DEPARTMENT OF HUMAN SERVICES

                             DIRECTOR'S OFFICE

                   LICENSING RULES FOR CHILD CARE CENTERS

(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.)


                             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) "School age" means attending kindergarten or a higher grade  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.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS; 2006 AACS; 
2008 AACS.


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 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 the 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 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.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS; 2006 AACS; 
2008 AACS.


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), 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. 

  History: 2006 AACS; 2008 AACS.
 

R 400.5103  Program director qualifications; responsibilities.
  Rule 103.  For purposes of 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.
  (1) A program director shall be present at the following:
  (a) Full time for programs operating  less  than  6    continuous    hours, 
when children are present.
  (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 have the following qualifications:
  (a) Be at least 21 years of age.
  (b) Have earned a high school diploma or ged.
  (c)  Have  current  certification  in   infant,    child,     and     adult 
cardiopulmonary resuscitation (cpr) and first aid.
  (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  including   being    available    to 
address parent, child, and staff issues.
  (g) Monitor and evaluate staff.
  (3) The center shall ensure  that  the  qualifications  of   the    program 
director meet 1 of the following: 

	Education		Semester hours in early 
				childhood education or 		Hours of Experience
				child development	

(a)Bachelor's degree or 
higher in early childhood 
education or child development		


(b)Bachelor's degree or 
higher in a child-related 
field with >			18 semester hours with 	>	480 hours


(c)Associate's degree in 
early childhood education 
or child development with >	18 semester hours with >	480 hours


(d)Montessori credential 
with >				18 semester hours with >	960 hours


(e)Child development 
associate credential with >	18 semester hours with >	960 hours



(f)60 semester hours with >	18 semester hours with >	1920 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.
  (5) A program director, currently employed as a program  director    before 
the effective date of these rules, with a minimum of  2   years    experience 
as  a program director, shall be exempt from the requirements   in   subrules 
(3)  and (4) of this rule.
  (6) Program directors, currently employed as a program   director    before 
the effective date of these rules, with less than 2  years  experience  as  a 
program director,  shall  have   2   calendar   years   to    complete    the 
requirements  in subrules (3) and (4) of this rule.
  (7) Program directors hired within 1 year after the  effective   date    of 
these rules who have the minimum of 1 of the following  requirements    shall 
have  1 year to complete the requirements in subrules (3)  and  (4)  of  this 
rule.
  (a) Sixty semester  hours  of  credit  at  an   accredited    college    or 
university with not less than 12 semester hours in child  development,  child 
psychology, orearly childhood education.
  (b) The child development associate credential awarded  by   the    council 
for professional recognition  or  similar  credential   approved    by    the 
department with not less than 12 semester hours in child  development,  child 
psychology,  orearly  childhood  education  at  an  accredited   college   or 
university.
  (c)  A  Montessori   credential   awarded   by   a    Montessori    teacher 
training institution recognized by the Montessori accreditation  council  for
 teacher education (MACTE).
  (8) A program director shall appoint a substitute for a   lead    caregiver 
who has  an  absence  that  exceeds  30  consecutive  workdays  until  return
 or  replacement  of  the  lead  caregiver.  A  substitute  shall  meet   the 
qualifications of the lead caregiver or be  currently  enrolled  in  relevant 
training.
  (9)   The   center   shall   keep   on   file    verification    of     the 
educational  qualifications  of  the  program  director  and  the  credential 
qualifications,  as applicable.

  History:  1980 AACS; 1998-2000 AACS; 2001 AACS; 2006 AACS. 


R 400.5103a  Lead caregiver qualifications; responsibilities.
  Rule 103a. (1) For purposes of this rule, lead caregiver  applies  only  to 
groups of children who are less than 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 equal 90 clock hours  with 
®

  
  

  
3840
  hours
  
 

 (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.

  History: 2006 AACS; 2008 AACS.


R 400.5104   Staff.
  Rule 104. (1) All staff shall be of responsible  character   and   suitable 
to meet the needs of children.
  (2) A staff member shall not be present in a child care center if  he    or 
she has been convicted of either of the following:
  (a) Child abuse or child neglect.
  (b) A felony involving harm or threatened harm to an individual within  the 
10 years immediately preceding the date of hire.
  (3)  A  staff  member  shall  provide  the  child    care    center    with 
documentation from the department of human services that he or  she  has  not 
been named in  a central registry case as the perpetrator of   child    abuse 
or  child  neglect before having contact with a child in care.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS. 


