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8305 Plan review; approval; inspections {#sec-r-400.8305 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8305}

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.

History

History: 2013 AACS; 2019 AACS.

Mich. Admin. Code R 400.8310 Food preparation areas {#sec-r-400.8310 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8310}

Rule 310. (1) Food contact surfaces must be smooth, nontoxic, easily cleanable, durable, corrosion resistant, and nonabsorbent.

(2) Carpeting is prohibited in food preparation areas.

(3) Mechanical ventilation to the outside is required for all fuel-fired cooking equipment, including, but not limited to, stoves, ranges, ovens, and griddles.

(4) If residential hood ventilation is used, cooking equipment must be limited to residential stove and oven equipment.

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

(6) The use of deep fryers is prohibited.

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

(8) If the only food preparation is for feeding infants and toddlers, there must be a sink that is used exclusively for food preparation and clean up.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8315 Food and equipment storage {#sec-r-400.8315 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8315}

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.

History

History: 2013 AACS; 2019 AACS.

Mich. Admin. Code R 400.8320 Food preparation {#sec-r-400.8320 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8320}

Rule 320. (1) Food must be in sound condition, free from spoilage, filth, or other contamination and be safe for human consumption.

(2) Food must be prepared on food grade surfaces that have been cleaned and sanitized.

(3) Raw fruits and vegetables must be thoroughly washed before being cooked or served.

(4) Staff shall minimize bare-hand contact with foods that will be cooked.

(5) Ready to eat foods must not be prepared or served using bare hands.

(6) Food must be cooked to heat all parts of the food to the safe temperature identified by the Michigan Food Code and Food Law/Safe Cooking Guidelines at https://www.michiganfoodsafety.com/wpcontent/uploads/2022/01/MI_Modified_2009_Food_Code_396675_7.pdf.

(7) TCS foods must be thawed using 1 of the following methods:

(a) In the refrigerator at a temperature not to exceed 41 degrees Fahrenheit.

(b) Completely submerging the item under cold water, at a temperature of 70 degrees Fahrenheit or below, that is running fast enough to float off loose ice particles.

(i) The food is immediately transferred to conventional cooking facilities as part of a continuous cooking process.

(ii) The entire cooking process takes place in the microwave oven.

(d) As part of the conventional cooking process.

(8) The temperature of TCS foods must be 41 degrees Fahrenheit or below, or 135 degrees Fahrenheit or above, at all times, except during necessary periods of preparation.

(9) TCS foods that have been cooked and refrigerated or frozen must be reheated rapidly to 165 degrees Fahrenheit or higher throughout before being served or before being placed in a hot food storage facility.

(10) Probe thermometers must be used to ensure the attainment and maintenance of proper internal cooking, holding, reheating, or refrigeration temperatures of all TCS foods.

(11) On field trips, all foods must be protected from contamination at all times as required by this rule.

(12) In the absence of proper hand washing facilities on field trips, individuals preparing and serving food shall use hand sanitizer and wear sanitary disposable food service gloves properly.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8325 Dishwashing {#sec-r-400.8325 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8325}

Rule 325. (1) All tableware, utensils, food contact surfaces, and food service equipment must be thoroughly cleaned and sanitized after each use. Multi-purpose tables must be thoroughly cleaned and sanitized before and after they are used for meals or snacks.

(2) Enamelware utensils are prohibited.

(3) Reuse of single service articles is prohibited.

(4) Multi-use tableware and utensils must be cleaned and sanitized using 1 of the following methods:

(a) A commercial dishwasher.

(b) A residential dishwasher with sanitizing capability.

(c) A 3-compartment sink to wash in the first compartment, to rinse in the second compartment, and to sanitize in the third compartment.

(d) A 2-compartment sink for washing in the first compartment and rinsing in the second compartment, and a third container suitable for complete submersion for sanitizing.

(5) If the manual washing method is used, as referenced in subrule (4)(c) and (d) of this rule, all of the following must be done:

(a) Rinse and scrape all utensils and tableware before washing.

(b) In the first compartment, wash using detergent and water at or above 110 degrees Fahrenheit or at the temperature specified by the detergent manufacturer.

(d) In the third compartment or suitable container, sanitize using 1 of the following methods:

(i) Immersion for not less than 30 seconds in clean, hot water of not less than 171 degrees Fahrenheit.

(ii) Immersion with a food-grade sanitizing solution mixed as described on the manufacturer’s label for sanitizing. A test kit or other device that measures the correct concentration of the solution must be used when a chemical is used for sanitizing.

(e) Air dry on a clean and sanitized surface. Do not use a towel for drying.

(6) Sponges must not be used in a food service operation.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8330 Food services and nutrition generally {#sec-r-400.8330 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8330}

Rule 330. (1) Snacks and meals must be provided by the center, except if 1 of the following circumstances occurs:

(a) A majority of the children are in attendance less than 2.5 hours.

(b) Food is provided by a parent.

(2) A written agreement must be maintained on file at the center if the parent has agreed to provide formula, milk, or food. The center shall provide an adequate amount of formula, milk, or food if the parent does not.

(3) Beverages and food must be appropriate for the child’s individual nutritional requirements, developmental stages, and special dietary needs, including cultural preferences.

(4) A center shall ensure a child who has special dietary needs is provided with snacks and meals in accordance with the child’s needs and with the instructions of the child’s parent or licensed health care provider.

(5) A center shall provide adequate staff so that food service activities do not detract from direct care and supervision of children.

(6) A center shall make water available to drink throughout the day to children 1 year of age and older.

(7) Infants and toddlers shall be fed on demand.

(8) A child shall be served meals and snacks in accordance with the following schedule:

(a) Two and a half hours to 4 hours of operation: a minimum of 1 snack.

(b) Four hours to 6 hours of operation: a minimum of 1 meal and 1 snack.

(d) Eleven hours or more of operation: a minimum of 2 meals and 2 snacks.

(9) A center shall not deprive a child of a snack or meal if the child is in attendance at the time when the snack or meal is served.

(10) Menus must be planned in advance, dated, and made available to parents. Food substitutions must be noted on the menus the day the substitution occurs.

(11) A center shall not serve infants and toddlers or allow them to eat foods that could easily cause choking, including, but not limited to, popcorn, seeds, nuts, hard candy, and uncut round foods such as whole grapes and hot dogs.

(12) Cereal must not be added to a bottle or beverage container without written parental permission.

(13) If food, bottles, or beverage containers are warmed, the warming must be done in a safe, appropriate manner.

(14) Warming bottles and beverage containers in a microwave oven or a crockpot is prohibited.

(15) Bottle warmers must be placed where children cannot access them or reach the cords for them.

(16) Bottle warmers must be shut off when not in use.

(17) A child care staff member shall not hold a child while removing a bottle from the heating device.

(18) Warmed food, bottles, and beverage containers must be shaken or stirred to distribute the heat, and the temperature must be tested before feeding.

(19) The contents of a bottle or beverage container must be discarded if any of the following apply:

(a) The contents appear unsanitary.

(b) The bottle or beverage container was used for feeding for a period that exceeds 1 hour from the beginning of the feeding.

(20) Formula and milk, including breast milk, left in a bottle or beverage container after a feeding must not be reused.

(21) Bottle propping is prohibited.

(22) When feeding, child care staff members shall hold infants, except when infants resist being held and are able to hold their bottle.

(23) Infants or toddlers shall not have bottles, beverage containers, or food in sleeping equipment.

(24) Children shall not have beverage containers or food while they are walking around or playing.

(25) Child care staff members shall foster and facilitate toddlers’ independence, language, and social interactions by doing all of the following:

(a) Encouraging self-feeding.

(b) Serving appropriate portion sizes.

(26) Breastfeeding must be supported and accommodated.

(27) A designated place must be set aside for use by mothers who are breastfeeding.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8335 Food services and nutrition; provided by center {#sec-r-400.8335 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8335}

Rule 335. (1) Food and beverages provided by a center must be of sufficient quantity and nutritional quality to provide for the dietary needs of each child according to the minimum meal requirements of the child and adult care food program (CACFP), as administered by the department of education.

(2) The following standards are incorporated by reference in these rules: “Child and Adult Care Food Program,” 7 CFR part 226. Copies of these regulations may be obtained from the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933 and from the United States Department of Agriculture (USDA), Food and Nutrition Service, CACFP at 1400 Independence Avenue, S.W., Washington DC 20250. Regulations and guidance are available at the USDA’s website at https://www.fns.usda.gov/cacfp/program-operator.

(3) Infants shall only be served formula to drink unless written authorization is provided by the child’s licensed health care provider.

(4) Children 12 months of age until 2 years of age shall be served whole homogenized Vitamin D-fortified cow’s milk, except as provided in R 400.8330(4).

(5) Formula must be commercially prepared and ready-to-feed.

(6) All fluid milk and fluid milk products must be pasteurized and meet the grade “A” quality standards.

(7) Milk must be served from 1 of the following:

(a) A commercially filled container stored in a mechanically refrigerated bulk milk dispenser.

(b) A commercially filled container not to exceed 1 gallon.

(8) All of the following apply to milk:

(a) Containers must be labeled with the date opened.

(b) Milk must be served within 7 days after opening.

(d) Milk must not be combined with the contents of other partially filled containers.

(9) Contents remaining in single-service containers of milk must be discarded at the end of the snack or mealtime.

(10) All containers of ready-to-feed formula, once opened, must be labeled with the date and time of opening, refrigerated, and used within 48 hours or be discarded.

(11) Prepared bottles and beverage containers of milk and formula must be refrigerated and labeled with the child’s first and last name, date, and time of preparation.

(12) Contents of unused bottles of formula must be discarded, along with any bottle liners, after 48 hours.

(13) All liners, nipples, formula, milk, and other materials used in bottle preparation must be prepared, handled, and stored in a sanitary manner.

(14) Reusable nipples and bottles must be cleaned and sanitized before reuse.

(15) Bottle liners and disposable nipples must be for single use only, by an individual child, and discarded with any remaining formula or milk after use.

(16) Commercially packaged baby food must be served from a dish, not directly from a factory-sealed container, unless the entire container is served to only 1 child and is discarded at the end of the feeding period.

(17) Uneaten food that remains on a dish from which a child was fed must be discarded.

(18) Food that was served and handled by the consumer of the food may not be served again, unless it is in the original, unopened wrapper.

(19) Home canned products are prohibited.

(20) Food containing contaminants, such as lead, recalled through the Food and Drug Administration or the department of agriculture and rural development, must be properly disposed of and not served again.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8340 Food services and nutrition; provided by parents {#sec-r-400.8340 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8340}

Rule 340. (1) As used in this rule:

(a) “Same-day supply” means for use during a single day.

(b) “Multi-day supply” means for use over a multiple day period, up to 7 days.

(2) Breast milk, formula, milk, or other beverages provided in a same-day supply must be furnished daily in either of the following:

(a) Clean, sanitary, ready-to-feed bottles or beverage containers.

(b) A clean, sanitary, beverage container. The beverage must be poured into a clean, sanitary bottle or beverage container before each feeding.

(3) Breast milk, formula, milk, other beverages, and food furnished in a same-day supply must be covered and labeled with the child’s first and last name and the date.

(4) Any food or beverages furnished in a same-day supply must be returned to the parent at the end of the day or discarded.

(5) Milk, other beverages, and non-perishable food items may be furnished in a multi-day supply in an unopened commercial container.

(6) Breast milk may be supplied in a multi-day supply in a clean, sanitized container maintained in the refrigerator for up to 4 days or in the freezer for no more than 2 weeks.

(7) Milk and other beverages furnished in a multi-day supply must be labeled with the child’s first and last name and the date of opening and be returned to the parent or discarded 7 days after opening.

(8) Non-perishable food items furnished in a multi-day supply must be labeled with the date of opening and if applicable, the first and last name of the child for whom its use is intended.

(9) Beverages and food must be fed only to the child for whom the item is labeled.

(10) Breast milk, formula, and milk must be refrigerated until used.

(11) Other perishable beverages and food items not discarded by the end of the day must be dated and refrigerated or otherwise maintained at a safe temperature until used, which must not be more than 7 calendar days after the date opened or prepared.

(12) Fresh, whole fruits and vegetables may be unrefrigerated for up to 3 calendar days in a clearly labeled and dated container.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8341 Drinking water management plan; water sampling, testing, and remediation; filtered water; records {#sec-r-400.8341 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8341}

Rule 341. (1) Pursuant to section 3i of the act, MCL 722.113i, no later than January 24, 2025, the center shall develop and implement a drinking water management plan, conduct water sampling and testing after filters have been installed, conduct remediation as needed, and retain records.

(2) Pursuant to section 3j of the act, MCL 722.113j, no later than October 24, 2025, the center shall comply with the requirements of the duties of a center under the drinking water management plan, including ensuring that drinking water furnished to children for human consumption is from a filtered faucet or other filtered source meeting the standards required in section 3j(b) of the act, MCL 722.113j.

(3) Pursuant to section 3k of the act, MCL 722.113k, if a center is located in a school building that complies with the clean drinking water access act, 2023 PA 154, MCL 380.1901 to 380.1911, the center is considered compliant with this rule.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8345 Rescinded {#sec-r-400.8345 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8345}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8350 Rescinded {#sec-r-400.8350 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8350}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8355 Rescinded {#sec-r-400.8355 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8355}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8360 Rescinded {#sec-r-400.8360 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8360}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8365 Rescinded {#sec-r-400.8365 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8365}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8370 Rescinded {#sec-r-400.8370 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8370}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8375 Rescinded {#sec-r-400.8375 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8375}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8380 Rescinded {#sec-r-400.8380 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8380}

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8385 Rescinded {#sec-r-400.8385 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8385}

PART 7. SCHOOL AGE CHILD CARE CENTER SPECIFIC PROVISIONS

AND EXEMPTIONS

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8401 Specific provisions; exemptions {#sec-r-400.8401 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8401}

Rule 401. (1) School-age child care centers shall follow all regulations contained in this document except the rules in table 2 and table 3 if the following criteria is met:

Table 2. Exemptions.

(a) R 400.8134 (b) R 400.8210 (c) R 400.8216(2)(a) and (b)

(d) R 400.8219 (e) R 400.8274 (f) R 400.8770 Table 3. Exemptions with criteria Exempt from: Criteria (a) R 400.8125(10)(a) and (b)

If the school-age child care center operates in a school building approved by the department of education, and if the licensee informs parents in writing at the time of enrollment, that the center plans to use a public school’s outdoor play area and equipment that do not comply with subrule (10) of this rule.

(b) R 400.8158(2) and (3) If the school-age child care center operates in a school building.

(d) R 400.8501 to R 400.8565.

If the school-age center is established and operated by an intermediate school board, the board of a local school district, the board or governing body of a stateapproved nonpublic school, or by an individual or entity with whom a school contracts for services and is located in a school building that is approved by the state fire marshal or other similar authority for school purposes.

(e) R 400.8271(10)(d)

If the school-age children are using computers and other electronic devices for academic and educational purposes or using assistive and adaptive technology.

(f) R 400.8701 R 400.8710(1) and (2)

R 400.8720

R 400.8730

R 400.8740

R 400.8750

If a school-age child care center uses school transportation only.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8410 School-age program administrator qualifications; responsibilities {#sec-r-400.8410 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8410}

Rule 410. (1) Before hiring a new school-age program administrator, a licensee or licensee designee shall submit the credentials of the proposed program administrator to the department for review and approval in the manner prescribed by the department.

(2) School-age program administrators are responsible for the general management of the center, including the following minimum responsibilities:

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

(b) Administering day-to-day operations, including being available to address parent, child, and staff issues.

(3) A program administrator can oversee multiple sites if all of the following are met:

(a) The program administrator is immediately available for not less than 3 sessions during 30 consecutive open days within the center. Consecutive open days do not include days that are closed for holidays, planned closed days, or emergency closures.

(b) Written documentation of program administrator visits, including dates and times, is maintained.

(5) A staff-in-charge shall be present at the center during all hours of operation when the program administrator, who is overseeing a single site, is not on the premises.

(7) The department shall be notified when a substitute program administrator is appointed.

(8) A substitute program administrator shall be not less than 19 years of age, have a GED, and meet 1 of the following to be qualified:

(a) All of the following:

(i) A minimum of 1 year of experience.

(ii) Three hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(iii) Six hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(iv) Work in a center that participates in great start to quality.

(b) All of the following:

(i) A minimum of 6 months of experience.

(ii) Six semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, or a child-related field. Up to 30 hours of MiRegistry-approved training may be used to meet these requirements.

