8 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2007-039 DEPARTMENT OF HUMAN SERVICES

DIRECTOR’S OFFICE

 

LICENSING RULES FOR CHILD CARE CENTERS

 

Filed with the Secretary of State on             

These rules will take effect immediately upon filing with the Secretary of State.

 

(By authority conferred on the director of the Department of Human Services by section 2 of 1973 PA 116, Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, and 2004-4, MCL 722.112,

330.3101, 445.2001, 445.2011, and 400.226.)

 

R 400.5101, R 400.5102, R 400.5102a, R 400.5103a, R 400.5104b, R 400.5105, R 400.5109, R 400.5117, R 400.5202a, R 400.5204, R 400.5206, R 400.5302, R 400.5307, R 400.5805, and R

400.5825 amend the Michigan Administrative Code as follows:

 

PART 1. GENERAL

 

R 400.5101  Definitions.

Rule 101.  As used in these rules:

(a)   "Accredited college or university" means a college or university that has been accredited by a regional or national institutional accrediting association recognized by the U.S. department of education.

(b)   "Ages" means all of the following:

(i)   "Infant" - birth to 11 months of age.

(ii)   "Young toddler" – 12 to 29 months of age.

(iii)   "Older toddler" – 30 to 35 months of age.

(iv)  "Three years old" means 2 years before kindergarten enrollment, as defined by the revised school code, 1976 PA 451, MCL 380.1147.

  (v) "Four years old" means 1 year before kindergarten enrollment, as defined by the revised school code, 1976 PA 451, MCL 380.1147.

  (vi) “School age” means eligible to be enrolled in attending kindergarten or a higher grade, as defined by the revised school code, 1976 PA 451, MCL 380.1147, but less than 13 years of age.

(c)   "Caregiver" means an adult who provides direct care, supervision, and guidance of children. A 17- year-old shall qualify as a caregiver if he or she meets 1 of the following:

(i)   Has satisfactorily completed at least 1 year of a vocational-occupational child care aide training program approved by the department of labor and economic growth.

(ii)   Has completed 1 year of apprenticeship in a recognized child care apprenticeship program sponsored by the U.S. department of labor.

(d)  "Center" means a child care center or day care center which is a facility other than a private residence, which receives 1 or more preschool or school-age children for care for periods of less than 24 hours a day, and at which the parents or guardians are not immediately available to the children.  It

 

 

includes a facility that provides care for not less than 2 consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, prekindergarten, play group, or drop-in center. "Center" does not include any of the following:

(i)   A Sunday school, a vacation Bible school, or a religious instructional class which is conducted by a religious organization and at which children are in attendance for not more than 3 hours per day for an indefinite period, or not more than 8 hours per day for a period not to exceed 4 weeks during a 12-month period, or a facility operated by a religious organization where children are cared for not more than 3 hours while persons responsible for the children are attending religious services.

(ii)   A special education program or service conducted under the authority of article 3 of 1976 PA 451, MCL 380.1701 to 380.1766.

(iii)   A kindergarten, elementary, or secondary school program operated by a local or intermediate school district under the authority of 1976 PA 451, MCL 380.1 et seq.

However, this exemption shall not apply to a prekindergarten program or to a child care center program for school-age children operated by a local or intermediate school district.

(iv)   An elementary or secondary school program operated by a nonpublic school.  However, this exemption shall not apply to a prekindergarten program or a child care center program for school-age children operated by a nonpublic school.

(v)  A kindergarten operated as part of a nonpublic elementary school.  However, this exemption shall not apply to a nonpublic kindergarten operated as part of a child care center.

(vi)   A program that is primarily supervised, school-age-child-focused training in a specific subject, including, but not limited to, dancing, drama, music, or religion. This exclusion applies only to the time a child is involved in supervised, school-age-child-focused training.