R 400.5104a  Volunteers.
  Rule 104a. (1) A volunteer  shall  not  have  unsupervised   contact   with 
children in care if he or she has been convicted of either of the following:
  (a) Child abuse or child neglect.
  (b) A felony involving harm or threatened harm to an individual within  the 
10 years immediately preceding the date of offering to volunteer    at    the 
child care center.
  (2) A volunteer shall provide the child care center   with    documentation 
from the department of human services that he or she  has  not   been   named 
in  a central registry case as the perpetrator of  child  abuse   or    child 
neglect before having unsupervised contact with a child in care.
  (3) Each child care center shall establish   and   maintain    a    written 
policy regarding supervision of  volunteers,  including  volunteers  who  are 
parents  of a child in care.

  History: 2000 AACS; 2006 AACS.


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.

  History: 2000 AACS; 2006 AACS; 2008 AACS.


R 400.5105  Supervision and ratio requirements.
  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.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS; 2006 AACS; 
2008 AACS.


R 400.5105a  Rescinded.

  History: 1998-2000 AACS; 2006 AACS.


R 400.5105b  Rescinded.

  History: 1998-2000 AACS; 2006 AACS.


R 400.5106   Program.
  Rule 106. (1) A developmentally appropriate program  shall  be  implemented 
that includes all of the following areas:
  (a) Physical development.
  (b) Social development.
  (c) Emotional development.
  (d) Intellectual development.
  (2) The following types of activities shall be provided daily:
  (a) Quiet and active.
  (b) Individual, small groups, and large groups.
  (c) Large and small muscle.
  (d) Child initiated and staff initiated.
  (e)  Developmentally  appropriate  language   and   literacy    experiences 
throughout the day accumulating for not less than 30 minutes.
  (f) Early math and science experiences.
  (3) Daily activities shall be  planned  so  that  each  child  may  do  the 
following:
  (a) Have opportunities to feel successful and  feel  good   about   himself 
or herself and develop independence.
  (b) Use materials and take part in activities which encourage creativity.
  (c) Learn new ideas and skills.
  (d) Participate in imaginative play.
  (4) Television, video tapes, movies, electronic  devices   and    computers 
shall be designed for children's education and/or enjoyment, and   shall   be 
suitable to the age of the child in terms of content and length of use.
  (a) Programs or movies with  violent  or  adult  content  shall   not    be 
permitted while children are in care.
  (b)  Other  activities  shall   be   available    to    children     during 
television/movie viewing.
  (5) A daily activity guide relating to the  curriculum   and    each    age 
group shall be prepared and posted in a place visible to parents or otherwise
 made available to them.
  (6) The center  shall  provide  daily  outdoor  play  when   children   are 
in attendance for 5 or more  continuous  hours  per  day,  unless   prevented 
by inclement weather or other weather  conditions  that  could   result    in 
children becoming overheated or excessively chilled.
  (7) The center shall provide a naptime or  quiet   time    when    children 
under school-age are in attendance 5 or more continuous hours per day.
  (8) The center shall provide opportunities to rest for children less   than 
3 years of age regardless of the number of hours in care.
  (9) The center shall permit infants to eat and sleep on demand.
  (10) The licensee shall, for children  with  special  needs,   work    with 
the parents, medical personnel and/or other   relevant    professionals    to 
provide care according to the child's identified needs.
  (11) The center shall permit parents to visit the program for  the  purpose 
of observing their children during hours of operation.

  History:  1980 AACS; 1998-2000 AACS; 2003 AACS; 2006 AACS.


R 400.5107   Discipline.
  Rule 107. (1) The  staff  shall  use  positive  methods    of    discipline 
that encourage self-control, self-direction, self-esteem, and cooperation.
  (2) The following means of punishment shall be prohibited:
  (a) Hitting, spanking, shaking, biting, pinching,  or   inflicting    other 
forms of corporal punishment.
  (b) Restricting a child's movement by binding or tying him or her.
  (c) Inflicting mental  or  emotional  punishment,  such   as   humiliating, 
shaming, or threatening a child.
  (d) Depriving a child of meals, snacks, rest, or necessary toilet use.
  (e) Confining a child in an enclosed area, such as   a    closet,    locked 
room, box, or similar cubicle.
  (3) Non-severe and developmentally appropriate discipline or restraint  may 
be used when reasonably necessary, based on a child's development, to prevent
 a child from harming himself or herself or to   prevent   a    child    from 
harming other persons  or  property,  excluding  those  forms  of  punishment 
prohibited  by subrule (2) of this rule.
  (4) A policy shall be developed and implemented regarding  the   discipline 
of children.  It shall be:
  (a) In written form.
  (b) Age appropriate.
  (c) Provided to staff and parents.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5108   Equipment.
  Rule 108. (1) The center shall provide an adequate and varied   supply   of 
play equipment, materials, and furniture, which meet the following criteria:
  (a) Appropriate to the developmental needs and interests of children.
  (b) Safe, clean, and in good repair.
  (c) Child-sized or appropriately adapted for a child's use.
  (d) Easily accessible to the children.
  (2) The center shall have sufficient materials and  equipment  to   provide 
a minimum of 3 playspaces per child in the licensed capacity.
  (3) A minimum of 2 playspaces shall be available and accessible  per  child 
in attendance on any given day during child-initiated activity time.
  (4) Children shall have  access  to  equipment  and  materials    in    the 
following areas on a daily basis:
  (a) Large and small muscle activity.
  (b) Sensory exploration.
  (c) Social interaction and dramatic play.
  (d) Discovery and exploration.
  (e) Early math and science experiences.
  (f) Creative experiences through art, music, and literature.
  (5) The  center  shall  provide  a  complete  equipment  inventory  to  the 
department before initial licensure and update it at each renewal.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5109  Sleeping equipment.
  Rule 109. (1) The center shall provide 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 who is less  than  school-age  enrolled  for  5  or  more 
continuous hours.
  (b) Upon a parent's request for any child in attendance. 
  (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.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS; 
2008 AACS.