(iii) Work in a center that participates in great start to quality.

(i) A valid child development associate credential, Montessori credential, Michigan youth development associate certificate or credential, or associate degree or higher in any field of study.

(ii) Three hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(iii) Six hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(9) The program administrator shall have all of the following qualifications:

(a) Be not less than 21 years of age.

(b) Have a high school diploma or GED.

(10) A program administrator is exempt from subrule (9)(c) of this rule if there is a central administrator that complies with both of the following:

(a) Meets the requirements of a site administrator in subrule (9) of this rule.

(b) Is responsible for subrules (2)(a) and (c) of this rule.

(11) A program administrator of a school-age child care center shall meet 1 of the following to qualify:

(a) All of the following:

(i) A minimum of 1 year of experience.

(ii) Six semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, youth development, or a child-related field. Up to 30 hours of MiRegistry-approved training may be used to meet these requirements.

(iii) Works for a center that participates in great start to quality.

(b) All of the following:

(i) A minimum of 6 months of experience.

(ii) A valid child development associate credential, Montessori credential, Michigan youth development associate certificate or credential, or associate degree in any field of study.

(iii) Works for a center that participates in great start to quality.

(i) An associate degree or higher in any field of study.

(ii) Three hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(iii) Six hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(12) A school-age program director who was qualified on the director’s date of hire remains qualified as a program administrator as of the effective date of this rule as long as they remain continuously employed as a program administrator at the center or at another licensed center without a break in service of more than 180 days. Any variances approved as of the effective date of this rule remain effective and timeframes required in the variance must be met. Any variance requirements not completed by 4 years after the effective date of this rule are voided.

(13) A substitute director who was qualified on the substitute's director’s date of hire remains qualified as a substitute program administrator as of the effective date of this rule as long as they remain continuously employed as a substitute program administrator at the center or at another licensed center without a break in service of more than 180 days.

Any variances approved as of the effective date of this rule remain effective and timeframes required in the variance must be met. Any variance requirements not completed by 4 years after the effective date of this rule are voided.

(14) Verification of the qualifications of the program administrator and substitute program administrator must be maintained on file at the center or at the central office until 2 years after effective date of this rule, after which qualifications must be reflected as verified in MiRegistry.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8419 School-age child care center site administrator; qualifications; responsibilities {#sec-r-400.8419 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8419}

Rule 419. (1) A site administrator shall be present at the center during all hours of operation when the program administrator overseeing multiple sites is not on the premises.

(2) Site administrators are responsible for the daily operation and implementation of the site program, supervision of the site staff, and overall care and supervision of children.

(3) Site administrators shall assist the program administrator in all of the following:

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

(b) Administering day-to-day operations, including being available to address parent, child, and staff issues.

(4) Site administrators shall meet both of the following qualifications:

(a) Be not less than 18 years of age.

(b) Have a high school diploma or GED.

(5) Site administrators shall meet 1 of the following to be qualified:

(a) All of the following:

(i) A minimum of 6 months of experience.

(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of coursework in child care administration, early childhood education, child development, youth development, or a child-related field. Up to 30 hours of training from MiRegistry may be used to meet these requirements.

(iii) Work for a center that participates in great start to quality.

(b) All of the following:

(i) A minimum of 3 months of experience.

(ii) A valid child development associate credential, Montessori credential, Michigan youth development or credential, or associate degree in a child-related field.

(iii) Work for a center that participates in great start to quality.

(i) An associate degree or higher in any field of study.

(ii) 15 clock hours of school-age training.

(6) A site supervisor who was qualified on the site supervisor’s date of hire remains qualified as a site administrator as of the effective date of this rule as long as they remain continuously employed as a site supervisor at the center or at another licensed center without a break in service of more than 180 days.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8430 Use of large space requirements {#sec-r-400.8430 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8430}

Rule 430. For school-age child care centers located in a large space such as a cafeteria, gymnasium, or a multi-purpose room, groups can be combined if child care staff member to child ratios and group sizes are maintained, program staff and unsupervised volunteers are well positioned throughout the room, and interest areas are set up.

Editor's Note: An obvious error in R 400.8430 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8440 Emergency preparedness and response planning allowance in school buildings {#sec-r-400.8440 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8440}

Rule 440. School-age child care centers located in a school building may use the school’s emergency preparedness plan or drills, or both, if it meets all of the requirements in R 400.8269.

PART 8. FIRE SAFETY

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8501 National Fire Protection Association standards; adoption by reference {#sec-r-400.8501 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8501}

Rule 501. The National Fire Protection Association (NFPA) standards, in table 4, are adopted by reference in these rules with the exemptions noted. The standards are available for free from the NFPA website at www.nfpa.org, or from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9109, Quincy, Massachusetts 02269-9101. They are also available for inspection and distribution at no charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.

TABLE 4

Standard Title Edition NFPA-10 Standard for Portable Fire Extinguishers 2018 NFPA-13 Standard for the Installation of Sprinkler Systems 2019 NFPA-17A Standard for Wet Chemical Extinguishing Systems 2024 NFPA- 25 Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems NFPA-72 National Fire Alarm Code and Signaling Code 2019 NFPA-80 Standard for Fire Doors and Other Opening Protectives 2019 NFPA-96 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations NFPA-251 Standard Methods of Fire Resistance of Building Construction and Materials NFPA-265 Standard Methods of Fire Tests for Evaluation Room Fire Growth Contribution of Textile Coverings on Full Height Panels and Walls NFPA-701 Standard Methods of Fire Tests for Flame Propagation of Textiles and Films

History

History: 2013 AACS; 2019 AACS.; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8505 Definitions {#sec-r-400.8505 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8505}

Rule 505. As used in this part:

(a) “Basement” means a story of a building or structure having ½ or more of its clear height below average grade for not less than 50% of the perimeter.

(b) “Child care room” means a space or area bounded by any obstruction to egress of any height that, at any time, encloses more than 80% of perimeter of the space or area and is occupied by children.

(c) “Closet” means a room with dimensions of not greater than 24 square feet, not deeper than 3 feet, and is not used to store hazardous equipment or flammable products.

(d) “Combustible” means materials that ignite and burn when subjected to a fire or excessive heat.

(e) “Conversion” means to alter the use of an existing building or room to a center.

(f) “Existing building” means a structure or part of a structure not currently used as a center.

(g) “Existing licensed center” means a center that was licensed on or before December 7, 2006 and whose license continues uninterrupted.

(h) “Exit” means a way of departure from the interior of a building or structure to the open air outside at ground level.

(i) “Fire alarm” means a device used to alert the occupants of the building of fire or smoke conditions. The device must be audible in all parts of the building used as a center.

(j) “Fire alarm system” means an approved electrical closed circuit, self-supervised local system for sounding an alarm. The system is comprised of a central panel, manual pull stations near all outside exits, audible electric signal devices, and, where warranted, a remote trouble annunciator. All system components must be listed by a nationally recognized testing laboratory and installed in accordance with NFPA-72.

(k) “Fire door assembly” means a side-hinged, labeled fire door and labeled frame constructed and installed in compliance with NFPA-80.

(l) “Fire-resistance rating” means the time for an element in a building to maintain its particular fire resistance properties in accordance with NFPA-251.

(m) “Fire-resistive construction” means a building having walls, ceilings, floors, partitions, and roof of non-combustible materials having a minimum fire-resistance rating of 1 hour. This subdivision does not prohibit finished wood floors, doors, and windows with assorted frames and trim.

(n) “Flammable” means materials capable of being readily ignitable from common sources of heat or at a temperature of 600 degrees Fahrenheit, 316 degrees Celsius, or less.

(o) “Fuel-fired appliance” means a device that burns solid, liquid, or gaseous fuel or a combination thereof.

(p) “Hazard area” means those parts of a center building housing a commercial kitchen, heating plant, fuel-fired water heater, incinerator, or an area posing a higher degree of hazard than the general occupancy of the building.

(q) “Heating plant room” means a room or area housing fuel-fired equipment.

(r) “Interior finish” means the exposed interior surface materials of walls, fixed or movable partitions, and ceilings. This includes drywall, masonry, or wood substructure and surfacing materials such as paneling, tile, or other interior finish material and any surfacing materials, such as paint or wallpaper, applied thereto. Interior finish includes materials affixed to the building structure as distinguished from decorations or furnishings.

(s) “Means of egress” means a minimum of 36 inch wide continuous and unobstructed path of exit travel from any point in a building to the outside at grade.

(t) “New construction” means a created structure, addition, replacement, or alteration of structural components, such as walls.

(u) “Noncombustible” means materials that do not ignite and burn when subjected to fire.

(v) “Protected ordinary construction” means all of the following types of construction:

(i) Roofs and floors and their supports having a minimum of 1-hour fire-resistance rating.

(ii) Exterior bearing walls or bearing portions of exterior walls are of noncombustible or limited combustible materials and have a minimum of 1-hour fireresistance rating and stability under fire conditions.

(iii) Nonbearing exterior walls are of noncombustible or limited combustible materials.

(iv) Roofs, floors, and interior framing are wholly or partly made of wood of smaller dimension than required for heavy timber construction.

(w) “Standard partition construction” means a substantial smoke-tight assembly consisting of walls, in conjunction with ceilings at which they terminate, that are covered on both sides with minimum standard lath and plaster or ½-inch drywall over 2 by 4 foot studs. Doorways in these walls are protected with minimum 1¾-inch flush solid core wood doors or 20-minute labeled fire-rated doors and equipped with approved selfclosing devices and positive latching hardware. One or more glass panes are allowed in these walls and doors if each individual glass panel is fixed pane and not larger than 1,296 square inches of ¼-inch wired glass with no linear dimension longer than 54 inches, or fire-rated safety glass of any size, listed with a minimum fire rating of 45 minutes and installed as listed. In some cases, drywall or plaster is also necessary to protect the underside of stairs.

(x) “Textile material” means having a napped, tufted, looped, woven, non-woven, or similar surface.

(y) “Wired glass” means glass not less than ¼-inch thick, reinforced with wire mesh, number 24 gauge or heavier, with spacing not greater than 1 square inch.

(z) “Wood frame construction” means that type of construction in which exterior walls, bearing walls and partitions, and floor and roof constructions and their supports are made of wood or other combustible material.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8510 Plans and specifications; submission; approval; inspections {#sec-r-400.8510 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8510}

Rule 510. (1) A complete set of plans and specifications of any proposed center or proposed addition, alteration, or remodeling to an existing center must be submitted to the department for review and approval. If the total cost of the project is $25,000.00 or more, including labor and materials, the plans must bear the seal of a registered architect or engineer.

(2) Written approval must be obtained from the department before initiating any construction.

(3) A fire safety inspection must be conducted by the bureau of fire services or a department-approved qualified fire inspector, and an approval granted, before issuance of the original license and every 4 years thereafter, at the time of renewal.

(4) If a boiler is located in the building or child use area where children are located, it must be inspected, and a certificate provided, as required by the boiler division of the department of licensing and regulatory affairs.

(5) Fuel-fired furnaces must be inspected by a licensed mechanical contractor before issuance of an original license and every 2 years at renewal.

(6) Fuel-fired water heaters must be inspected by a licensed mechanical contractor or a licensed plumbing contractor before issuance of an original license and every 2 years at renewal.

(7) New furnace and water heater installations must be inspected and approved by the local mechanical inspecting authority at the time of installation.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8515 Construction {#sec-r-400.8515 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8515}

Rule 515. (1) If child occupancy is limited to the first or main floor, the building may be of wood frame construction.

(2) If child occupancy is on the second floor, all of the following are required:

(a) The building must be of protected ordinary construction.

(b) All required stairways and vertical openings must be enclosed by walls, in conjunction with openings therein, and ceilings at which they terminate that meet the requirements of standard partition construction to provide a protected means of egress to the outside with proper termination to grade.

(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-againstegress positive latching hardware.

(3) If child occupancy is above the second floor, then both of the following are required:

(a) The building must be of 1-hour fire-resistive construction.

(b) All required stairways and other vertical openings must be enclosed by a minimum 1-hour fire-resistive construction to provide a protected means of egress to the outside with proper termination to grade.

(4) If any portion of a basement is used for more than 30 children, then 1 of the following provisions is required:

(a) Two enclosed stairways of 1-hour fire-resistant construction must discharge directly to the outside with proper termination to grade, and all openings in the stairways must be protected by a minimum of 45-minute rated fire door assemblies. “B” labeled fire doors are acceptable.

(b) One approved exit from the occupied room or use area must discharge directly to the outside with proper termination to grade. Travel distance from any point in this room or area to this exit must be less than 50 feet.

(5) If basement occupancy is limited to not more than 30 children, then all of the following apply:

(a) One of the exits required by subrule (4) of this rule must discharge directly to the outside with proper termination to grade, or through a 1-hour fire-resistive enclosure.

(b) The second exit may terminate at the first-floor level with an approved floor separation meeting the requirements of standard partition construction between the basement and the first floor.

(c) For new construction and conversions, the separation must be located at the first floor with travel distance from the door to an approved exit not to exceed 100 feet.

(6) All vertical openings and stairways that are not required must be constructed and arranged with effective fire and smoke separation under the requirements of standard partition construction. All door openings must be as follows:

(a) Protected with 1¾-inch flush solid core wood doors or 20-minute labeled firerated doors.

(b) Installed in fully stopped smoke-tight substantial frames.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8520 Interior finishes {#sec-r-400.8520 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8520}

Rule 520. (1) The classifications of interior finishes for flame spread and smoke development, as displayed in table 5, must be used as follows:

TABLE 5

FLAME SPREAD AND SMOKE DEVELOPMENT FOR INTERIOR FINISHES

Class Flame Spread Smoke Developed A or I 0-25 0-450 B or II 26-75 0-450 C or III 76-200 0-450 (2) Basic materials in a means of egress and basement use occupancies must be class A or I or B or II.

(3) Basic materials in all other areas must be class C or III.

(4) Interior finish material more hazardous than class C or III is prohibited in child use areas.

(5) If an approved automatic sprinkler system is installed and maintained in accordance with NFPA-13 and NFPA-25, class C or III interior wall and ceiling finish materials are allowed in any location where class B or II is required and class B or II interior wall and ceiling finish materials are allowed in any location where class A or I is required.

(6) In an existing licensed center or conversion, existing interior finishes that do not comply with the classifications in subrule (1) of this rule may have their surfaces protected with an approved fire-retardant coating to meet the classifications for interior finishes. The coatings must be applied to interior finishes that are attached to or furred out not more than 1 inch from a noncombustible backing and applied according to manufacturer’s recommendations. Documentation must be provided as required by the department.

(7) Interior finish materials of classes B or II and C or III that are less than 1/4 inch in thickness must be applied directly against a noncombustible backing or be furred out not more than 1 inch unless the tests under which such material has been classed were made without a backer.

(8) Centers licensed before December 7, 2006 may retain previously approved fire retardant coated interior finishes.

(9) Textile materials having a class A or I rating and used as an interior finish are allowed as follows:

(a) On walls or ceilings of rooms or areas protected by an automatic sprinkler system approved by the department.

(b) On room partitions that are less than ¾ of the floor-to-ceiling height not to exceed 8 feet in height.

(d) Textile materials are allowed on walls and partitions if tested in accordance with and meeting the standards of NFPA-265. If compliance is achieved by application of a flame-proofing product in accordance with NFPA-701, documentation must be provided as required by the department.

(10) Drapery material may be used for stage curtains, room dividers, and similar uses if the material was tested and approved in accordance with NFPA-701.

(11) Drapery material applied to surfaces of a facility as an interior finish must meet the requirements of subrule (9) of this rule.

(12) All vinyl and wooden wall dividers must meet the interior finish requirements of subrules (1), (2), and (3) of this rule, as applicable.

(13) Bulletin boards must meet the interior finish requirements of subrules (2) and (3) of this rule.

(14) Combustible materials and decorations may be displayed on walls, not to exceed 20% of each wall in each room. Combustible materials and decorations suspended from or near the ceiling are prohibited.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8525 Exits {#sec-r-400.8525 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8525}

Rule 525. (1) Except as referenced in R 400.8515(5)(b), each occupied floor must have not less than 2 approved exits directly to the outside with proper termination to grade, remote from each other by 50% of the longest dimension of the floor or area served, and occupied rooms within the center must be located between means of egress, unless a first floor, self-contained, occupied room has an approved exit direct to the outside with proper termination to grade with a maximum travel distance of 50 feet from the most remote point in the room to the exit.