(vii)   A program that is primarily an incident of group athletic or social activities for school-age children sponsored by or under the supervision of an organized club or hobby group, including, but not limited to, youth clubs, scouting, and school-age recreational or supplementary education programs. This exclusion applies only to the time the school-age child is engaged in the group athletic or social activities and if the school-age child can come and go at will.

(e)  "CEU" means a continuing education unit awarded by a state board of education or an accredited college/university sponsor of continuing education units.

(f)  "Critical height" means the height of the highest designated play surface on a piece of playground equipment.

(g)   "Department" means the department of human services.

(h)   "Developmentally appropriate" means age appropriate as well as appropriate to the individual child.

(i)   "Field trip" means children and caregivers leaving the child care center premises for an excursion, trip, or program activity.

(j)   "Group size" means the specified number of children assigned to a caregiver or team of caregivers occupying an individual classroom or well-defined space for each group within a larger room.  Two or more groups may be combined for collective activities as long as appropriate child/staff ratios are maintained in the room or area.

(k)  "Parent" or “parental” means a child's natural parent, guardian, or another legally responsible person.

(l)   "Playspace" means a piece or pieces of equipment that 1 child can use independently for 15 minutes.

(m)   ) "Recommended dietary allowances" means the amount of food which meet the allowances recommended by the national research council and contained in the appendix of the publication entitled "Recommended Dietary Allowances," 10th edition, 1989. This publication is hereby adopted by

 

 

reference. Copies of the adopted matter may be obtained from the National Academy of Sciences, 500 Fifth St. N.W., Washington, D.C. 20001 at a cost as of the effective date of this rule of $24.95.

(n)  "School" means a building or part of a building which is owned or leased by, or under the control of, a public or private school or school system for the purpose of instruction as required by 1976 PA 451, MCL 380.1561 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.

(o)  "Sleeping equipment" means a crib, bed, porta-crib, cot, or mat used by children in care for sleeping and resting.

(p)  "Staff" means caregivers, drivers, kitchen personnel, maintenance personnel, and other personnel of the center as well as the program director.

(q)   "Well-defined space" means space designed and used exclusively for a specific group of children.

 

R 400.5102  Licensee.

Rule 102.  (1) The licensee shall do all of the following:

(a)  Demonstrate to the department that he or she is of good moral character as defined in 1974 PA 381, MCL 338.41 to 338.47, and is suitable to meet the needs of children.

(b)  Comply with 1973 PA 116, MCL 722.115c requirements for a Michigan department of state police criminal history record check, a criminal records check through the federal bureau of investigation, and a department of human services check for a history of substantiated abuse and neglect.

(c)  Be responsible for compliance with 1973 PA 116, MCL 722.111 and the rules promulgated under the act.

(2)   The licensee shall have the following administrative responsibilities regarding staff:

(a)  Notify and submit approved credentials to the department for approval within 30 days of hiring a new program director.

(b)  Perform a criminal history check using the Michigan department of state police’s internet criminal history access tool (ICHAT) before making an offer of employment to a person.

(c)   Develop and implement a written screening policy for all staff and volunteers, including parents, who have contact with children.

(d)  Develop and implement a written plan to assure compliance with the provisions of 1975 PA 238, MCL 722.621 and known as the child protection law.

(e)   Have a written statement signed and dated by staff at the time of hiring indicating all of the following information:

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

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

(iii)   The individual knows that caregivers are required by law to immediately report suspected abuse and neglect to children’s protective services.

(3)   The licensee shall provide for the development and implementation of a written, on-going staff training plan that includes the following:

(a)   The minimum training requirements as established in these rules.

(b)  Topics including child development, curriculum, child discipline, health/safety, nutrition, working with parents, and licensing rules for child care centers.

(4)  The licensee shall post the following in a place visible to parents:

(a)   The current license.

(b)   A copy of the current regulations.

(c)   A notice stating whether the child care center requires a criminal history check on its employees or volunteers.

 

 

(5)  The licensee shall assure that the actual number and ages of children in care at any 1 time never exceeds the number and ages of children for which a center is licensed.