R 400.5109a  Nighttime care.
  Rule 109a.  If a child is in care between the hours of 11  p.m.    and    6 
a.m., then the following shall be required:
  (a) A separate area away from sleeping children where the child can  engage 
in quiet activities.
  (b) A bed and mattress, with a waterproof covering, of a  size  appropriate 
to the age of each child.

  History: 2006 AACS.


R 400.5110   Food services and nutrition.
  Rule 110. (1) Snacks and meals shall be provided by the center, except when 
1 of the following circumstances occurs:
  (a) A majority of the children are in attendance less than 4 hours.
  (b) Food is provided by a parent.
  (2) Food  provided  by  the  center  shall  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  as administered by the Michigan department of education based  on  7 
C.F.R.   Part  226,  1-1-05  edition,  of   the   U.   S.    department    of 
agriculture,  food  and nutrition services, child and adult care food program 
and is  hereby  adopted by reference. A copy  can   be   obtained    at    no 
charge  on  the  internet  at  www.fns.usda.gov/cnd/Care/CACFP/cacfphome.htm, 
or  from  the  department   of  human  services,  P.O.  Box  30650,  Lansing, 
Michigan, 48909.
  (3) A child shall be  served  meals  and  snacks  in  accordance  with  the 
following schedule:
  (a) Four hours to 6 hours of operation: a minimum of 1 meal and 1 snack.
  (b) Seven hours to 10 hours of operation: a minimum  of  1  meal   and    2 
snacks, or 2 meals and 1 snack.
  (c) Eleven hours or more of operation: a minimum of 2 meals and 2 snacks.
  (4) The center shall assure that a child is not deprived of a   snack    or 
meal if the child is in attendance at the time when  the  snack  or  meal  is 
served.
  (5) Menus shall be planned in advance, shall be dated, and shall be  posted 
in a place visible to parents. Food substitutions shall be noted on the menus.
  (6) The center shall assure that  a  child  with  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 a licensed physician.
  (7) Adequate staff shall be provided so that food service  activities    do 
not detract from direct care and supervision of children.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5111   Children's records.
  Rule 111. (1) At  the  time  of  the  child's   initial    attendance,    a 
child information card, using a form provided by  the   department    or    a 
comparable  substitute,  filled  out  by  the   parent,   including   written 
permission, signed by the parent, to seek emergency  medical  care  shall  be 
obtained and kept on file and accessible in the center.
  (2) Child information cards shall be updated annually or when changes occur.
  (3) At the time of initial attendance,  1  of  the  following   shall    be 
obtained and kept on file and accessible in the center:
  (a) A certificate of immunization  showing  a  minimum  of  1    dose    of 
each immunizing agent specified by the department of community health.
  (b) A copy of a waiver addressed to the department of   community    health 
and signed by the parent stating immunizations are not being administered due
 to religious, medical, or other reasons.
  (4) When a child  has  been  in  attendance  for  4  months,   an   updated 
certificate showing completion of all additional  immunization   requirements 
as  specified by the department of community health shall be on  file  unless
 there  is  a signed statement by a licensed physician  or   his    or    her 
designee  stating immunizations are in progress.
  (5) Within 30 days of  initial  attendance,  1  of  the   following   shall 
be obtained and kept on file and accessible in the center:
  (a) For infants and young toddlers:   A  physical   evaluation    performed 
within the preceding 3 months signed by a licensed physician or  his  or  her 
designee.
Restrictions shall be noted.
  (b) For older  toddlers  and  pre-school  age:   A   physical    evaluation 
performed within the preceding year signed by  a  licensed    physician    or 
his  or  her designee.  Any restrictions shall be noted.
  (6) Physical evaluations shall be updated as follows:
  (a) Yearly for infants and young toddlers.
  (b) Every 2 years for older toddlers and pre-school age.
  (7) The  center  shall  assure  that   if   a   parent   objects    to    a 
physical examination or medical  treatment  on  religious    grounds,    then 
the  parent provides a signed statement annually that the child is  in   good 
health  and that the parent assumes responsibility for the child's  state  of 
health  while at the center.
  (8) The center shall maintain an accurate record of daily  attendance    at 
the center that includes each child's first  and  last   name,    and    each 
child's arrival and departure time.
  (9) Parent's written permission for the child's  participation   in   field 
trips shall be obtained at the time of enrollment or  before    each    field 
trip  and kept on file in the center.
  (10) Parents shall be notified before each field trip.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5111a  Accident, injury, illness, death reporting.
  Rule 111a.  (1) The  center  shall  make   a   verbal   report    to    the 
department within 24 hours of a serious injury, or accident, or   a   serious 
illness  or medical condition occurring  while  a  child  is  in  care   that 
results   in  emergency  medical  treatment   at   a   health   facility   or 
hospitalization, or death.
  (2) The center shall submit a written report in  a  format   provided    by 
the department within 72 hours of a serious injury or accident, or a  serious
 or medical condition which results in emergency medical treatment    at    a 
health facility or hospitalization, or death.  A copy of the report shall  be 
kept on file at the center.