(2) Travel distance to an exit must be as follows:

(a) For infants and toddlers, travel must be 50 feet or less from the door of the occupied room to the exit.

(b) For preschoolers and school-aged, travel must be 100 feet or less from the door of the occupied room to the exit.

(c) Buildings with a complete fire suppression system may increase their travel distances by 50 feet if the fire suppression system plan is submitted and approved by the bureau of fire safety.

(d) Those areas approved before July 1, 2000 are exempt from the requirements of this rule.

(3) For all centers initially licensed after December 6, 2006, programs with infants and toddlers must have exits with proper termination and within 30 inches of grade or exits properly ramped to grade.

(4) Exit doors and all doors in the means of egress must be side-hinged and equipped with knob, lever-type, non-locking-against-egress, or panic-type hardware.

(5) Exit doors and doors in rooms occupied by 21 or more children must swing in the direction of egress.

(6) Means of egress must be maintained in an accessible, free, and unobstructed manner while a center is in operation.

(7) In new construction, additions, remodeling, and conversions, there must be a floor or landing on each side of an exit door. The floor or landing must be at the same elevation on each side of the door, except for variations in elevation due to differences in finish materials, which must not exceed ½ inch.

(8) In conversions, landings must have a width not less than the width of the stairway or the width of the door, whichever is greater. Landings must have a length not less than the width of the door.

(9) In new construction, additions, and remodeling, landings must comply with the latch-side clearance requirements of sections 404.2.3 to 404.2.3.5 of the International Code Council standard A117.1,-2017 Standard for Accessible and Usable Buildings and Facilities, American National Standard, which is adopted by reference and only applies to this subrule. The A117.1,-2017 Standard for Accessible and Usable Buildings and Facilities, American National Standard, can be purchased from the International Code Council for $36.60 at https://shop.iccsafe.org/icc-a117-1-2017-standard-for-accessibleand-usable-buildings-and-facilities-1.html, or from the International Code Council, 200 Massachusetts Ave, NW, Suite 250, Washington DC 20001, or by calling (888) 422 7233. They are also available for inspection and distribution at no charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.

(10) For new construction, additions, and remodeling, an exit door must be not less than 36 inches wide. Doors to multiple-use bathrooms must not be less than 32 inches wide.

(11) For the conversion of an existing building, exterior exit doors must be not less than 36 inches wide. Existing interior doors must be not less than 28 inches wide. Singleuse toilet room doors must not be less than 24 inches wide. Any remodeled door openings, other than the door swing, must comply with subrule (10) of this rule.

(12) Centers licensed before December 7, 2006 may retain previously approved door widths.

(13) Exterior exits must be marked or denoted by an approved exit sign. All exit signs must be distinctive in color and provide contrast with decorations, interior finish, or other signs. Each exit sign must have the word “EXIT” in plain, legible letters not less than 6 inches high, on a background of contrasting color, with strokes not less than ¾inch wide. The word “EXIT” must have letters that are not less than 2 inches wide, except the letter “I”.

(14) Exit signs must be internally or externally illuminated at all times. To ensure continued illumination for a duration of not less than 90 minutes, in case of primary power loss, the sign illumination means must be connected to an emergency power system provided from storage batteries, unit equipment, or an on-site generator.

(15) When nighttime care is provided, the center must have exits with proper termination and within 30 inches of grade or exits properly ramped to grade.

(16) When nighttime care is provided, all exit signs must be illuminated, and emergency lighting provided at the interior and exterior of the exits.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8530 Hazard Areas {#sec-r-400.8530 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8530}

Rule 530. (1) Hazard areas must be separated from the parts of the building used as a center in the following manner:

(a) In centers licensed before June 4, 1980, areas used for the storage of combustibles and other hazard areas are approved if they are enclosed with a minimum ¾-hour fire resistive construction and doorways to the areas are protected with a minimum 1¾-inch flush solid core wood or 20-minute labeled fire-rated doors equipped with approved self-closing devices and positive latching hardware.

(b) In centers licensed between June 4, 1980 and July 1, 2000, areas used for the storage of combustibles and other hazards are approved if they are enclosed by 1 of the following:

(i) If the area used for the storage of combustibles exceeds 100 square feet, by construction having a minimum 1-hour fire resistance rating, openings in the separation must be protected with a minimum of 45-minute rated fire door assembly, including an approved self-closing device and positive latching hardware. “B” labeled doors are acceptable.

(ii) If the area used for the storage of combustibles does not exceed 100 square feet, by construction having a minimum ¾-hour fire resistance rating, all door openings must be protected by minimum 1¾-inch flush solid core wood doors or 20-minute labeled fire-rated doors hung in substantial frames and equipped with approved self-closing devices and positive latching hardware.

(c) In centers licensed after July 1, 2000, areas used for the storage of combustibles and other hazards are approved if they are enclosed by 1 of the following:

(i) If the area used for the storage of combustibles exceeds 100 square feet, by construction having a minimum 1-hour fire resistance rating, openings in the separation must be protected with a minimum of 45 minute-rated fire door assembly, including an approved self-closing device and positive latching hardware. “B” labeled doors are acceptable.

(ii) If the area used for the storage of combustibles does not exceed 100 square feet, by construction having a minimum 1-hour fire resistance rating. All door openings must be protected by minimum 1¾ inch flush solid core wood doors or 20-minute labeled fire-rated doors in substantial frames and equipped with approved self-closing devices and positive latching hardware.

(iii) If the area is used for the storage of combustibles, including basements and areas adjacent to the licensed area, a room must be protected according to subrule (1)(c)(i) or (ii) of this rule.

(2) If a kitchen with fuel-fired appliance cooking equipment exposes a required means of egress or child use area, it must be separated from the remainder of the building with minimum 1-hour fire resistive construction, including a minimum of 45-minute rated fire door assemblies in all common openings. Kitchens having fuel-fired appliance cooking equipment protected by an approved automatic kitchen hood suppression system are exempt from this requirement. “B” labeled doors are acceptable.

(3) The use of an incinerator is prohibited.

(4) Heating must be by a central heating plant or an approved permanently installed electrical heating system. If heating is provided by a central heating plant and located on the same floor that is used for child occupancy or adjacent to the licensed area such as the basement or attic, it must be installed in an enclosure providing not less than a 1-hour fire-resistive separation, including a minimum of 45-minute rated fire door assembly equipped with an approved self-closing device and positive latching hardware in any interior door opening.

(5) In centers licensed before December 7, 2006, a properly installed heating plant located in a basement that is not used for child occupancy does not require additional protection if there is a qualified fire separation and with not less than a 1¾-inch flush solid core wood doors or 20-minute labeled fire-rated doors hung in a substantial frame and equipped with an approved self-closing device and positive latching hardware in all stairway openings.

(6) Any fuel-fired appliance must be located according to subrule (4) or (5) of this rule, as applicable.

(7) If electric heating is used, it must be Underwriters’ Laboratories, Inc. (UL) listed, permanent, fixed-type electrical heating such as recognized panel or baseboard fixed-type. Electric heating that complies with this requirement may be installed in any location.

(8) Auxiliary heating units, such as portable combustion or electrical types, are prohibited.

(9) The center shall not store flammable materials, including fuels, pressurized cans, cleaning fluids and supplies, polishes, and matches, in heat plant enclosures. These items may be stored outside of child use areas in metal cabinets or storage facilities accessible only to authorized staff.

(10) The center shall not store combustible materials within the central heating plant or fuel-fired water heater rooms or in basements containing fuel-fired heating equipment, without a proper fire separation.

(11) The center shall not allow flammable gases, gasoline, or gasoline-powered equipment in the part of a building that is used as a center or in other parts of the building from which there is a door, window, or other opening into the center, unless that part of the building is separated from the remainder of the building by minimum 2-hour fire resistive construction.

(12) If a fuel-fired laundry equipment is installed, the equipment must be enclosed to provide a 1-hour resistance to fire, including a minimum of 45-minute rated fire door assembly in an interior door opening that would expose the center. “B” labeled doors are acceptable.

(13) Dryer vents must be metal or Underwriters’ Laboratories, Inc (UL) listed flexible transition duct and vented completely to the exterior.

(14) The department does not require fire dampers in ¾-hour and 1-hour fireresistive enclosures.

(15) All appliances and equipment in the center must be installed and maintained in accordance with their manufacturer’s specifications.

(16) Centers shall be maintained free of all conditions that constitute fire safety hazards.

(17) When oxygen is needed for a child in care, all of the following must apply:

(a) The center shall not store more than a day’s worth of oxygen on the premises and only when the child is in attendance.

(b) Tanks that are not in use must be secured from tipping over and labeled as full or empty.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8535 Fire alarm {#sec-r-400.8535 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8535}

Rule 535. (1) In centers with 4 child-occupied rooms or less, excluding bathrooms, and 60 or less children, a fire evacuation method, either electrical or manual, must be installed, with a separate and distinct notice sounding throughout the center.

(2) In centers of more than 4 child-occupied rooms, excluding bathrooms, or in centers licensed for more than 60 children, an approved fire alarm system must be installed and maintained in compliance with NFPA-72.

(3) In new construction, conversions, remodeling, or newly licensed centers, the trouble signal for required fire alarm systems must be located in an area normally occupied by child care staff members.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8540 Smoke alarms; carbon monoxide detectors {#sec-r-400.8540 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8540}

Rule 540. (1) All child care centers shall, at a minimum, be equipped with approved single station smoke alarms covering all use areas and their means of egress. These smoke alarms must be located and spaced according to NFPA-72.

(2) Centers in buildings equipped with a fire alarm system shall have system smoke alarms installed in accordance with subrule (1) of this rule that are connected to and monitored by the fire alarm system.

(3) Centers in buildings with any fuel-fired heating systems shall have a carbon monoxide detector, listed by a nationally recognized testing laboratory, on all levels approved for child care and in each use area covered by a different furnace zone.

(4) Centers shall properly install and maintain all alarms and detectors in operable condition in accordance with manufacturer’s recommendations.

(5) Other detector installation and arrangements approved before the adoption of these rules may remain in service.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8545 Fire extinguishers {#sec-r-400.8545 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8545}

Rule 545. (1) Multipurpose fire extinguishers, having ratings of not less than 2A- 10BC, must be installed in or adjacent to the kitchen or cooking area and in or adjacent to the door of the heating plant room.

(2) Additional fire extinguishers must be provided in accordance with NFPA-10 for light hazard occupancies, including child care centers.

(3) Fire extinguishers must be properly mounted, inspected, and maintained in accordance with NFPA-10. The fire extinguisher must bear a tag indicating the last date of inspection or service and the initials of the individual who performed the inspection or service.

History

History: 2013 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8550 Electrical service {#sec-r-400.8550 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8550}

Rule 550. (1) The electrical service shall be maintained in a safe condition.

(2) For new construction and additions, electrical systems and service shall be inspected and approved by the electrical inspecting authority having jurisdiction. A copy of the certificate of approval shall be maintained at the center at all times.

(3) When warranted, conversions of existing buildings and existing rooms to child care use, as well as existing licensed centers, may require an electrical inspection.

(4) Extension cords, listed by a nationally recognized testing laboratory, and used in accordance with all manufacturer’s recommendations, may be used on a temporary basis, and for short periods of time.

(5) All electrical outlets in child use areas for children who are not yet school-age shall be made inaccessible to children.

(6) All electrical outlets in approved child use space located within 6 feet of a sink or other water source shall be protected by a ground-fault circuit interrupter (GFCI).

(7) Power strips shall be equipped with surge protectors and shall not be longer than 6 feet or be connected to another power strip.

History

History: 2013 AACS.

Mich. Admin. Code R 400.8555 Open-flame devices; candles {#sec-r-400.8555 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8555}

Rule 555. All open-flame devices, candles, and incense are prohibited, except for religious celebrations.

History

History: 2013 AACS.

Mich. Admin. Code R 400.8560 Rescinded {#sec-r-400.8560 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8560}

History

History: 2013 AACS; 2019 AACS; 2022 AACS.

Mich. Admin. Code R 400.8565 Fire safety; exemptions for public and nonpublic school buildings {#sec-r-400.8565 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8565}

Rule 565. The rules with respect to fire prevention and fire safety in this part do not apply to a center established and operated by an intermediate school board, the board of a local school district, the board or governing body of a state-approved nonpublic school, or an individual or entity with whom a school contracts for services, if the center is located in a school building that is approved by the state fire marshal or other similar authority for school purposes.

PART 9. TRANSPORTATION

R 400.8701. Definitions.

Rule 701. As used in this part:

(a) “Manufacturer’s rated seating capacity” means the number of places or spaces provided by the manufacturer of a vehicle for the driver and passengers to sit while the vehicle is in motion.

(b) “Motor vehicle” means a self-propelled device in which individuals are or may be transported on a highway, built on an automobile or truck chassis specifically designed by the manufacturer to transport passengers, or specially modified to transport handicapped passengers, and that meets the safety equipment requirements of sections 683 to 711 of the Michigan vehicle code, 1949 PA 300, MCL 257.683 to 257.711.

(c) “Multifunction school activity bus” means that term as described in section 7 of the pupil transportation act, 1990 PA 187, MCL 257.1807.

(d) “Safety belt” means an automobile lap belt or lap-shoulder belt combination designed to restrain and protect a passenger or driver of a vehicle from injury.

(e) “School bus” means that term as defined in section 7 of the pupil transportation act, 1990 PA 187, MCL 257.1807.

(f) “School transportation” means transportation provided by a public, non-public, or private school.

(g) “Transportation” means the conveyance of children by means of a motor vehicle to or from a center and to and from all activities planned for children by or through the center.

(h) “Transportation component” means when a center uses center owned vehicles, vehicles of staff or volunteers, or other private or contracted transportation to transport children for any reason. Transportation component does not include either of the following:

(i) Transportation is not a component of the child care program if a child care center uses public transportation or public or private school transportation; however, certain transportation rules still apply.

(ii) Transportation is not a component of the child care program if a child care center contracts with, or is established and operated by an intermediate school district, the board of a local school district, or by the board or governing body of a state-approved nonpublic school. If transportation is not a component of the child care program, the school is responsible for the health and safety of children during transportation. If this paragraph applies, a child care center is not required to complete a comprehensive background check on the transportation staff through the Child Care Background Check System.

(i) “Volunteer motor vehicle” means a motor vehicle not owned by, leased by, or registered to the center or principle or employee of the center.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8710 Transportation {#sec-r-400.8710 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8710}

Rule 710. (1) If transportation other than public transportation or school transportation is provided, contracted, or sponsored by the center, all rules in this part apply.

(2) If public transportation or school transportation is used, only R 400.8760, 400.8770, and 400.8780 apply.

(3) If a parent makes a private arrangement for the transportation of their child, not including arrangements made with the center, the rules in this part do not apply.

History

History: 2013 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8720 All motor vehicles {#sec-r-400.8720 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8720}

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.

(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.

History

History: 2013 AACS; 2019 AACS.

Mich. Admin. Code R 400.8730 Safety equipment in motor vehicles {#sec-r-400.8730 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8730}

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.

History

History: 2013 AACS; 2019 AACS.

Mich. Admin. Code R 400.8740 Manufacturer’s rated seating capacity; restraint devices; safety belts {#sec-r-400.8740 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8740}

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 pursuant to sections 710d and 710e of the Michigan vehicle code, 1949 PA 300, MCL 257.710d and 257.710e.

(2) Passenger restraint devices, as required by subrule (1) of this rule, are not required for children transported on a school bus or a multifunction school activity bus.

(3) Each restraint device must be properly anchored to the vehicle seat and used according to the manufacturer’s specifications.

(4) Allowing 2 or more children to share a seat belt or restraint device is prohibited.

(5) The driver of a motor vehicle and all adult passengers shall be seated according to the manufacturer’s rated seating capacity and properly restrained by safety belts when the motor vehicle is in motion.

(6) All safety belts and restraint devices used while transporting children and adults must be in good working condition.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8750 Motor vehicle operator {#sec-r-400.8750 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8750}

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.

(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.

(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.

History

History: 2013 AACS; 2019 AACS.

Mich. Admin. Code R 400.8760 Program staff and unsupervised volunteer-to-child ratio and supervision in transit {#sec-r-400.8760 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8760}

Rule 760. (1) The ratio of staff and volunteers-to-children in transit is based on the following provisions:

(a) For infants and toddlers, there must be 1 program staff member or unsupervised volunteer for 4 children. The driver does not count in the staff and volunteer-to-child ratio.

(b) For preschoolers under 3 years of age, there must be 1 staff member or volunteer for 8 children. The driver does not count in the program staff and unsupervised volunteer-to-child ratio.