(6)  The licensee shall assure that a child is released only to persons authorized by the parent. Both of Tthe following shall apply:

(a)   A child shall be released to either parent unless a court order prohibits release to a particular parent.

(b)  A copy of the order specified in subdivision (a) of this subrule (6)(a) is to be kept on file at the center.

(7)  The licensee shall cooperate with the department in connection with an inspection or investigation. Cooperation shall include both of the following:

(a)   The licensee shall provide access to all records, materials, and staff.

(b)   Information provided by the licensee to the department shall be accurate and truthful.

(8)  The licensee shall retain the name, address, and telephone number for each child enrolled and each employee for at least 4 years after they have left the center.

(9)   The licensee shall assure that smoking does not occur in or during either of the following:

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

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

 

R 400.5102a Staff training requirements.

Rule 102a. (1) At least 1 caregiver with current certification in infant, child, and adult CPR and current first aid certification shall be on duty in the center at all times.

(2)  The licensee shall assure that within 1 year of the effective date of these rules current caregivers have completed blood-borne pathogen training.

(3)  The licensee shall assure that within 6 months of initial hire each caregiver completes blood-borne pathogen training.

(4)  All caregivers shall complete 12 clock hours of annual training on topics referenced in R 400.5102(3)(b), in addition to not including CPR, first aid, and blood borne pathogen training.

(5)   Annual training hours may include participation in any of the following:

(a)   In-service trainings.

(b)     Sessions  offered  by  community  groups,  faith-based  organizations,  and  child  care  provider associations.

(c)   Workshops and courses offered by local or intermediate school districts or colleges.

(d)   Trainings, workshops, seminars, and conferences on early childhood, child development or child care administration and practices offered by early childhood organizations.

(e)   On-line trainings.

(6)  The licensee shall assure that caregivers for infants and toddlers have training that includes information about safe sleep and shaken baby syndrome prior to caring for infants and toddlers.

(7)  The center shall keep on file verification of all professional development education or training, as required by this rule.

 

R 400.5103a  Lead caregiver qualifications; responsibilities.

Rule 103a. (1) For purposes of this rule, lead caregiver applies only to groups of children under school-age. As used in this rule:

(a)  "Child-related fields" means elementary education, child guidance/counseling, child psychology, family studies, and social work.

(b)  “Child care administration” means child care administration, education administration, or business administration.

 

 

(c)  A “Child Development Associate Credential” (CDA) means a credential awarded by the council for professional recognition or similar credential approved by the department.

(d)  A “Montessori credential” means a credential issued by the association Montessori internationale (AMI), American Montessori society (AMS), or any Montessori teaching training institution recognized by the Montessori accreditation council for teacher education (MACTE) that meets or exceeds 270 hours of academic training.

(e)   Degrees and semester hours shall be from an accredited college or university.

(f)  “CEU” means a continuing education unit awarded by a state board of education or an accredited college or university sponsor of continuing education units.

(g)  "Hours of experience" means that the experience shall be in a licensed or registered facility serving the ages and developmental abilities of the children the caregiver will care for.

(2)  The lead caregiver shall be responsible for both of the following:

(a)  Oversee the planning, implementation, and evaluation of the classroom program and child assessment.

(b)  Oversee caregiving staff for a specific group of children and overall care and supervision of children.

(3)  At least 1 lead caregiver shall be assigned to each group of children in self-contained or well- defined space and shall be present and providing care in the assigned group in the following manner:

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

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

(4)   The lead caregiver shall have the following qualifications:

(a)  Be at least 19 years of age.

(b)   Have a high school diploma or GED.

(c)  Have current certification in infant, child, and adult cardiopulmonary resuscitation (CPR) and first aid.