(c) For 3-year-olds, there must be 1 program staff member or unsupervised volunteer for 10 children. The driver may be counted in the program staff or unsupervised volunteer-to- child ratio.

(d) For 4-year-olds, there must be 1 child care staff member or volunteer for 12 children. The driver may be counted in the staff or volunteer-to-child ratio.

(e) For school-aged, there must be 1 child care staff member or volunteer for 18 children. The driver may count in the staff or volunteer-to-child ratio. This requirement does not apply when school-age children are transported to and from school on school transportation or are using public transportation.

(f) An additional child care staff member or volunteer is not required if only 1 child under 36 months of age is transported.

(2) To count in the child care staff member or volunteer-to-child ratios, child care staff members or volunteers shall be all of the following:

(a) Not less than 16 years of age.

(b) Seated with the children.

(3) When children are entering or leaving the motor vehicle, the following safety precautions must be taken:

(a) The accompanying child care staff member, volunteer, or driver shall ensure that the children are received by a child care staff member, parent, or other individual as designated by the parent.

(b) Children shall enter and leave the motor vehicle from the curbside unless the vehicle 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.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8770 Time limitation on child transit {#sec-r-400.8770 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8770}

Rule 770. For children under school-age, transportation routes must be planned so that a child is not in the motor vehicle longer than 1.5 continuous hours.

History

History: 2013 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8780 Parent permission for transportation {#sec-r-400.8780 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8780}

Rule 780. (1) A center shall obtain a parent’s written permission annually for routine transportation.

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

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

PART 10. SWIMMING

History

History: 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8801 Definitions {#sec-r-400.8801 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8801}

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.

History

History: 2013 AACS; 2019 AACS.

Mich. Admin. Code R 400.8810 Swimming; child care staff member-to-child ratio {#sec-r-400.8810 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8810}

Rule 810. (1) Written parental permission regarding their child’s participation in swimming activities must be maintained on file at the center.

(2) A lifeguard shall be on duty at all swimming activities and shall not be included in the child care staff member-to-child ratio.

(3) For children under 3 years of age, there shall be an in-the-water ratio of 1 child care staff member to 1 child.

(4) For all non-swimmers 3 years of age and older, there shall be an in-the-water ratio of 1 child care staff member to 4 children when the water level is at the child’s chest height or lower. When the water level is above the child’s chest height, there shall be an in-the-water ratio of 1 child care staff member to 1 child.

(5) For swimmers 3 years of age and older, there shall be an in-the-water child care staff member-to-child ratio as required by R 400.8222(3).

History

History: 2013 AACS; 2019 MAACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8820 Swimming activity supervision {#sec-r-400.8820 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8820}

Rule 820. All child care staff members counted in the child care staff member-tochild ratio shall be both of the following:

(a) Actively engaged in providing direct care, supervision, and guidance.

(b) Physically able to assist children quickly.

History

History: 2013 AACS; 2019 AACS.

Mich. Admin. Code R 400.8830 Instructional swim {#sec-r-400.8830 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8830}

Rule 830. (1) Instructional swim must be conducted under the supervision of a qualified water safety instructor (WSI), who is certified by the American Red Cross, in an organization such as the YMCA or YWCA, and where instructional swim is part of the organized program.

(2) The child care staff member-to-child ratio under R 400.8222(3) must be maintained. The instructor shall not be included in the ratio.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Mich. Admin. Code R 400.8840 Swimming activity area {#sec-r-400.8840 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.8840}

Rule 840. (1) All swimming areas must be maintained in a clean and safe condition.

(2) A public pool used for swimming must be inspected by the local health department and issued a license by the department of environment, Great Lakes, and energy.

(3) The water at a public or private beach must not be used if determined unsafe by the local health department.

(4) A working phone must be accessible on the premises.

(5) All of the following safety equipment must be readily accessible:

(a) First aid kit.

(b) Rescue pole or throwing rope and ring buoy.

(6) The use of hot tubs, residential pools, and private wading pools is prohibited.

History

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Office of Education Partnerships Office of Education Partnerships

R 400.11101 to R 400.11413 Children's and Adult Foster Care Camps

Mich. Admin. Code R 400.11101 Definitions {#sec-r-400.11101 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11101}

DEPARTMENT OF HUMAN SERVICES

DIVISION OF CHILD WELFARE LICENSING

CHILDREN'S AND ADULT FOSTER CARE CAMPS

(By authority conferred on the director of the Michigan Department of Human Services by sections 2, 5, 10, and 14 of 1973 PA 116 by sections 9, 10, 11, 12, and 13 of 1979 PA 218 and Executive Reorganization Orders Nos. 1996-1, 1996-2, 2003-1, and 2004-4, MCL 722.112, 722.115, 722.120, 722.124, 400.709, 400.710, 400.711, 400.712, 400.713, 330.3101, 445.2001, 445.2011, and 400.226)

PART 1. GENERAL PROVISIONS

Rule 101. (1) As used in parts 1, 2, 3, or 4 of these rules:

(a) "Act 116" means 1973 PA 116.

(b) "Act 218" means 1979 PA 218.

(i) A person who is 18 years of age or older.

(ii) A person who is placed in an adult foster care family home or an adult foster care home pursuant to section 5(6) or (8) of 1973 PA 116, MCL 722.115.

(d) "Authorized person," means a parent, guardian, or adult camper's designee.

(e) "Camp" means a camp as defined in section 1 of Act 116, and section 3 of Act 218.

(f) "Camper" means a minor child who receives care and supervision, and an adult who is aged, emotionally disturbed, developmentally disabled, or physically handicapped and who requires supervision on an ongoing basis.

(g) "Camper with disabilities" means a camper who requires assistance in managing daily living, movement, or behavior to assure his or her safety and well-being.

(h) "Campsite" means an outdoor setting that has natural or man-made features available for outdoor living or activities and is located where a camp is operated.

(i) "Day camp" means a camp that provides care more than 4 but less than 24 hours a day.

(j) "Department" means the department of human services.

(k) "Excessive restraint" means restricting movement beyond that which is necessary to assist a camper to regain control or that is necessary to protect the camper from injuring himself or herself or others. Restraint, when used, shall be the least amount of force necessary over the shortest period of time necessary.

(l) "Facilities" means the structures, furnishings, and installations provided on a campsite for living and program purposes.

(m) Natural environment" means an out-of-doors setting where a camp program is run at least 51% of the time.

(n) "Residential camp" means a camp that provides care on a 24-hour basis at a regulated campsite.

(o)"Staff member" means either a paid employee or a volunteer who has responsibility for the direct care or supervision of campers or who has unsupervised contact with campers.

(p) "Travel camp" means a camp that provides care on a 24-hour basis that is not stationed at a specific campsite.

(q) "Troop camp" means a camp sponsored by the Boy Scouts of America or the Girl Scouts of the USA that provides care on a 24-hour basis and is not stationed at a specific campsite.

(r) "Watercraft" means any of the following:

(i) An inner tube.

(ii) A canoe.

(iii) A rowboat.

(iv) A kayak.

(v) A raft that is not permanently anchored.

(vi) A paddleboat.

(vii) A sailboat.

(viii) A sailboard.

(ix) A personal watercraft.

(x) A power boat.

(xi) A pontoon boat.

(xii) Any other craft used for activity by campers on water.

(2) Terms defined in Act 116 and Act 218 have the same meaning when used in these rules.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11102 Deemed status {#sec-r-400.11102 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11102}

Rule 102. (1) The department may accept, for the purpose of determining compliance with this part, except for R 400.11109(4), (7), and (8), R 400.11122, R 400.11147, R 400.11149, R 400.11401(1), and R 400.11405, evidence that the camp is currently accredited by a nationally recognized accrediting body.

(2) A camp shall request deemed status on an annual basis. Both of the following apply:

(a) If accreditation is accepted, a camp shall submit to the department a copy of the most recent accreditation report within 60 days of receipt.

(b) A camp shall only be eligible for deemed status if the license is on a regular status.

(3) The acceptance of accreditation in subrule (1) of this rule does not prohibit the department from conducting on-site investigations or requiring environmental health and fire safety inspections at intervals determined by the department.

History

History: 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11103 Adoption of standards by reference {#sec-r-400.11103 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11103}

Rule 103. The department adopts by reference in these rules the standards in this rule. The standards referenced in subrules (1) and (2) of this rule are available from the American Red Cross, 2025 E Street NW, Washington, DC 20006, www.shopstaywell.com the National Outdoor Leadership School, 284 Lincoln Street, Lander WY 82520-2848 or The U.S. Department of Health and Human Services/U.S. Department of Agriculture, www.healthierus.gov/dietaryguidelines at the costs specified. The standards referenced in this rule are also available for inspection, and distribution to the public at cost, from the Bureau of Children and Adult Licensing, Department of Human Services, P.O. Box 30650, Lansing, Michigan 48909. The costs indicated are those in effect at the time these rules were promulgated.

(1) The American Red Cross standards adopted are as follows:

(a) Manual no. 656137 entitled "Responding to Emergencies - Instructors Manual," 2005, $27.99.

(b) Manual no. 652161 entitled "Red Cross CPR/AED for the Professional Rescuers - Instructor's Manual," 2006, $23.99.

(d) Manual no. 654171 entitled "Basic Water Rescue and Small Craft Safety - Instructor's Manual," 1997 - $5.50. (Available from ARC St. Louis Chapter, St. Louis, MO. (314)516-2800)

(e) Manual no. 651301 entitled "American Red Cross Water Safety Instructor's Manual," 2004, $21.95.

(f) Pamphlet no 655107 entitled "Bloodborne Pathogens Training - Preventing Disease Transmission," 2005, $48.00 for 25.

(2) The National Outdoor Leadership School Standards are as follows:

(a) Manual no. 16175 entitled "Wilderness First Responder's Textbook," 2005, $29.95.

(b) Manual no. 16378 entitled "Wilderness First Aid," 2005, $14.95.

(3) The U.S. Department of Health and Human Services/U.S. Department of Agriculture standard is Dietary Guidelines for Americans 2005, available online at www.healthierus/gov/dietaryguidelines.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11105 Variance from rules; parts 1, 2, 3, and 4 {#sec-r-400.11105 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11105}

Rule 105. (1) Upon the written request of an applicant or licensee, the department's licensing authority may grant a variance from an administrative rule if the alternative proposed provides clear and convincing evidence that the health, welfare, and safety of campers is protected.

(2) The decision of the department's licensing authority to grant or deny a variance shall be entered upon the records of the department's licensing authority and a signed copy shall be sent to the applicant or licensee. A 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.

History

History: 1984 AACS; 1989 AACS; 2009 AACS.

Mich. Admin. Code R 400.11106 Applicability {#sec-r-400.11106 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11106}

Rule 106. (1) This part applies to all adult foster care camps and to children's camps as follows:

(a) A day camp that operates more than 4 hours but less than 24 hours per day for 5 or more days in any 14-day period.

(b) A residential, travel, or troop camp that operates for more than 12 hours per day for 5 or more days, including at least 1 overnight, in any 14-day period.

(2) R 400.111113, R 400.11119, R 400.11121, R 400.11121, R 400.11127, R 400.11145, and R 400.11146 do not apply to site licenses.

History

History: 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11107 Written policies, procedures, program statements, or plans; review {#sec-r-400.11107 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11107}

Rule 107. All written policies, procedures, program statements, or plans required by these administrative rules shall be available for review by the public. Inquiries from a parent or guardian of a camper shall be handled by the licensee in a prompt and responsive manner.

History

History: 1984 AACS; 2009 AACS.

Mich. Admin. Code R 400.11109 Staff {#sec-r-400.11109 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11109}

Rule 109. (1) A camp shall have a camp director who is on duty or in residence at the campsite and who is responsible for the day-to-day administration of the camp and for assuring the care, safety, and protection of campers.

(2) A camp director shall meet all of the following requirements:

(a) Be not less than 21 years of age.

(b) Have a minimum of 8 weeks of cumulative full-time experience working with a population similar to that which the camp serves.

(d) A camp director shall be familiar with these administrative rules.

(3) A camp shall notify the department within 30 days of employing a new camp director.

(4) If the camp director is away from the operation for more than 12 hours, the person who is left in charge shall meet all of the requirements specified in subrule (2) of this rule.

(5) A camp shall maintain a roster of all current staff members.

(6) Before assignment, a camp shall evaluate all of the following characteristics for each staff member in relation to the duties to be assigned:

(a) Character.

(b) Emotional stability.

(d) Ability.

(e) Experience.

(f) Education.

(7) A camp shall maintain a personnel record, collected before initial assignment, for each staff member, except medical professionals whose employing organization subcontracts with the camp to provide medical services and that already requires clearances and maintains a personnel file containing all required documentation and that may be reviewed at the employer's site. The record shall include all of the following information:

(a) Name.

(b) Documentation of compliance where the position occupied has experience or education requirements specified by an administrative rule.

(d) Three statements of positive reference that are obtained before staff assignment and that are from persons unrelated to the staff member.

(e) A record of any criminal convictions other than minor traffic violations, including at least 1 of the following:

(i) Documentation from the Michigan State Police or the equivalent law enforcement agency from the state, Canadian province, or other country where the person usually resides.

(ii) Documentation from an entity accessing either Michigan State Police records or equivalent law enforcement agency records in the state. Canadian province, or other country where the person usually resides.

(iii) International staff clearances provided by recognized international programs such as International Camp Counselor Program, Camp America, Camp Counselors USA, Camp USA, Summer Camp USA, or approved equivalent shall be determined to meet the requirement of subdivisions e(i) or (ii) or (f) of this subrule.

(iv) If the employee has criminal convictions, the licensee or designee shall complete a written evaluation of the convictions that addresses the nature of the conviction, the length of time since the conviction, and the relationship of the conviction to the regulated activity to determine whether the prospective employee complies with subrule (6) of this rule.

(f) Documentation from the Michigan Department of Human Services, the equivalent state or Canadian provincial agency, or equivalent agency in the country where the person usually resides, that any staff person age 21 or over has not been determined to be a perpetrator of child abuse or child neglect.

(8) A camp shall have a written job description for each staff classification covered by these rules. The job description shall contain all of the following information:

(a) Duties.

(b) Qualifications.

(d) Lines of authority.

A camp shall provide each staff member with a copy of the job description for the position the staff member fills.

(9) A camp shall establish and provide a pre-camp training program for staff members. A camp shall ensure that the overall training time, including pre-camp training, shall be not less than 3 hours for each week a person works for the first 10 weeks of the camp's operation.

(10) A camp shall ensure that the program content for the pre-camp training is in writing and includes all of the following information:

(a) The camp's philosophy, objectives, policies, and operating procedures.

(b) Procedures and requirements of these rules related to each staff member's duties.

(d) Developmental needs of the population that is served.

(e) Acceptable techniques of camper supervision.

(11) A camp shall establish and provide an in-service training program for staff members. A camp shall maintain a written record of the training content, dates, and times.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11111 Number of staff {#sec-r-400.11111 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11111}

Rule 111. (1) A camp shall develop and follow a written staffing ratio plan for the camper population served. A camp shall ensure that the ratio is not less than as specified in subrule (2) of this rule.

(2) A camp shall ensure that the ratio of adult staff members to campers at any one time is as follows:

(a) For campers below the age of 13, during their awake hours there shall be 1 adult staff member for every 10 campers or a fraction thereof beyond the first 10.

(b) For campers below the age of 13, during their sleeping hours there shall be 1 adult staff member for every 14 campers or a fraction thereof beyond the first 14.

(c) For campers 13 years of age or older, there shall be 1 adult staff member for every 14 campers or a fraction thereof beyond the first 14.

(d) For campers with disabilities, during their awake hours there shall be 1 adult staff member for every 3 campers or a fraction thereof beyond the first 3.

(e) For campers with disabilities, during their sleeping hours there shall be 1 adult staff member for every 6 campers or a fraction thereof beyond the first 6.

(f) The minimum number of staff on duty and in camp is 2 adult staff members.

(3) In a camp that has more than 50 campers, the camp director shall not be included in determining the staff member-camper ratio and shall not serve full-time as the health officer or as an aquatics supervisor.

History

History: 1984 AACS; 1989 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11113 Behavior management {#sec-r-400.11113 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11113}

Rule 113. (1) A camp shall have and follow a written camper behavior management policy.

(2) A camp shall include in the policy, methods for the positive behavior management of campers.

(3) A camp shall include in the policy a statement that a camper shall not be deprived of food or sleep; shall not be placed alone without staff supervision, observation, and interaction; or shall not be subjected to hazing, ridicule, threat, corporal punishment, excessive physical exercise, or excessive restraint.

(4) A camp shall furnish a copy of the policy to all staff members.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11115 Child and adult protection plan {#sec-r-400.11115 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11115}

Rule 115. (1) A camp shall develop and follow a written plan to assure compliance with 1975 PA 238, MCL 722.621 and known as the child protection law, and sections 11 to 11f and 14 of 1939 PA 280, MCL 400.11 to 400.11f and 400.14, and known as the adult protection law.

(2) The plan shall cover all of the following areas:

(a) Reporting responsibilities.

(b) Confidentiality.

(c) Separation of an alleged perpetrator from campers until the incident is resolved, until the threat is removed, or as long as necessary to protect the safety and welfare of the campers.

History

History: 1984 AACS; 1989 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11117 Roster of campers; records {#sec-r-400.11117 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11117}

Rule 117. (1) A camp shall maintain a current roster of all campers.

(2) A camp shall keep records for each camper at the camp when in session.

The records shall include all of the following information:

(a) The camper's name, age, and home address.

(b) The authorized person's name, address, and telephone number and where the authorized person may be reached in case of emergency.

(d) For each camper, identification of any special needs, limitations, and adaptations to assist in camper participation in all aspects of camp life and activities.

(3) A camp shall develop and follow a written plan to assure that a camper is not released into the custody of another person without a written statement of permission from the authorized person. The plan shall include all of the following information:

(a) When the camper is to be released.

(b) Where the camper release is to occur.

(d) To whom the camper is to be released.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11119 Health service policy {#sec-r-400.11119 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11119}

Rule 119. (1) A camp shall have and follow a written health service policy that is appropriate to the population served and the environment of the campsite.

(2) A camp shall establish the health service policy in consultation with, and reviewed annually by, a licensed physician.

(3) A camp's health service policy shall cover all of the following subjects:

(a) Procedures for camper health screening.

(b) Arrangements for on-call health care consultation services.

(d) First aid and health care supplies.

(e) The storage and administration of prescription and nonprescription drugs and medications.

(f) Medical procedures for camper trips away from a campsite.

(g) Procedures for daily observation of each camper's physical state.

(h) Procedures for prompt and responsive notification of the camper's authorized person.

(i) Health officer staffing.

(j) Procedures for preventing disease transmission/universal precautions equivalent to the procedures in the American Red Cross manual number 655107, which is adopted by reference in R 400.11103.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11121 Health care staff: day camp {#sec-r-400.11121 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11121}

Rule 121. (1) A day camp that has less than 20% of its campers with disabilities shall have, at a minimum, an agreement for the provision of emergency medical services with the local emergency services provider or EMT that is within a 5-minute response time, or employ a health officer, as defined in R 400.11122 (1) and (3), who is on duty at the camp during all hours there are campers present.

(2) If 20% or more of the camper population are campers with disabilities, a health officer shall be on duty at the camp during all hours there are campers present and be 1 of the following:

(a) A licensed physician.

(b) A licensed physician's assistant.

(d) A registered nurse.

(e) A licensed practical nurse.

(f) A licensed emergency medical technician.

(g) A licensed medical first responder.

(h) An adult who is certified as a wilderness first responder or has met the requirements equivalent to those set forth by the National Outdoor Leadership School manual number 16175, which is adopted by reference in R 400.11103.

(3) A person who is licensed in another state or Canadian province as a physician, physician's assistant, nurse, or emergency medical technician is deemed to meet the requirements of subrule (2) of this rule.

R400.11122 Health care staff; residential; troop; travel camp

Rule 122. (1) A person who serves as a camp health officer shall hold certification that is equivalent to community first aid and CPR for the professional rescuer requirements in the American Red Cross manual number 656137, which is adopted by reference in R 400.11103.

(2) A resident, troop, or travel camp shall employ a health officer who is on duty or in residence at the camp.

(3) A health officer shall be 1 of the following:

(a) A licensed physician.

(b) A licensed physician's assistant.

(d) A registered nurse.

(e) A licensed practical nurse.

(f) A licensed emergency medical technician.

(g) A licensed medical first responder.

(i) If less than 20% of the camper population are campers with a disability, the health officer may be an adult who has satisfactorily completed training and certification that is equivalent to the requirements in American Red Cross manual number 656137 which is adopted by reference in R 400.11103.

(4) A person who is licensed in another state or Canadian province as a physician, physician's assistant, nurse, or emergency medical technician is deemed to meet the requirements of subrules (3) and (4) of this rule.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.
History: 2009 AACS.

Mich. Admin. Code R 400.11123 Health facilities {#sec-r-400.11123 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11123}

Rule 123. (1) An adult foster care camp, and a children's day and residential camp shall have a designated area to serve as a health center.

(2) A camp shall provide for the temporary isolation of any camper, staff member, or other person in camp who comes in contact with campers and who is suspected of having a contagious disease. The place of isolation shall ensure privacy and quiet and shall not be located in, or directly adjacent to, a food storage, preparation, or serving area.

(3) A camp shall hold all prescription and nonprescription drugs and medications in secure locked storage unless medically contraindicated.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11125 Staff health requirement {#sec-r-400.11125 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11125}

Rule 125. A camp shall maintain a health history statement for each staff member.

A camp shall maintain and safeguard any health information received in a manner consistent with the confidentiality requirements of 1973 PA 116 for children and their families and 1979 PA 218 for adult foster care residents.

History

History: 1984 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11127 Camper health requirements {#sec-r-400.11127 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11127}

Rule 127. (1) A camp shall maintain, in the camp, for each camper and minor staff person, a statement signed by an authorized person that authorizes the camp to consent to emergency medical or surgical treatment of the camper or minor staff person and to routine, non-surgical medical care. If there is a religious objection to consenting to receipt of emergency medical or surgical treatment, the authorized person shall submit a written statement to the effect that the camper is in good health and that the person signing assumes the health responsibility for the camper.

(2) A camp shall maintain, in the camp, a health history statement signed by an authorized person for each camper and minor staff person. The statement shall include all of the following information:

(a) Current prescription and nonprescription drugs and medications.

(b) Immunization status.

(d) Allergies.

(e) Any special health and behavioral considerations.

(3) A camp shall maintain and safeguard any health information received in a manner consistent with the confidentiality requirements of 1973 PA 116 for children and their families and 1979 PA 218 for adult foster care residents.

(4) A camp shall maintain camper health records for 3 years from the last day the camper is in attendance.

(5) A camp shall follow any instructions provided by a camper's physician or authorized person to meet the health and behavior needs of a camper admitted to the camp.

(6) During group overnight activities outside the geographical area served by the camp's cooperating local emergency health care facility, a camp shall ensure that the emergency treatment consent form, the health history statement, and the authorized person emergency contact information for each camper shall accompany the group.

(7) A camp shall ensure that a camper is screened within the first 24 hours after the camper's initial arrival at a camp. The health screening shall include all of the following:

(a) The checking in of prescription and nonprescription drugs and medications.

(b) All medication must be in the original container.

(d) A discussion with the camper concerning current health needs.

(e) An observation of the camper's physical state paying particular attention to potentially contagious diseases and possible abuse.

(8) A camp shall maintain a permanent medical record that lists all of the following information:

(a) Date of treatment.

(b) Name of camper.

(d) Treatment prescribed or medication dispensed.

(e) Identification of the person providing the treatment.

(9) A camp shall submit a written report, on forms furnished by the department, to the department if a camper dies or if a camper has an accident or illness that result in an overnight stay in a hospital or clinic or being sent home. A camp shall submit the report within 48 hours of the death, injury, or illness.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11131 Nutrition and food service {#sec-r-400.11131 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11131}

Rule 131. (1) A camp shall establish and follow a written policy for its nutrition and food service program. The policy shall relate to the population served, the activities conducted, and environmental conditions and shall cover all of the following subjects:

(a) Meal patterns.

(b) Meal hours.

(d) Handling of special diets.

(2) A camp shall provide not less than 3 meals to each camper each day in an adult foster care camp and children's residential, troop and travel camp, unless medically contraindicated and documented.

(3) A camp shall ensure that meals are sufficient in quantity and meet or exceed current nutritional guidelines as set forth by the U.S. Department of Health and Human Services/U.S. Department of Agriculture, Dietary Guidelines for Americans 2005, which is adopted by reference in R 400.11103.

(4) A camp shall assure that a camper with special dietary needs is provided a diet and accommodations in accordance with the camper's needs and with the instructions of the camper's authorized person or a physician.

(5) A camp shall maintain each week's menu on file until the end of the camp season.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11133 High adventure activities {#sec-r-400.11133 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11133}

Rule 133. (1) Any residential or day campsite licensee that offers any high adventure activity, as defined in R 400.11401, shall comply with the high adventure rules.

(2) Any travel or troop camp licensee or any residential or day camp program licensee that offers any high adventure activity, as defined by R 400.11401, at an unlicensed site, shall comply with the high adventure rules.

History

History: 1984 AACS; 1989 AACS; 2009 AACS.

Mich. Admin. Code R 400.11135 Rescinded {#sec-r-400.11135 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11135}

History

History: 1984 AACS; 1989 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11137 Rescinded {#sec-r-400.11137 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11137}

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11139 Rescinded {#sec-r-400.11139 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11139}

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11141 Rescinded {#sec-r-400.11141 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11141}

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11143 Transportation policy statement; drivers; vehicles {#sec-r-400.11143 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11143}

Rule 143. (1) A camp shall establish and follow written policies for program and emergency transportation. The policies shall include all of the following:

(a) Driver qualifications.

(b) Vehicle inspection and maintenance.

(d) Emergency evacuation.

(e) Camper loading and unloading procedures.

(2) A camp shall ensure that the driver of a vehicle that transports campers is an adult who possesses a valid operator or chauffeur license appropriate to the vehicle driven and the circumstances of its use.

(3) A camp shall ensure that a vehicle used for transporting campers is appropriately licensed and inspected as required by state law.

(4) In a vehicle that is required by law to be equipped with passenger safety belts, a camp shall ensure that the driver and all passengers are properly restrained by passenger safety belts while the vehicle is in motion.

(5) A camp shall ensure that a camper is transported only in the part of a vehicle that is designed by the manufacturer for passenger transportation, and the number of passengers shall not exceed the manufacturer's rated capacity for the vehicle. This subrule does not prohibit the use of a haywagon for hayrides if the camp ensures all of the following:

(a) The haywagon is properly marked and lighted and has perimeter sideboards to reduce the risk of a camper falling off.

(b) An adult staff member rides on the haywagon and supervises the campers.

(6) An adult foster care camp, children's residential camp, and a children's day camp shall have a vehicle available at all times for use in emergency situations.

(7) If a watercraft is used to transport campers to or from a campsite, then a camp shall use only a watercraft that has a rated capacity.

History

History: 1984 AACS; 1989 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11145 Traveling groups {#sec-r-400.11145 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11145}

Rule 145. (1) A camp shall ensure that not less than 2 staff members accompany any traveling group. A camp shall ensure that 1 of the staff members is an adult.

(2) If a group of campers travels away from an adult foster care camp or children's residential camp for more than 2 consecutive overnights, then the camp shall keep a travel plan on file at the camp. The travel plan shall include an itinerary and preestablished check-in times.

(3) A camp shall ensure that 1 of the staff members hold training and certification that is equivalent to the following requirements:

(a) When access to an emergency medical system at the final destination of the planned travel is less than 30 minutes away, certification equivalent to the requirements in the American Red Cross manual number 656137, that is adopted by reference in R400.11103.

(b) When access to an emergency medical system at the final destination of the planned travel is 30 to 60 minutes away, certification equivalent to the requirements in the American Red Cross manual number 652161, that is adopted by reference in R 400.11103.

(c) When access to an emergency medical system at the final destination of the planned travel is more than 60 minutes away, certification equivalent to the requirements in National Outdoor Leadership School manual number 16175, that is adopted by reference in R 400.11103.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11146 Travel and troop camps {#sec-r-400.11146 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11146}

Rule 146. (1) A travel or troop camp shall leave a travel plan that includes an itinerary and pre-established check-in times with a designated home base person.

(2) A travel or troop camp shall provide a copy of the itinerary and the name and telephone number of the home base person to each camper's authorized person and to the department not less than 2 weeks before the group's departure.

(3) A camp shall initiate a pre-established emergency assistance plan if a travel or troop camp fails to meet a check in time.

History

History: 2009 AACS.

Mich. Admin. Code R 400.11147 Camp changes or cancellations; reporting to department {#sec-r-400.11147 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11147}

Rule 147. A camp shall report a change in, or cancellation of, as applicable, any of the following to the department before the change or cancellation:

(a) Ownership.

(b) Location.

(d) Time of operation.

(e) Cancellation of a camping session.

History

History: 1984 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11149 Site safety; emergency procedures; use of facilities; equipment; fire safety orientation {#sec-r-400.11149 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11149}

Rule 149. (1) A camp shall ensure that the site and facilities of a camp do not present a fire, health, or safety hazard.

(2) A camp shall establish written procedures for a response to potential emergencies and disasters, including fire, severe weather, and a lost camper.

(3) An adult foster care camp, children's residential camp, or children's day camp shall only use a campsite and facilities that are in compliance with these rules.

(4) A camp shall ensure that equipment used in the camp is in good repair and is safe for campers.

(5) A camp shall conduct a fire safety orientation for each new group of campers within 48 hours of arrival. The orientation shall include the sounding of the fire alarm and identification of means of egress including exit locations in any camper occupied buildings where the exits are not readily visible. A camp shall maintain for the season a written record of the orientations.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11199 Rescission {#sec-r-400.11199 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11199}

Rule 199. R 400.1001 to R 400.1068 of the Michigan Administrative Code, appearing on pages 3030 to 3043 of the 1979 Michigan Administrative Code, are rescinded.

PART 2. FIRE SAFETY

History

History: 1984 AACS.

Mich. Admin. Code R 400.11201 Applicability {#sec-r-400.11201 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11201}

Rule 201. (1) This part applies to buildings at campsites used by campers in adult foster care camps and children's residential camps. These rules also apply to yurts and other similar hybrid structures that are used for residential camper sleeping, as well as the platforms, exit steps and ramps used for permanent platform tents.

(2) The rules regarding the flame retardant qualities of tent materials, and the stability, construction and general safety of tents apply to any camp that uses tents, including residential, troop, or travel camps.

(3) Existing camper occupied buildings approved before these rules take effect, and which meet the fire safety requirements of the rules these supercede, shall continue to be approved until major changes, remodeling or additions are to be made to the building.

History

History: 1984 AACS; 1989 AACS; 2009 AACS.

Mich. Admin. Code R 400.11203 Definitions {#sec-r-400.11203 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11203}

Rule 203. As used in this part:

(a) "Ambulatory" means that a camper is physically and mentally capable of traversing a path to safety without the aid of another person. A path to safety includes the ascent and descent of any stairs or approved means of egress.

(b) "Approved" means acceptable to the fire-inspecting authority and in accordance with these rules. The department of human services makes the final approval based on recommendations from the fire-inspecting authority.

(c) "Basement" means that portion of a building which is below grade but which is located so that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling. However, where the ceiling of such portion of a building is located 5 feet or more above grade for more than 25% of the perimeter measurement of the building or part of the building affected, then that portion of the building is classed as a first story.

(d) "Combustible" means materials that will ignite and burn when subjected to a fire or excessive heat.

(e) "Compartmentalized construction" means a building that has been subdivided with partition walls extending to, or closer than 4 feet to, the roof peak or ceiling above. Compartments include, but are not limited to, storage rooms, custodial closets, bathrooms, walk-in closets, or other similar spaces.

(f) "Conversion" means the change in use of a building or portion of a building from a previous use to use as a camper-occupied building or portion of a building used by campers, and shall comply with the requirements for new construction.

(g) "Escape window," in a new, converted or remodeled camp building used by campers, means a window to exit through to the outside in an emergency.

(h) "Fire alarm system" means an electrical, closed circuit, self-supervised local system for sounding an alarm, the components of which are listed by a nationally recognized testing laboratory. The system is comprised of pull stations located at all designated exits from the building and audible signal devices.

(i) "Fire detection system" means a local system which has its components listed by a nationally recognized testing laboratory and which is for detecting the presence of a fire and sounding an alarm. The system is comprised of interconnected fire detection devices that have the capability of sounding the fire alarm system.

(j) "Fire-resistance rating" means the time in hours or fractions thereof that materials or their assemblies will resist fire exposure as determined by fire tests established and conducted by approved testing laboratories.