(5)   The center shall ensure that the qualifications of the lead caregiver meet 1 of the following:

 

	Education	Semester Hours/CEUS in a child-related field	Hours of Experience
(a)	Bachelor’s degree or higher in early childhood education, child development, or a child-related field
(b)	Associate's degree or higher in early childhood education or child development
(c)	Montessori credential with ®		480 hours
(d)	Child development associate credential with ®		480 hours
(e)	High school diploma/GED with ®	12 semester hours with ®	960 hours
(f)	High school diploma/GED with ®	Combination of: 12 semester hours and/or 18 ceus to equal 180 clock hours with ®	1920 hours
(g)	High school diploma/GED with ®	Combination of: 6 semester hours and/or 9 ceus to	3840 hours

 

 

equal 90 clock hours with ®

 

(6)  A lead caregiver for infants and toddlers shall have 3 semester hours in infant/toddler development and care practices, from an accredited college or university, or 4.5 CEUs in infant/toddler development and care practices. These hours or CEUs may satisfy a portion of the requirements of subrule (5) of this rule.

(7)  Within 2 years from the effective date of these rules, the center shall comply with subrule (5) of this rule and, if applicable, subrule (6) of this rule.

(8)  The center shall keep on file verification of the education, credential, and experience qualifications of each lead caregiver, as applicable.

 

R 400.5104b  Health of staff and volunteers; report.

Rule 104b. (1) The center shall have on file a report, signed by a licensed physician, for each staff member and each volunteer who has contact with children at least 4 hours per week for more than 2 consecutive weeks. This report shall declare, to the best of the physician's knowledge, the physical capability of the staff member or volunteer to perform the duties required. The report shall be signed not more than 6 months before, or 30 days after, the start of employment.

(2) The center shall have on file evidence that each staff member and each volunteer who has contact with children at least 4 hours per week for more than 2 consecutive weeks is free from communicable tuberculosis, verified within 1 year before employment.

 

R 400.5105  Supervision and Rratio requirements of caregivers to preschool children.

Rule 105. (1) The center shall provide appropriate care and supervision of children at all times.

(2)  A minimum of 2 staff members, 1 of whom is a caregiver, shall be present at all times when 7 or more children over 3 years of age are present.

(3)  The ratio of caregivers to children present at all times shall be based upon all of the following provisions:

(a)  For children 3 years of age, there shall be 1 caregiver for 10 children or each fraction of 10, including children who are related to the staff and the licensee.

(b)  For children 4 years of age, there shall be 1 caregiver for 12 children or each fraction of 12, including children who are related to the staff and the licensee.

(c)   If there are children of mixed ages in the same room or in a well-defined space, then the ratio shall be determined by the age of the youngest child, unless each group of children is clearly separated and the appropriate child/staff ratios for each age group are maintained.

(4)  An exception to the requirements of subrule (2) of this rule may be made when the center is transporting children and is in compliance with R 400.5611(2), (3), and (4).

(5)  For infants, young toddlers, and older toddlers, there shall be a ratio of caregivers to children as required in R 400.5201a.

(6)  For school-age children, there shall be a ratio of caregivers to children as required in R 400.5303a.

 

R 400.5109  Sleeping equipment.

Rule 109. (1) The center shall provide each child enrolled for 5 or more continuous hours and, upon a parent’s request, each child in attendance during nap time, with a cot or a mat constructed of a fabric or plastic which is easily cleanable in either of the following circumstances:

(a)   For any child under school-age enrolled for 5 or more continuous hours.

(b)   Upon a parent’s request for any child in attendance during nap time.

 

 

(2)   Each cot and mat shall be cleaned and sanitized between use by different children and at least once a week regardless of use by different children.

(3)   Each child shall be provided with a sheet or blanket of appropriate size that shall be the following:

(a)   For the exclusive use of 1 child between launderings.

(b)   Washed at least weekly or more often if soiled.

(c)   Stored so that it does not make contact with other bedding.

(4)   All occupied cots and mats shall be spaced at least 18 inches apart and in a manner that provides a free and direct means of egress.

 

R 400.5117  Outdoor play area.

Rule 117. (1) The outdoor play area shall be considered an outdoor classroom and an extension of the learning environment.