(k) "Fire resistant construction" means construction in which the structural members, including walls, columns, beams, floors, and roofs, are made of approved noncombustible or limited combustible materials smaller than required for heavy timber construction, and which are protected with fire resistance ratings not less than those set for type II (111) in National Fire Protection Association pamphlet no. 220, which is adopted by reference in R 400.11205.

(l) "Hazardous area" means those parts of a facility housing a flame producing heating plant, incinerators, fuel-fired water heater, commercial kitchens and areas where combustible materials, flammable liquids, or gases, are used or stored.

(m) "Listed" means equipment, materials, or services included in a list published by an organization that is acceptable to the bureau of fire services, and whose listing states that the equipment, material, or service meets identified standards or has been tested and found suitable for a specified purpose.

(n) "Major changes" include, but are not limited to, changes to a camperoccupied building that are primarily structural in nature, or changes in the use of buildings or parts of buildings that are occupied by campers. They do not include cosmetic changes such as painting, replacing, or repairing existing windows (other than emergency escape windows), replacing or repairing electrical or other previously existing equipment, re-roofing, or other routine maintenance.

(o) "Means of egress or exit" means an unobstructed path of travel from any point in a building to safe, open air outside at grade away from the building.

(p) "New construction" means a new structure or addition to a structure after the effective date of these rules.

(q) "Permanent platform tent" means a tent that is occupied by campers and remains in 1 location for more than 5 days on the ground or other permanent platform.

(r) "Protected wood frame construction" means construction in which exterior walls, bearing walls, and floors and roofs and their supports are wholly or partly made of wood or other approved combustible materials smaller than required for heavy timber construction, and which are protected with fire resistance ratings not less than those set for type V (111) in National Fire Protection Association pamphlet 220, which is adopted by reference in R 400.11205.

(s) "Remodeled" means changes in a building that modify existing conditions and includes renovation.

(t) "Standard partition construction" means a substantial, reasonably smoke-tight wall that consists of at least drywall or plaster on each side of 2 by 4 wood studs. The studs shall not be spaced more than 16 inches on center. Doorways in such partitions shall be protected with minimum 1 ¾-inch solid wood core doors equipped with approved self-closing devices and positive latching hardware. Existing partition walls may have studs spaced at a maximum of 24-inches on center. Glazing in required standard partition construction, including any glass in the door(s) shall meet the requirements of "wired glass" detailed in subdivision (v) of this subrule or NFPA 80, Standard for Fire Doors and Fire Windows, 1999, National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269-$35.00 or NFPA 257, Standard on Fire Test for Window and Glass Block Assemblies, 2000, National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269-$27.00.

(u) "Tent" means a portable structure of flame retardant material, in accordance with National Fire Protection Association Standard 701, which is adopted by reference in R 400.11205, stretched over a supporting framework of poles, ropes, and pegs.

(v) "Wired glass" means glass that meets all of the following criteria:

(i) Is not less than 1/4 of an inch thick.

(ii) Is reinforced with wire mesh, no. 24 gauge or heavier, with spacing that is not more than 1 square inch.

(iii) Is installed in steel frames or, when approved pursuant to R 400.11203(b), installed in wood frames or stops of hardwood material which are not less than 3/4 of an inch actual dimension, which are not more than 1,296 square inches per frame and which do not have a single dimension that is more than 54 inches in length.

History

History: 1984 AACS; 1994 AACS; 2009 AACS.

Mich. Admin. Code R 400.11205 Adoption of fire safety standards by reference {#sec-r-400.11205 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11205}

Rule 205. (1) The department adopts by reference in these rules the fire safety codes and standards set forth in this rule. These codes and standards are available for inspection and distribution to the public at cost from the Department of Human Services, 235 S. Grand, P.O. Box 30037, Lansing, Michigan 48909 or from the appropriate agency, organization, or association listed. The costs indicated are those in effect at the time these rules were promulgated. The codes and standards adopted are as follows:

(a) Pamphlet no. 220 entitled "Standard on Types of Building Construction," 2006, National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269 - $27.00.

(b) Pamphlet no. 255 entitled "Standard Method of Test of Surface Burning Characteristics of Building Materials," 2006, National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269 - $27.00.

(c) Pamphlet no. 13 entitled "Installation of Sprinkler Systems," 2002, National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269 - $67.00.

(d) Pamphlet no. 701 entitled "Standard Methods of Fire Tests for Flame- Resistant Textiles and Films," 2004National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269 - $30.00.

(e) Pamphlet no. 72 entitled "Standard for the Installation, Maintenance, and Use of Protective Signaling Systems." 2002, National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269 -$48.00 (f) Pamphlet no. 10 entitled "Standard for Portable Fire Extinguishers." 2002 National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269 - $35.00.

(g) NFPA 80, Standard for Fire Doors and Fire Windows, 1999, National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269-$35.00 (h) NFPA 257, Standard on Fire Test for Window and Glass Block Assemblies, 2000, National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269-$27.00 (2) The following alphabetical classification of finished materials for flame spread and smoke development, as determined by the tunnel test in accordance with the provisions of National Fire Protection Association pamphlet no. 255, which is adopted by reference in this rule, shall be used to determine the classification of an interior finish:

Class Flame Spread Smoke Developed A 0 – 25 0 – 450 B 26 – 75 0 – 450 C 76 – 200 0 - 450

History

History: 1984 AACS; 1994 AACS; 2009 AACS.

Mich. Admin. Code R 400.11207 Construction {#sec-r-400.11207 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11207}

Rule 207. (1) Before construction begins, building plans for all of the following projects in a residential camp shall be submitted, in accordance with 1980 PA 299, MCL 339.101, to the bureau of fire services for approval:

(a) A proposed new children's residential camp and an adult foster care camp.

(b) A new camp building for camper use.

(d) Conversion of a building to camper use.

(2) Plans shall bear the seal of a Michigan registered architect or engineer when the total cost of the project, including labor and materials, is $15,000 or more.

(3) A new camp building shall not be situated within 15 feet of any other building that contains camper sleeping quarters. A new building that contains camper sleeping quarters shall not be situated within 15 feet of any other building.

(4) A 1-story new building and a conversion of an existing building that is 1 story may utilize less than protected wood frame construction if the construction complies with other provisions of this part.

(5) A new building and a conversion of an existing building that has 2 stories above grade shall, at a minimum, be built utilizing protected wood frame construction, unless the building is in compliance with the requirements of heavy timber construction as defined by the provisions of National Fire Protection Association pamphlet no. 220, which is adopted by reference in R400.11205.

(6) Buildings of 3 stories or more above grade shall be built of fire-resistant construction and provided with a sprinkler system as defined in the provisions of National Fire Protection Association pamphlets nos. 220 and 13, which are adopted by reference in R400.11205.

(7) Where a sleeping occupancy is maintained on a second floor or over a basement area, the ceiling of the first floor or basement shall be protected with 5/8-inch drywall or gypsum wallboard, or any other proven assembly of materials that will provide at least a 1-hour-fire-resistance rating, unless the building is in compliance with the requirements of heavy timber construction as defined by the provisions of National Fire Protection Association pamphlet no. 220, which is adopted by reference in R 400.11205.

(8) A building that is currently licensed for camper occupancy may be approved for continued use if it is in compliance with the provisions of this part designated for existing facilities.

(9) All camper-occupied tents shall consist of flame retardant materials.

(10) All camper occupied multi-story buildings shall have floor- to- floor separations meeting the requirements of standard partition construction.

History

History: 1984 AACS; 1994 AACS; 2009 AACS.

Mich. Admin. Code R 400.11208 Sleeping quarters and space requirements {#sec-r-400.11208 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11208}

Rule 208. (1) A building or room shall not be arranged so that access to a sleeping room is through another sleeping room, bathroom, or water closet compartment.

(2) In permanent sleeping quarters, a person shall be provided with a bed, cot, or bunk that has a clean mattress.

(3) Triple-deck bunks are not permitted. The clear space between the top of the lower mattress of a double-deck bunk and the bottom of the upper bunk shall not be less than 27 inches. The distance from the top of the upper mattress to the ceiling shall be not less than 36 inches. The top bunk shall be not more than 5 feet above the floor. A camper on a top bunk shall be provided with a bed rail upon request.

(4) A person shall be provided with not less than 30 square feet of floor space in permanent sleeping quarters in a residential camp building.

(5) When tents are used as sleeping quarters, and when they remain in 1 location for more than 5 days, not less than 30 square feet of floor space shall be provided for each person.

(6) The maximum number of persons, as required by this rule, shall be permanently posted in a conspicuous location in all camper sleeping occupancies.

In buildings with more than 1 sleeping area, the occupant load postings shall be provided in each separate camper sleeping area. This rule does not apply to tents, yurts, and similar structures having a single sleeping area.

History

History: 2009 AACS.

Mich. Admin. Code R 400.11209 Interior finishes {#sec-r-400.11209 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11209}

Rule 209. (1) In new construction, additions, conversions, renovations, or remodeling, interior finish classification shall be of the basic material used without regard to subsequently applied paint or other covering in an attempt to meet the classification. The basic material shall be a minimum of class B in a means of egress and a minimum of class C in other areas. All of the following provisions also apply to new construction, additions, conversions, renovations, and remodeling:

(a) In a portion of a building not used by campers, the interior finish may be less than required by these rules if a 1-hour fire separation exists between the camperoccupied area and the non-camper-occupied area. Any door openings in the 1-hour separation shall be protected with B labeled fire door and frame assemblies.

(b) Interior finish material that is more hazardous than class C material is not permitted.

(d) Prefinished plywood or paneling of minimum 1/4 inch thickness with proven class A, B, or C interior finish classification may be applied to studs. Prefinished plywood or paneling less than 1/4 inch thick with a proven A, B or C interior finish classification shall be installed on a noncombustible backer. Standard lath and plaster or drywall is acceptable as an interior finish anywhere.

(2) Existing licensed organizations with buildings having existing interior finishes that do not comply with those specified in subrule (1) of this rule may have those finishes coated in accordance with the following conditions:

(a) The unapproved finish is applied directly to a noncombustible backing.

(b) The unapproved finish is not furred out more than 1-inch from the noncombustible backing.

(c) An approved fire-retardant coating is used, which has been tested for use on the applicable finish, meets the required interior finish rating, and is applied in accordance with its listing.

History

History: 1984 AACS; 2009 AACS.

Mich. Admin. Code R 400.11211 Means of egress {#sec-r-400.11211 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11211}

Rule 211. (1) Required means of egress shall be maintained in an unobstructed, easily traveled condition at all times and shall lead to free and safe ground remote from the building. This includes any platform, steps, or ramps used for permanent platform tents and any related guardrails and handrails. Campers shall not be exposed to inherent hazards in a building, including, but not limited to, the heating plant, commercial kitchen, flammable storage, or any other hazards. Furniture, equipment, and utility materials shall not be stored or maintained in a location or position in which they are likely to fall or be pushed into, or be obstructive in any way to, the means of egress.

(2) A camp that serves campers who regularly require wheelchairs shall be equip each building used by wheelchair campers with ramps which have a handrail, guardrail, and wheel guard at any open sides and which are located at all required exits.

The slope of the ramp shall not be more than 1 foot of rise in 12 feet of run. Ramps that have an overall rise of 6 inches or less do not require handrails. The required exits in buildings used by campers who regularly require wheelchairs shall be a minimum of 36 inches wide. These exits shall have side-hinged doors that swing in the direction of egress and open onto a floor-level landing that is as deep as the swing of the door or open directly at grade. A building that is currently licensed for wheelchair campers may maintain its current exiting subject to approval pursuant to R 400.11203(b).

(3) Single-story new construction, additions, conversions, renovations, or remodeling of a camp building, which has an occupancy of 12 or fewer persons, shall have access to 2 properly separated means of egress that are located as far apart as practical, but not less than a distance that is 50% of the longest dimension of the building. One of the required means of egress shall be an exit door as specified in R 400.11213(1). The second means of egress may be an escape window unless compliance with subrule (2) of this subrule is required. Escape windows shall comply with all of the following requirements:

(i) The window is side-hinged and swings in the direction of egress.

(ii) The window has a minimum net clear opening of 5 square feet.

(iii) The window does not have an open dimension that is less than 22 inches.

(iv) The window is operable from the inside with a single motion and is equipped with non-locking-against-egress hardware that does not require the use of special tools to open.

(v) The sill height is not more than 36 inches from the floor, unless an approved substantial permanent ledge or similar device that is not less than 12 inches wide is provided under the window, in which case the sill height may be increased to 44 inches from the floor.

(vi) The sill height to grade is not more than 60 inches.

(vii) In an existing licensed camp building, "escape window" means a window approved by the fire-inspecting authority.

(4) A single-story building that has an occupancy of more than 12 persons shall be provided with not less than 2 required exit doors. The doors shall be located as far apart as practical, but not less than a distance that is 50% of the longest dimension of the building. In new construction, additions and conversions, exits shall be situated so that all persons are located between the exits. When this is not possible, each exit shall be arranged so that no corridor or aisle has a pocket or dead end exceeding 20 feet with no more than 4 campers having sleeping rooms with exit access on such a corridor or aisle.

There shall not be a hazardous opening onto such a dead-end corridor or aisle.

(5) An existing building, that is approved pursuant to R 400.11203(b) for occupancy above the first floor shall be provided with 2 separate and independent means of egress that are located so that all persons are located between the exits. A means of egress shall lead to an approved outside fire escape or to an interior stairway which is enclosed with an assembly of materials that are equal to standard partition construction and which leads directly to the outside at grade.

(6) In new construction, additions, conversions, renovations, or remodeling, buildings that are more than 1 story shall have access to 2 means of egress from each story separated by not less than 50% of the longest dimensions of the building.

Stairways shall be enclosed in 1-hour-fire-rated construction, including B-labeled fire door and frame assemblies that are equipped with positive-latching hardware and a self-closing device and shall exit directly outside at grade. Exits shall be situated so that all persons are located between the exits. When this is not possible, each exit shall be arranged so that no corridor or aisle has a pocket or dead end exceeding 20 feet with no more than 4 campers having sleeping rooms with exit access on such a corridor or aisle.

There shall not be a hazardous area opening onto such a dead-end corridor or aisle. In buildings having 12 or fewer persons on a second floor, including staff members, 1 of the exits may be an approved outside fire escape.

(7) If a basement is utilized by campers for any purpose, it shall be provided with 2 exits separated by not less than 50% of the longest dimension of the building or area served. These exits shall be 1 of the following:

(a) A stairway enclosed to the outside in 1-hour fire resistive construction including "B" labeled fire door/frame assemblies with self-closing devices and positive latching hardware at any interior doorway.

(b) A side-hinged exit door opening directly to the outside.

(8) A dead end of more than 20 feet is not permitted.

(9) A required exit from a building that sleeps more than 25 persons or an exit not readily visible to the occupants shall be designated by an illuminated exit sign that has 6-inch lettering and 3/4-inch brush strokes. These exit signs and any directional exit signs shall be installed on separate circuits and fused ahead of the main switch or disconnect. Automatic battery pack exit signs may be provided as an acceptable alternative to fusing ahead of the main switch. Battery pack exit signs shall be listed by a nationally recognized testing laboratory.

(10) Lighting shall be provided for a stairway, corridor, and fire escape that constitute a required means of egress. The power supply for this illumination shall normally be provided by the premise's electrical supply. In new construction or remodeling automatic battery pack emergency lights shall also be provided. Battery pack emergency lights shall be listed by a nationally recognized testing laboratory.

Outside stairs with an elevation of 30 inches or less above grade do not require lighting.

(11) A door from a room occupied by campers shall enter a corridor between exits or there shall be direct egress to the outside from each room. There shall not be more than 4 campers having sleeping rooms with exit access on such a corridor. There shall not be a hazardous area opening onto such a dead-end corridor or aisle. In a room housing 4 or fewer campers, an escape window is acceptable as a direct means of egress to the outside.

History

History: 1984 AACS; 1994 AACS; 2009 AACS.

Mich. Admin. Code R 400.11213 Exit doors and stairways {#sec-r-400.11213 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11213}

Rule 213. (1) A required exit door shall be a side-hinged, swing door only. In new construction, additions and conversions, an exit door shall not be less than 36 inches wide. A door forming part of a means of egress where door hardware is used shall be of a type that is nonlocking-against-egress and operable with a single motion. The use of hooks and eyes, bolts, bars, and similar devices is prohibited.

(2) A door that forms a part of a means of egress shall swing in the direction of egress for occupancies of 13 or more.

(3) In new construction, additions, conversions, renovations, and remodeling, an exit door that is required to swing out shall swing directly onto a floor-level landing that is at least as deep as the swing of the door before the start of any steps or ramps to grade.

(4) An exterior wall of a building which has an outside stairway that is used as a required means of egress shall not have windows, vents, or other openings within an area of 6 feet from the stairway, except for either of the following:

(a) Windows that are constructed of wired glass and are not openable.

(b) Doorways that are used for egress only and are smoke tight.

(5) Interior convenience stairways shall be provided with a minimum 1 3/4-inch solid wood core door equipped with positive self-latching hardware and a self-closing device. All vertical openings, such as stairways, transfer grills, pipes, ducts, and conduit, shall be sealed with material that is equal to standard partition construction.

(6) In new and existing buildings, only ambulatory campers shall be permitted above or below the first or ground floor, except where the floor above or below the first floor provides all required exiting at grade without using stairways.

(7) In new construction, additions, conversions, or remodeling, where stairs or steps are used in any part of the required means of egress for camper-occupied areas, they shall have maximum risers of 7 inches and minimum treads of 11 inches. Sturdy and securely fastened guardrails and handrails that are located between 30 and 34 inches, measured vertically, above the nose of the treads shall be provided wherever more than 3 steps are used.

History

History: 1984 AACS; 2009 AACS.

Mich. Admin. Code R 400.11215 Fire warning and extinguishing equipment {#sec-r-400.11215 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11215}

Rule 215. (1) A camp building which consists of single-level open construction and which is used to sleep less than 26 persons shall be equipped with battery-operated smoke detectors.

(2) A camp building which consists of single-level compartmentalized construction and which is used to sleep 12 or fewer persons shall be minimally equipped with battery-operated smoke detectors that adequately protect all compartments.

(3) A camp building which consists of single-level compartmentalized construction and which is used to sleep more than 12, but less than 26, persons shall be equipped with fixed-wired, interconnected smoke detectors that protect all compartments.

(4) A camp building of any type of construction, other than that specified in subrules (1), (2), and (3) of this rule, that is used for sleeping and buildings that are used for sleeping more than 25 persons shall be equipped with automatic fire detection systems, fire alarm systems, and emergency power supplies for such systems. The fire detection system shall adequately cover all compartments, including attics and bathrooms, and shall be integrated with the fire alarm system. The general evacuation alarm signal shall operate throughout the entire building. Newly installed or newly required system trouble alarms shall be located in an area normally occupied by staff.

(5) If a building is occupied, other than for sleeping, by more than 50 persons and if all or part of the 50 persons are situated above or below the main floor, or if the occupied level is compartmentalized by other than a commercial kitchen, furnace room, toilet room, storage room, or an administrative area, then the building shall be equipped with a fire alarm system. The general evacuation alarm signal shall operate throughout the entire building. Newly installed or newly required system trouble alarms shall be located in an area normally occupied by staff.

(6) Required fire warning devices shall be in compliance with all of the following requirements:

(a) Be listed by an independent, nationally recognized testing laboratory.

(b) Be installed in accordance with the manufacturer's specifications.

(d) If battery-operated, be of the type that provides a signal when batteries are not providing sufficient power and when batteries are missing.

(7) Required fire warning devices shall be maintained in proper working condition. If fire-warning devices are rendered inoperable, repairs shall be completed as soon as possible, but the devices shall not be inoperable for more than 5 days.

(8) As a temporary substitute for required fire-detection devices during the 5-day period in subrule (7) of this rule, a camp may establish a fire watch. A fire watch shall consist of an adult staff member who is awake and dressed and who makes rounds of all floors at least once every 45 minutes between the hours of 10 p.m. and 7 a.m. and at other times when the campers are sleeping.

(9) Fire extinguishers which are of a class and size and at locations determined by the fire inspection authority shall be installed throughout the camp. At a minimum, a 2-A:10-B:C fire extinguisher shall be installed in close proximity to each kitchen and furnace room. The travel distance to an approved fire extinguisher shall be not more than 75 feet.

(10) The installation of a fire alarm or fire suppression system shall require the submittal of shop drawings to the bureau of fire services for review and approval before beginning any actual work.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 2009 AACS.

Mich. Admin. Code R 400.11216 Places of public assemblage {#sec-r-400.11216 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11216}

Rule 216. (1) A place of public assembly is a room, area, or building where 50 or more people can congregate.

(2) The maximum capacity of a place of public assemblage shall be 1 person to each 15 square feet of gross floor area where tables are used and 1 person to each 7 square feet of gross floor area where tables are not used.

(3) Storerooms or other areas that are not normally occupied shall not be used to determine capacity.

(4) The maximum seating capacity of benches or bleachers shall be 1 person for each 18 inches of bench or bleacher. Bench or chair seating requires a 12-inch minimum aisle width from the front of one seat to the back of the next row.

(5) Each place of public assembly shall have not less than 2 means of egress separated by a distance of not less than 50% of the longest room or space diagonal.

(6) Exit doors shall be not less than 36 inches in width and shall swing in the direction of egress directly to the outside or to a protected corridor that leads outside.

Each exit door shall be serviced by an aisle or corridor which is not less than 44 inches in width and which is maintained in an open and unobstructed condition.

(7) Exit door hardware shall be non-locking against egress. If an occupancy load of 100 or more persons is reached, panic hardware and lighted exit signs shall be required.

(8) Flammable liquids or other materials that are dangerous to human life or that present a fire hazard shall not be kept or stored in a place of public assembly.

(9) Combustible furnishings, such as drapes, curtains, or other flimsy decorations, shall be treated with a flameproof solution or process as required by national fire protection association pamphlet no. 701, which is adopted by reference in R 400.11205.

History

History: 1994 AACS; 2009 AACS.

Mich. Admin. Code R 400.11217 Heating {#sec-r-400.11217 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11217}

Rule 217. (1) Heating shall be by a central heating plant, a permanently installed electrical system, or a sealed combustion unit or units mounted on an outside wall.

(2) A central heating plant shall be installed in a 1-hour-fire-resistant enclosure that includes a B-labeled fire door and frame assembly in any interior opening.

Combustible ducts shall not be used inside of, or penetrate a required fire-rated enclosure. Air for proper combustion shall be drawn directly from the outside of the building by a permanently open louver, and approved mechanically operated automatic louver or noncombustible duct. A fuel-fired central heating plant requires fire damper installations where ducts penetrate a 1-hour fire rated enclosure except where the heating plant complies with either subrule (6), (7), or (8) of this rule. (3) A permanently installed electrical system shall be either baseboard or panel. It shall be listed by a nationally recognized independent testing laboratory and installed according to the manufacturer's specifications.

(4) In new construction, additions, conversions, or remodeling, roofmounted, fuel-fired heating units shall be separated from any building that is used for camper sleeping by at least 1-hour-fire-resistive construction. In all camperoccupied buildings, whether used for camper sleeping or not, roof-mounted fuel-fired heating units shall be installed in accordance with the manufacturer's specifications utilizing industry-recognized methods and materials.

(5) A sealed combustion unit shall be approved by a nationally recognized testing laboratory, mounted on an outside wall, properly vented, and installed according to the manufacturer's specifications.

(6) In new construction and conversions where buildings are used for sleeping and where an electrically powered smoke detection system is not required, there shall be a duct smoke detector installed ahead of the fresh air intake in the return air duct of the system so that upon smoke detector activation, the fan to the heating unit will shut down.

(7) Buildings used for sleeping and requiring an electrically powered fire detection system shall have the system connected to the furnace so that activation of the fire detection system will shut down the fan. This is not required if either of the following provisions is complied with:

(a) Approved fire dampers are installed at all duct penetrations in the heat plant enclosure.

(b) The heating system has a duct smoke detector installed ahead of the fresh air intake on the return air portion of the system, as permitted in subrule (6) of this rule, so that activation of the detector will shut down the fan and sound the building fire alarm.

(8) Fire dampers are not required to be installed in the heating plant room enclosure of a building that is not used for sleeping.

(9) A flame-producing water heater shall be installed in either the same enclosure as the heating plant or in a separate enclosure that affords the same protection.

(10) In a building that is not used for sleeping additional protection is not required for the fuel-fired heating plant or water heater if all of the following are met:

(a) The heating plant and/or water heater is located in a basement that is not used by campers.

(b) There is approved floor separation consisting of minimum of standard partition construction between the basement and the remainder of the building.

(c) The basement is not used for the storage of any combustibles without a 1-hour fire resistive separation between the storage and the heating plant. Any doorways in the separation wall(s) shall be protected with "B" labeled fire door/frame assemblies, including self-closing devices and positive latching hardware.

(11) A portable heating unit shall not be used in a camper-occupied building.

(12) A solid fuel-burning space heater shall not be installed in a building that is used for sleeping. A solid fuel-burning heating appliance, that is approved by an independent nationally recognized testing laboratory and that is installed according to the manufacturer's specifications, may be installed in a non-sleeping occupancy. A chimney shall be inspected and a proper and thorough cleaning shall be performed at least once every 2 months during the heating season. Prefabricated chimneys may be installed in accordance with their listings. A masonry chimney shall be provided with an approved fire clay flue liner.

(13) A central, solid fuel-burning heating plant may be approved if it is enclosed by a minimum of 1-hour-fire-resistant construction and if it is installed according to test and manufacturer's specifications. Due to the possibility of ambient heat buildup in small enclosures, strict safe engineering practices shall be followed to allow for the proper dispersion of excessive heat and the intake of adequate combustion air.

(14) A boiler shall be inspected and certified as required by the boiler division of the bureau of construction codes of the department of energy, labor, and economic growth.

(15) A masonry fireplace may be used if it is provided with an approved screen or glass device to prevent the spread of fire and embers and if the chimney is provided with an approved fire clay flue liner or consists of a properly installed U.L. listed prefabricated metal chimney. The chimney shall be visually inspected every other month while in use and cleaned as needed but no less than once every 12 months. A fireplace shall have a noncombustible hearth that extends a minimum of 20 inches out from the front, and 12 inches beyond each side of the fireplace opening and a noncombustible face that extends not less than 12 inches above, and 12 inches on each side of the fireplace opening.

(16) In new construction, additions, conversions or remodeling, a gas-log fireplace may be used if the fireplace is provided with an approved screen or glass device, it vents products of combustion directly to the outside, and it is installed and maintained in strict accordance with the manufacturer's specifications. The installation shall be approved by the mechanical inspector having jurisdiction.

(17) In new construction, additions, conversions or remodeling, fireplaces shall not be installed in a camper sleeping building unless there is a 1-hour fire resistive separation, including 45-minute fire-rated door/frame assemblies, between the fireplace use area and the camper sleeping area and with each area having proper independent exiting. In existing licensed camp buildings that are used for sleeping, fireplaces may only be used if they meet the requirements of this subrule or are properly fitted with a sealed combustion gas-log insert that requires tools to access any open flame. The flames shall be kept inaccessible to campers, and the insert must comply with subrule (5) of this rule for location and installation.

History

History: 1984 AACS; 1994 AACS; 2009 AACS.

Mich. Admin. Code R 400.11219 Combustible storage; other hazardous areas {#sec-r-400.11219 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11219}

Rule 219. (1) New construction, additions, conversions, or remodeling, rooms that are used for the storage of combustible materials, or hazardous materials, and are larger than 100 square feet in area, shall have walls and ceilings that are constructed of 1-hour fire resistive construction. Interior doorways to such storage rooms shall be protected with B-labeled fire doors set in labeled frame assemblies complete with approved self-closing devices and positive self-latching hardware. Where such rooms are 100 square feet or smaller, they shall have walls and ceilings that are constructed of at least 5/8-inch drywall and any interior door openings to such rooms shall be protected with a minimum of a 1 3/4-inch solid wood core door or equivalent that has a self-closing device and positive self-latching hardware.

(2) In existing buildings approved for camper use, storage rooms that were approved before these rules take effect shall continue to be approved with regard to enclosure until the portion of the facility containing the storage area is remodeled or the facility is converted. At a minimum, these storage rooms shall have approved noncombustible walls and ceilings and any door openings shall be protected with minimum of 1 ¾-inch, solid core wood doors equipped with approved self-closing devices and positive self-latching hardware. This shall not preclude requirements relative to maintaining doors and other safety features in proper working order.

(3) Combustible storage shall not be allowed in a heating plant room.

(4) In new construction, additions, conversions or remodeling, combustible storage is allowed beneath a stairway. If the storage area is enclosed in 1-hour fire resistive construction including a "B" labeled fire door/frame assembly with an approved selfclosing device and positive latching hardware.

(5) In new construction, additions, conversions, or remodeling, other hazardous areas in camper-occupied buildings, including areas housing commercial-style kitchens, commercial-style laundries, motor vehicle garages, incinerators, or other similar hazards, shall be enclosed with 1-hour fire resistive construction. Any interior door openings shall be protected with B-labeled fire doors, set in labeled frame assemblies and equipped with approved self-closing devices and positive latching hardware.

Where commercial cooking equipment is properly protected by an approved automatic kitchen hood suppression system, the kitchen shall be exempt from the enclosure requirements of this rule.

History

History: 1984 AACS; 1994 AACS; 2009 AACS.

Mich. Admin. Code R 400.11221 Electrical wiring and flammables {#sec-r-400.11221 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11221}

Rule 221. (1) Camp electrical wiring shall be maintained in a safe condition.

Where conditions indicate a need for inspection, and in new construction or additions, the electrical wiring shall be inspected by the inspector who has jurisdiction and a copy of the certificate of approval shall be made a part of the camp's permanent records. New electrical wiring and equipment shall be installed in accordance with the provisions of the Michigan electrical code, R 408.3801.

(2) Flammable liquids, propane fuel tanks, gasoline-powered equipment, rocketry propellants, or other highly flammable materials shall not be stored in any building that is occupied by campers or that is readily accessible to campers.

(3) The use of candles or lighting that is produced by flame, such as lanterns, is prohibited in camper-occupied tents or camper sleeping buildings, except during staffsupervised ceremonies.

History

History: 1984 AACS; 1994 AACS; 2009 AACS.

Mich. Admin. Code R 400.11223 Emergency procedures {#sec-r-400.11223 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11223}

Rule 223. (1) In new and existing camps, a camp shall have written procedures for the evacuation of campers from facilities and the campsite in case of a fire emergency.

(2) A licensee shall ensure that staff members are familiar with their duties and responsibilities in the event of a fire emergency.

(3) An emergency evacuation diagram shall be posted in conspicuous locations in camper-occupied buildings of more than 1 room.

History

History: 1984 AACS; 2009 AACS.

Mich. Admin. Code R 400.11224 General fire safety {#sec-r-400.11224 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11224}

Rule 224. (1) A camper-occupied building shall be kept free of all conditions that constitute a fire safety hazard.

(2) All appliances and equipment in camper-occupied buildings shall be installed and maintained in accordance with their manufacturer's specifications and recognized industry standards.

History

History: 2009 AACS.

Mich. Admin. Code R 400.11225 Rescinded {#sec-r-400.11225 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11225}

History

History: 1984 AACS; 1989 AACS.

Mich. Admin. Code R 400.11227 Occurrence of fire {#sec-r-400.11227 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11227}

Rule 227. If a fire occurs in a camp and results in injury, loss of life, or facility damage in excess of $1,000.00, the camp director shall notify the department and the bureau of fire services of all details of the fire. This notification shall occur within 48 hours after the occurrence of the fire.

PART 3. ENVIRONMENTAL HEALTH AND SAFETY

History

History: 1984 AACS; 2009 AACS.

Mich. Admin. Code R 400.11301 Location and construction {#sec-r-400.11301 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11301}

Rule 301. (1) A campsite shall be located on land that is properly drained.

(2) Campers shall be protected from hazardous areas such as traffic, cliffs, sinkholes, pits, and abandoned excavations. These areas shall be guarded or posted to reduce the possibility of accidents.

(3) Roofs, exterior walls, doors, skylights, and windows shall be weather tight and watertight and shall be kept in sound condition and good repair.

(4) Interior walls, ceilings, and floors shall be sound and in good repair and shall be maintained in a clean and sanitary condition.

(5) Porches and stairways shall be equipped with structurally sound and safe handrails.

(6) A tent used for sleeping and living purposes which remains in 1location for more than 2 weeks shall be provided with a floor which is smooth, in a clean condition, and in good repair.

History

History: 1984 AACS; 2009 AACS.