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

(3)   A center operating with children in attendance for 5 or more continuous hours a day shall have an outdoor play area that has at least 1,200 square feet. More than 1,200 square feet of outdoor play area may be required when the minimum amount is not adequate for the safe and accessible use by the number of children to be cared for by the center.

(4)   If outdoor space is not available adjacent to the center, then a park or other outdoor facility may be used. The following shall apply:

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

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

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

(5)   An outdoor play area located on the center's premises and all outdoor play equipment shall be maintained in a safe condition and inspected daily before use to ensure that no hazards are present.

(6)   The outdoor play area shall be in a safe location.  It shall be protected from hazards, when necessary, by a fence or natural barrier that is at least 48 inches in height.

(7)   The equipment in the outdoor play area shall comply with the guidelines of the 1997 edition of the Handbook for Public Playground Safety, PUB No. 325, and is hereby adopted by reference. Copies may be obtained, at no cost, from the Consumer Product Safety Commission (CPSC), Washington, D.C. 20207 (www.cpsc.gov) or from the department of human services, P.O. Box 30650, Lansing, Michigan 48909.  Documentation of compliance shall be provided to the department upon request, and kept on file in the center.  Centers licensed before the promulgation of these rules shall have 2 years from the effective date of these rules to meet the requirements of this rule.

(8)   The surface materials and use zones in the outdoor play area shall comply with the guidelines of the Handbook for Public Playground Safety, PUB No. 325, referenced in subrule (7) of this rule. In addition, the following shall apply:

(a)   Protective surfaces such as wood mulch, double shredded bark mulch, uniform wood chips, fine or coarse sand, pea gravel, rubber or rubber over foam mats or tiles, poured in place urethane and rubber compositions shall be provided in areas where climbing, sliding, swinging, or other equipment from which a child might fall is located.

(b)   Loose-fill surfacing material shall not be installed over concrete.

(c)   If children's wheeled vehicles and pull toys are used, then a suitable surface shall be provided for their use.

(9)   The compressed depth of the surface material that is required shall be based on the critical fall height of the equipment. All of the following applies to surfacing material:

(a)   Six inches of approved surfacing material is required for equipment with a critical fall height of up to 7 feet.

 

 

(b)   Nine inches of approved surfacing material is required for equipment with a critical fall height of 7 feet to 10 feet.

(c)   When sand is used as a surfacing material, 12 inches of sand is required for equipment with a critical fall height of 5 to 10 feet.

(10)   The depth of the loose-fill surface material shall be restored to its required depth when it has moved or become packed.

(11 ) Trampolines are prohibited for shall not be used by children in care.

(12)   There shall be a shaded area in the summer to protect children from excessive sun exposure.

(13)   Centers licensed before the promulgation of these rules shall have 1 year from the effective date of these rules to comply with subrules (8) and (9) of this rule.

(14)   School-age child care centers operating in school buildings approved by the Michigan department of education shall be exempt from subrules (7), (8), and (9) of this rule, provided the licensee informs parents, in writing at the time of enrollment, if the center plans to use a public school's outdoor play area and equipment that does not comply with this rule.

 

PART 2. INFANTS/YOUNG TODDLER/OLDER TODDLER

 

R 400.5202a Primary care.

Rule 202. (1) For the purposes of this rule, primary care means the following:

(a)   Continuity of a relationship so that a child has as few primary caregivers, including substitute caregivers, as possible during any given day, within any given week, and over an extended period of time.

(b)    Continuity of care to allow children and their primary caregiver to develop nurturing relationships over time.

(c)   Appropriate social-emotional interaction, including, but not limited to smiling, holding, talking to, rocking, cuddling, eye contact, interacting with the child during routines and play activities, and providing guidance that helps the child develop social skills and emotional well-being.

(2)   The center shall implement a primary care system so that each infant, young toddler, and older toddler has a primary caregiver.

(3)   Each child shall have not more than 4 primary caregivers in a week. For centers operating less than 24 hours a day, an exception may occur during the first hour after the center opens and the hour before closing.

(4)   Information regarding a child’s food, health, and temperament shall be shared daily between caregivers when more than 1 primary caregiver is assigned to any infant, young toddler, or older toddler.

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

(6)   An exception to R 400.5202a may be made when the center is transporting children and is in compliance with R 400.5611(1) and (2).

 

R 400.5204  Bedding and sleeping equipment for infants/toddlers; seating for staff.

Rule 204. (1) All bedding and equipment shall be appropriate for the child and be clean, comfortable, safe, and in good repair. Bedding shall also be incompliance with 2000 PA 219, MCL 722.1051, and known as the children’s product safety act.

(2)   A safe crib shall have the following:

(a)   A firm, tight-fitting mattress.

(b)   No loose, missing, or broken hardware or slats.

(c)   Not more than 2 3/8 inches between the slats.

(d)  No corner posts over 1/16 inches high.

(e)   No cutout designs in the headboard or footboard.

(3)   All bedding and sleep equipment shall be cleaned and sanitized before being used by another person.

 

 

(4)   All bedding shall be washed when soiled or weekly at a minimum.

(5)  An infant shall rest or sleep alone in an approved crib or porta-crib. The following provisions shall apply:

(a)  A tightly fitted bottom sheet shall cover a firm mattress with no additional padding placed between the sheet and mattress.

(b)   The infant's head shall remain uncovered during sleep.

(c)  Soft objects, bumper pads, stuffed toys, blankets, quilts or comforters, and other objects that could smother a child shall not be placed with or under a resting or sleeping infant.

(d)  Blankets, if used, shall be thin, lightweight, and tucked in along the sides and foot of the mattress and shall not come up higher than the infant’s chest.

(e) Blankets shall not be draped over cribs or porta-cribs.

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

(7)  Car seats, infant seats, swings, bassinets and playpens are not approved sleeping equipment for children.

(8)  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 size and age.

(9)  Stacking cribs are prohibited after the effective date of these rules.  Centers using stacking cribs before the effective date of these rules may continue to use existing stacking cribs only for children under 7 months of age or not yet standing.

(10)  When existing stacking cribs need to be replaced, the replacement cribs shall meet the requirements of subrules (1) and (2) of this rule.

(11)  All occupied cribs and porta-cribs shall be spaced at least 2 feet apart and in such manner that there is a free and direct means of egress.

(12)  When sleeping equipment and bedding are stored, sleeping surfaces shall not come in contact with other sleeping surfaces.

(13)  A rocking chair or other comfortable, adult-sized seating shall be provided for 50% of the caregiving staff on duty who are providing infant and toddler care.

 

R 400.5206 Records.

Rule 206. (1) For children up to 12 months of age infants, parents shall receive a written daily record that includes at least the following information:

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

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

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

(d)  Developmental milestones.

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

 

PART 3. SCHOOL AGE

 

R 400.5302  School-age program director qualifications.

Rule 302. (1) A program director shall be present during the following:

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

(b)  At least 50% of the time children are in care, but not less than a total of 6 hours for programs operating 6 or more continuous hours.

(2)  A program director shall comply with all of the following:

(a)  Be at least 21 years of age.

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

 

 

(d)  Complete 12 clock hours of annual training on topics referenced in R 400.5102(3)(b), in addition to CPR, first aid, and blood borne pathogen training.

(e)   Develop, implement, and evaluate center policies and program.

(f)  Administer day-to-day operations.

(g)   Oversee staff.