Mich. Admin. Code R 400.11302 Applicability; Environmental Health Inspections {#sec-r-400.11302 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11302}

Rule 302. (1) This part applies to campsites used by campers in adult foster care camps and children's residential camps and children's day camps that have private water or sewer systems or prepare meals for campers.

(2) All residential campsites shall have an environmental health inspection completed on an annual basis by the local health authority unless greater frequency is indicated by the health authority.

History

History: 2009 AACS.

Mich. Admin. Code R 400.11303 Light, ventilation, and screening {#sec-r-400.11303 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11303}

Rule 303. (1) A camp shall ensure that every sleeping room that is occupied by campers is constructed as follows:

(a) Has natural light that is from a source which is equal to an area that is not less than 8% of the floor area of the room.

(b) Has total operable window area that is not less than 45% of the required window area, unless mechanical ventilation is provided. A camp shall not count a skylight, louver, transom, glass-blocked panel, or similar light-transmitting device for more than 50% of the required area in place of conventional windows, screened areas, and glazed doors.

(2) A camp shall supply screens for each door, window, and other opening to the outside that is used for ventilation of a building occupied by campers for the control of flying insects. A screen door shall swing outward and have a self-closing device that is in working condition.

(3) A camp shall ensure that all openings into tents are screened for insect control or, as an alternative, that personal protective netting is made available to campers.

History

History: 1984 AACS; 1989 AACS; 1994 AACS; 1998-2000 AACS.

Mich. Admin. Code R 400.11304 Light, ventilation, and screening {#sec-r-400.11304 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11304}

Rule 304. (1) A camp shall ensure that every sleeping room that is occupied by campers is constructed as follows:

(a) Has natural light that is from a source which is equal to an area that is not less than 8% of the floor area of the room.

(3) A camp shall ensure that all openings into tents are screened for insect control or, as an alternative, that personal protective netting is made available to campers.

History

History: 2009 AACS.

Mich. Admin. Code R 400.11305 Rescinded {#sec-r-400.11305 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11305}

History

History: 1984 AACS; 1994 AACS; rescinded 2009 AACS.

Mich. Admin. Code R 400.11307 Toilet fixtures {#sec-r-400.11307 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11307}

Rule 307. (1) Table 1 shall be used to determine the number of toilet fixtures needed for resident camps, with showers being optional. When showers are provided as bath facilities, hot water shall be available. Flush urinals may be substituted for not more than ½ of the required number of toilets.

(2) Table 1 reads as follows:

Table 1 Males or Females Persons of Each Sex to Male Female Lava-Be Served Toilets Toilets tories Showers 1 - 10 1 1 1 1 11- 20 2 2 1 1 21- 40 3 3 2 2 A resident camp having a capacity of more than 40 persons shall provide additional facilities for each 20 persons or fraction thereof in accordance with table 1.

(3) The number of persons listed in table 1 shall include staff members, unless separate toilet facilities are provided for their use.

(4) A privy, outhouse, or chemical closet used as a means of sewage disposal for a camp shall comply with section 12771 of Act No. 368 of the Public Acts of 1978, as amended, being S333.12771 of the Michigan Compiled Laws. The bottom of the pit of an earth privy shall be not less than 2 feet above the known high groundwater table.

In a location where this is not feasible, a watertight vault shall be utilized.

History

History: 1984 AACS; 2009 AACS.

Mich. Admin. Code R 400.11309 Sewage, garbage, and other solid waste {#sec-r-400.11309 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11309}

Rule 309. (1) Sewage and other water-carried wastes shall be disposed of through a municipal sewer system where such a system is available. Where a municipal sewer connection is not available, liquid waste shall be discharged into an approved private system. The private system shall not create a nuisance; pollute a stream, lake, or other body of water; or contaminate a water supply or bathing place and shall comply with applicable local health department requirements.

(2) Garbage produced in the kitchen area shall be removed and stored in flyproof and watertight garbage cans with tight-fitting covers which are emptied not less than twice a week. Garbage cans shall not be filled to overflowing or allowed to become foul smelling or a breeding place for flies. A garbage can shall be provided with a waterproof liner or thoroughly cleaned after each emptying.

(3) Other solid waste shall be handled and removed at intervals so as not to create a nuisance or a menace to health.

History

History: 1984 AACS; 2009 AACS.

Mich. Admin. Code R 400.11311 Water supply {#sec-r-400.11311 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11311}

Rule 311. (1) Each sink, lavatory, and shower shall be supplied with safe and potable water which is sufficient in quantity and pressure to meet conditions of peak demand. Hot water in outlets accessible to campers shall not exceed 120 degrees Fahrenheit.

(2) Water shall be supplied from a public water system, if available, or, if not available, from an on-site approved water source which complies with Act No. 399 of the Public Acts of 1976, being S325.1001 et seq. of the Michigan Compiled Laws.

There shall be no cross-connection between the water supply system and a secondary water supply or piping system which may contain sanitary waste or any other contaminant. Installation of new wells or repairs on existing wells shall be done by water well drilling contractors registered under sections 12701 to 12721 of Act No. 368 of the Public Acts of 1978, as amended, being SS333.12701to 333.12721 of the Michigan Compiled Laws.

History

History: 1984 AACS; 2009 AACS.

Mich. Admin. Code R 400.11313 Maintenance {#sec-r-400.11313 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11313}

Rule 313. (1) A campsite shall be maintained in a clean, sanitary, and safe condition.

(2) The campsite, including main and accessory structures, shall be maintained so as to prevent and eliminate rodent and insect harborage.

(3) Plumbing fixtures and water and waste pipes shall be properly installed and maintained in good sanitary working condition.

(4) Water closet compartment, bathroom, and kitchen floor surfaces shall be constructed and maintained so as to be reasonably impervious to water and be composed of slip-resistant material.

(5) Hot water pipes, steam radiators, fireplaces, and permanently installed space heaters and registers shall be shielded to protect campers against burns.

History

History: 1984 AACS; 2009 AACS.

Mich. Admin. Code R 400.11315 Farm and domestic animals {#sec-r-400.11315 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11315}

Rule 315. (1) A structure housing farm animals shall not be permanently located within 500 feet of living quarters, a kitchen, or a dining hall.

(2) A temporary shelter, corral, tie rail, or hitching post shall not be located within 200 feet of a dining hall, kitchen, or other place where food is prepared, cooked, or served. Manure shall not be allowed to remain for more than 12 hours at such a location. Fly repellants and other precautions shall be used to prevent such a location from becoming an attraction or breeding place for flies.

(3) Manure shall not be stored on the premises in any way that could cause a health hazard.

(4) Drainage from stables and temporary quarters for farm animals shall not be permitted to flow into a spring, stream, or lake in such a manner as to create dangerous pollution.

(5) A horse, dog, except for a leader dog, or other domestic animal or pet shall not be permitted on a bathing beach, a pool deck, or in the water in the area used for swimming activities.

History

History: 1984 AACS; 2009 AACS.

Mich. Admin. Code R 400.11317 Swimming beaches and pools {#sec-r-400.11317 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11317}

Rule 317. (1) A camp shall ensure that the water and beach area of a natural swimming area is free from contamination by commercial, industrial, domestic, and agricultural pollution, garbage, refuse, and hazardous foreign or floating materials.

(2) A camp shall ensure that an artificial swimming pool is constructed and maintained in accordance with sections 12521 to 12534 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.12521 to 333.12534 of the Michigan Compiled Laws, and the rules promulgated under sections 12521 to 12534 of Act No. 368 of the Public Acts of 1978.

History

History: 1984 AACS; 1989 AACS; 1998-2000 AACS; 2009 AACS.

Mich. Admin. Code R 400.11319 Food sources and preparation {#sec-r-400.11319 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11319}

Rule 319. (1) Food shall be obtained from approved sources. Only pasteurized milk and milk products shall be used. Canned goods shall only be used when commercially packed.

(2) Food shall be prepared and stored in a safe manner.

PART 4 HIGH ADVENTURE ACTIVITIES

History

History: 1984 AACS; 1989 AACS; 2009 AACS.

Mich. Admin. Code R 400.11401 High adventure activities; definition; written statement; adult activity leader {#sec-r-400.11401 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11401}

Rule 401. (1) As used in this rule, "high adventure activity" means a camp program that requires specially trained staff or special safety precautions to reduce the possibility of an accident. Programs in this category include, but are not limited to, the following:

(a) Target sports.

(b) Aquatics.

(d) Adventure challenge courses.

(e) Climbing and or rappelling.

(f) Winter sports.

(g) Horseback riding and equestrian activity.

(h) Traveling groups.

(2) For high adventure activities identified in subrule (1) of this rule, and for any activity identified by the licensee as a high adventure activity, the licensee shall develop and assure adherence to a written program statement that covers all of the following:

(a) Activity leader training and experience qualifications.

(b) Specific staff-to-camper ratio appropriate to the activity.

(d) Arrangement, maintenance, and inspection of the activity area.

(e) Appropriate equipment and the inspection and maintenance of the equipment.

(f) Safety precautions.

(3) High adventure activities shall be conducted by an adult activity leader who has training in conducting the activity.

History

History: 2009 AACS.

Mich. Admin. Code R 400.11403 Applicability {#sec-r-400.11403 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11403}

Rule 403. (1) Any residential or day campsite licensee that offers any high adventure activity, as defined in R 400.11401, shall comply with the high adventure rules.

History

History: 2009 AACS.

Mich. Admin. Code R 400.11405 Certified aquatic supervisor {#sec-r-400.11405 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11405}

Rule 405. (1) A camp shall have a certified aquatic supervisor who is an adult on duty. The aquatic supervisor shall be responsible for the enforcement of safety rules and procedures governing all aquatic activity. This adult shall be present during all aquatic activity.

(2) The number of aquatic supervisors needed for an aquatic activity shall be 1 certified aquatic supervisor for up to 50 campers. For more than 50 campers, an additional certified aquatic supervisor is required.

(3) Camps using a public swimming pool that requires lifeguards and is licensed by the Michigan department of environmental quality (MDEQ) shall verify the pool is currently licensed and in compliance with MDEQ standards for lifeguards for public swimming pools. The camp is responsible for complying with R 400.11111, number of staff, to ensure adequate supervision of campers while at an MDEQ licensed swimming pool. If the pool is not required to have lifeguards by MDEQ, the camp shall follow the standards for aquatic supervisors in subrule (2) of this rule.

(4) A certified aquatic supervisor shall be certified as specified in the high adventure statement for each aquatic activity. Certification shall be 1 of the following:

(a) Equivalent to the lifeguard and CPR requirements in the American Red Cross manuals, numbers 655730 and 652161 respectively, which are adopted by reference in R 400.11103 for any of the following:

(i) Lifeguard training.

(ii) Swim instruction.

(iii) Instructor or instructor trainer.

(b) Equivalent certifications shall include, but not be limited to, Young Men's Christian Association lifeguard course, the National Waterpark Pool lifeguard training, Boy Scouts of America lifeguard training, or other nationally recognized lifeguard training program, as approved by the Department.

(c) For a watercraft activity, an adult who has satisfactorily completed training and certification that is equivalent to the requirements set forth in the American Red Cross manual number 654171, which is adopted by reference in R 400.11103.

(5) Aquatic staff shall not engage in an activity that will distract them from their duties.

History

History: 2009 AACS.

Mich. Admin. Code R 400.11407 Aquatic observers {#sec-r-400.11407 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11407}

Rule 407. (1) An aquatic observer shall be a person not less than 16 years of age who has received training from a certified aquatic supervisor that includes, at a minimum, all of the following:

(i) How to assist lifeguards with observation and swimmer control.

(ii) Being prepared with appropriate dress and supplies.

(iii) How to check for hazards.

(iv) Awareness of waterfront rules and enforcement strategies.

(v) Personal safety including self-rescue strategies.

(vi) What to watch for, including, but not limited to, cramps, seizures, exhaustion, and horseplay.

(vii) Related items specific to the waterfront.

(2) In addition to meeting the requirements for R400.11405, the number of aquatic observers needed for an aquatic activity shall be one (1) aquatic observer for up to 20 campers. For each additional 10 campers, one (1) additional aquatic observer is required.

(3) Camps using a public swimming pool licensed by MDEQ may meet the requirement for aquatic observers through the use of camp staff. Camp staff must be trained by the camp to fulfill the role of aquatic observer.

(4) Aquatic observers shall not engage in an activity that will distract them from their duties.

History

History: 2009 AACS.

Mich. Admin. Code R 400.11409 Swimming area; lifesaving equipment {#sec-r-400.11409 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11409}

Rule 409. (1) A camp shall clearly delineate areas for advanced swimmers, intermediate swimmers, and non-swimmers in any swimming area used by campers. A camp may have less than 3 swimming areas.

(2) A camp shall provide lifesaving equipment at each permanent swimming area and shall place the equipment so that it is immediately available in case of an emergency. At a minimum, the equipment shall include all of the following:

(a) A whistle or other audible signal device for each staff person on duty.

(b) An assist pole or other appropriate reaching assist device.

(c) A ring buoy or other appropriate throwing assist device that has a rope attached that is of sufficient length for the area.

(d) A backboard with a minimum of 3 straps.

(e) A first-aid kit.

(f) A rescue tube.

(3) A camp shall provide lifesaving equipment for non-swimming aquatic activities other than swimming and at any temporary swimming site and shall place the equipment so that it is immediately available in case of an emergency. At a minimum, the equipment shall include all of the following:

(a) A whistle or other audible signal device.

(b) A throwing assist device.

History

History: 2009 AACS.

Mich. Admin. Code R 400.11411 Aquatic procedures {#sec-r-400.11411 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11411}

Rule 411. (1) A camp shall classify each camper according to aquatic ability before the camper engages in an aquatic activity. All campers and staff are considered non-swimmers unless tested.

(2) A camp shall not permit a camper to participate in an aquatic activity that requires higher skills than the camper's swimming classification, except during formal instruction.

(3) A camp shall establish and enforce an accounting system, such as the buddy system, for supervising campers involved in an aquatic activity. The system used shall include all of the following:

(a) Procedures for camper check-in.

(b) Procedures for camper check-out.

(c) The periodic accounting for the whereabouts of each camper by a member of the aquatic staff. Aquatic staff shall conduct checks account for campers at least once every 10 minutes.

(4) A camp shall establish and follow a written aquatic emergency plan for each aquatic activity. The plan shall cover all of the following areas:

(a) Rescue procedures and frequency of drills.

(b) Camper accountability.

(d) Notification of outside emergency services.

(5) A camp shall use an accounting system as defined in subrule (3) of this rule for supervising camper swimming at sites other than a permanent camp waterfront. One aquatic observer shall assist an aquatic supervisor for every 10 campers or fraction thereof in the water. Aquatic staff shall account for campers at least once every 5 minutes.

(6) A camp shall not conduct swimming programs during the hours of darkness. This subrule does not prohibit the use of swimming pools that have underwater and deck lighting that provides unrestricted vision.

(7) A camp shall allow headfirst diving in designated areas only.

(8) A camp shall not allow headfirst diving in water that is less than 5 feet deep.

Aquatic staff shall use the following table to determine minimum diving area depths and distances from the end of the board or platform:

Diving Condition Water depth Distance Competitive swimming and swimming classes 5 feet 10 feet Platform less than 2 feet above the water 8 feet 10 feet Board 2 feet or less above the water 10 feet 15 feet Board more than 2 feet above the water 15 feet 20 feet

History

History: 2009 AACS.

Mich. Admin. Code R 400.11413 Watercraft and waterskiing activities {#sec-r-400.11413 omnilex-key=us-mi-regs-official--dept-lifelong-education-advancement-and-potential--R 400.11413}

Rule 413. (1) A camp shall conduct watercraft activities only during daylight hours.

(2) A camp shall ensure that an occupant of a watercraft wears an appropriately sized, coast guard approved, personal flotation device.

(3) A camp shall ensure that any water-skier or other towed activity participant wears an appropriately sized personal flotation device. The floatation device shall be approved by the coast guard for water skiing.

(4) A camp shall not permit a non-swimmer to be in a sailboat unless an adult swimmer accompanies the non-swimmer.

(5) A camp shall ensure that the aquatic supervisor or an adult aquatic observer has immediate access to a watercraft with which to provide emergency assistance. The watercraft shall be of a size and capacity to provide emergency assistance appropriate to the size and conditions of the body of water.

(6) A camp shall not locate a watercraft docking area in a swimming area.

(7) A camp shall ensure that a swimming area is not used for the launching or dropping of water-skiers.

(8) A camp shall observe the rated capacity of a watercraft.

History

History: 2009 AACS.