(3)   The center shall ensure that the qualifications of the program director meet 1 of the following:

 

	Education	Semester Hours in a child- related field	Hours of   Experience
(a)	Bachelor's degree or higher in a child- related field
(b)	Associate's degree in a child-related field with ®		480 hours
(c)	Montessori credential with ®	12 semester hours with ®	480 hours
(d)	Michigan school-age credential with ®	12 semester hours with ®	480 hours
(e)	Child development associate credential with ®	12 semester hours with ®	480 hours
(f)	60 semester hours with ®	12 semester hours with ®	720 hours
(g)	High school diploma/GED with ®	6 semester hours with ®	2880 hours

 

(4)  A program director shall have at least 2 semester hours in child care administration from an accredited college or university, or a minimum of 3.0 CEUs in child care administration. The following shall apply:

(a)  A program director currently employed as a program director before the effective date of these rules shall have 2 calendar years to complete the child care administration requirement.

(b)  A program director meeting the qualifications of subrules 3(a) or 3(b) of this rule or having 5 years experience as a program director before the effective date of these rules shall be exempt from the requirements of this rule.

(5)  The center shall keep on file verification of the education, credential, and experience qualifications, as applicable.

 

R 400.5307 Site supervisor qualifications; responsibilities.

Rule 307. (1) For multisite programs, with a program director responsible for more than 1 center, the licensee shall assure that a site supervisor is present during all hours of operation.

(2)  The site supervisor shall meet all of the following:

(a)  Be at least 19 years of age.

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

(c)  Have 480 hours of experience working as a caregiver in a program serving school-age children that meets the requirements of 1973 PA 116, MCL 722.111.

(d)  Have completed 16 clock hours of documented school-age training.

 

 

(3)   The site supervisor shall meet the training requirements in R 400.5302(2)(d).

(4)   The site supervisor shall be responsible for the daily operation and implementation of the site program, supervision of the site staff, and for overall care and supervision of children.

(5)   A site supervisor shall assist the program director in all of the following:

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

(b)   Administering day-to-day operations.

(c)   Monitoring and overseeing staff.

 

PART 8. FIRE SAFETY

 

R 400.5805 Plans and specifications; submission; approval; inspections.

Rule 805. (1) The center shall submit to the department a complete set of plans and specifications of any proposed center or proposed addition, alteration, or remodeling to an existing center.

(2)   The center shall obtain written approval from the department before initiating any construction.

(3)   Plans shall bear the seal of a registered architect or engineer when the total cost of the project is

$15,000 or more, including labor and materials.

(4)   A fire safety inspection shall be conducted by the department of labor and economic growth, bureau of construction codes and fire safety and an approval granted before issuance of the original provisional license and every 4 years thereafter, at the time of renewal.

(5)   If a boiler is used, then it shall be inspected and a certificate provided, as required, by the boiler division, department of labor and economic growth.

(6)   New furnace and fuel-fired water heater installations shall be inspected and approved by the department of labor and economic growth inspectors or local mechanical inspecting authorities. (a) Fuel-fired furnaces shall be inspected prior to issuance of an original license and every 2 years at renewal by a licensed heating contractor.

(7)   (b) Fuel-fired water heaters shall be inspected prior to issuance of an original license and every 2 years at renewal by either a licensed heating contractor or a licensed plumbing contractor.

(8)    New furnace and fuel-fired water heater installations shall be inspected and approved by the department of labor and economic growth inspectors or local mechanical inspecting authorities at the time of installation.

 

R 400.5825 Hazard Areas.

Rule 825. (1) In an existing licensed center, hazard areas shall be separated from the parts of the building used as a center in the following manner:

(a)   In centers licensed before June 4, 1980, areas used for the storage of combustibles and other hazard areas will continue to be approved if they are enclosed with a minimum ¾ -hour fire resistive construction and doorways to the areas are protected with a minimum 1¾ inch, solid core wood door or doors equipped with approved self-closing devices and positive latching hardware.

(b)   In centers licensed between June 4, 1980 and July 1, 2000, the following shall apply:

(i)   Where the area used for the storage of combustibles exceeds 100 square feet, by construction having a minimum 1-hour fire resistance rating, openings in the separation shall be protected with a “B” labeled fire door and frame assembly, including an approved self-closing device and positive latching hardware.

(ii)   Where the area used for the storage of combustibles does not exceed 100 square feet, by construction having a minimum ¾ hour fire resistance rating, all door openings shall be protected by minimum 1¾-inch solid core wood doors or equivalent hung in substantial frames and equipped with approved self-closing devices and positive latching hardware.

(c)   In centers licensed after July 1, 2000, including centers licensed after the effective date of these rules, the following shall apply:

 

 

(i)   Where the area used for the storage of combustibles exceeds 100 square feet, by construction having a minimum 1-hour fire resistance rating, openings in the separation shall be protected with a “B” labeled fire door and frame assembly, including an approved self-closing device and positive latching hardware.

(ii)   Where the area used for the storage of combustibles does not exceed 100 square feet, by construction having a minimum 1-hour fire resistance rating.  All door openings shall be protected by minimum 1¾-inch solid core wood doors or equivalent hung in substantial frames and equipped with approved self-closing devices and positive latching hardware.

(2)   Where a kitchen with commercial cooking equipment exposes a required means of egress or use area, it shall be separated from the remainder of the building with minimum 1-hour fire resistive construction including "B" labeled fire door and frame assemblies in all common openings.  Kitchens having commercial cooking equipment protected by an approved automatic kitchen hood suppression system are exempt from this requirement.

(3)   An incinerator shall be separated from the remainder of the center by construction having a 1-hour fire-resistance rating. Openings between the incinerator room and the remainder of the building shall be protected with a "B" labeled fire door and frame assembly. In new construction, the incinerator room shall have not less than 1 outside wall containing a window or door opening directly to the outside.

(4)   Heating shall be by a central heating plant, or an approved permanently installed electrical heating system.  If heating is provided by a central heating plant and located on the same floor that is used for child occupancy, it shall be installed in an enclosure providing not less than a 1-hour fire-resistive separation, including a “B” labeled fire door and frame assembly equipped with an approved self- closing device and positive latching hardware in any interior door opening.  Door openings for heat plant enclosures not located on the same floor that is used for child occupancy may have 1¾-inch solid wood core doors having positive latching hardware and an approved self-closing device or equivalent. Air for proper combustion shall be provided directly from the outside through a permanently opened louver or noncombustible duct. The storage of combustible materials in a heating plant room is prohibited.

(5)   In an existing licensed center, a properly installed heating plant located in a basement which is not used for child occupancy does not require additional protection where there is a qualified fire separation and with at least a 1¾-inch solid core wood door or equivalent hung in a substantial frame and equipped with an approved self-closing device and positive latching hardware in all stairway openings.

(6)   Any fuel fired water heater or other similar equipment shall be located according to subrules (4) or

(5)   of this rule, as applicable.

(7)   Where electric heating is used, it shall be underwriters' laboratories, inc. labeled or listed permanent, fixed-type electrical heating such as recognized panel or baseboard fixed-type. Electric heating which complies with this requirement may be installed in any location.

(8)    An auxiliary heating unit, such as a portable combustion or electrical type, shall not be used without approval of the department.

(9)   The center shall not store flammable materials, including fuels, pressurized cans, cleaning fluids and supplies, polishes, and matches, in heat plant enclosures. These items may be stored outside of child use areas in metal cabinets or storage facilities accessible only to authorized personnel.

(10)   The center shall not store combustible materials within the central heating plant or fuel fired water heater rooms or in basements containing fuel-fired heating equipment, without a proper fire separation.

(11)   The center shall not permit gasoline-powered equipment in the part of a building which is used as a center or in other parts of the building from which there is a door, window, or other opening into the center, unless that part of the building is separated from the remainder of the building by minimum 2- hour fire resistive construction.

 

 

(12)  If commercial-type laundry equipment is installed, then the equipment shall be enclosed to provide a 1-hour resistance to fire, including a "B" labeled fire door and frame assembly in an interior door opening which would expose the center.

(13)   Fire dampers shall not be required in 3/4-hour and 1-hour fire-resistive enclosures.