  History: 2006 AACS.


R 400.5111b  Health care policies and resources.
  Rule 111b. A written health care plan shall be implemented  that   includes 
the following:
  (a) Health practices and policies including procedures for the following:
  (i) Children and staff hand washing.
  (ii) Handling children's bodily fluids.
  (iii) Cleaning and sanitizing of all equipment, toys and other surfaces.
  (iv) Controlling infection, including universal precautions.
  (b) Health-related resources.

  History: 2006 AACS.


R 400.5112   Rescinded.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5113   Rescinded.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5113a  Emergency procedures.
  Rule 113a. (1) The center shall have  written  procedures  for   the   care 
of children and staff for each of the following emergencies:
  (a) Fire.
  (b) Tornado.
  (c) Serious accident, illness, or injury.
  (d) Crisis management, including, but  not  limited  to    intruders    and 
bomb threats.
  (2) The center shall inform each member of the staff of his or  her  duties 
and responsibilities if  an  emergency  occurs.  Emergency  procedures  shall
 be reviewed with staff at least twice a year.
  (3) The center shall establish and implement a fire  drill   program    for 
staff and children consisting of at least 1 fire drill quarterly  to   assure 
prompt evacuation of the building in case of emergency.
  (4) The  center  shall  establish   and   implement   a    tornado    drill 
program consisting of at least 2 tornado drills during the months of April to 
October to assure prompt emergency procedures in the case of a tornado.
  (5) The center shall post emergency procedures  and  evacuation  plans   in 
a place visible to staff and parents.
  (6) A written log indicating the date and time  of   fire    and    tornado 
drills shall be on file at the center.
  (7) If cribs are used in emergency evacuations, then  all   doors    within 
the means of egress  shall  be  wide  enough  to  readily   accommodate   the 
crib evacuation.

  History: 1998-2000 AACS; 2006 AACS.


R 400.5113b  Medication; administrative procedures.
  Rule 113b. (1) Medication, prescription or nonprescription, shall be  given 
to a child by an adult caregiver only.
  (2) Medication, prescription or  nonprescription,  shall  be    given    or 
applied only with prior written permission from a parent.
  (3) All medication shall be  its  original  container,   stored   according 
to instructions, and clearly labeled for a named child.
  (4) Prescription medication shall have  the  pharmacy   label    indicating 
the physician's name, child's name, instructions, and name and  strength   of 
the medication and shall be given according to those instructions.
  (5) All medication shall be kept out of the reach of children   and   shall 
be returned to the child's parent or destroyed when the parent determines  it 
is no longer needed or it has expired.
  (6)  A  caregiver  shall  give   or   apply     any     prescription     or 
nonprescription medication according to the  directions  on   the    original 
container  unless authorized by a written order of the child's physician.
  (7)  Topical  nonprescription  medication,  including,  but   not   limited 
to  sunscreen  and   insect   repellant,    requires     written     parental 
authorization annually.
  (8) The center shall maintain a record as to  the  time  and   the   amount 
of medication given or applied, with the exception of subrule (7)   of   this 
rule, on a form provided by  the  department  or  a   comparable   substitute 
approved  by the department.  The signature of  the  caregiver  administering 
the  medication shall be included.

  History: 2006 AACS.


R 400.5113c  Child illness.
  Rule 113c. (1) Parents shall be notified when the center  observes  changes 
in the child's health, a child experiences accidents  or  injuries,  or  when
 a child is too ill to remain in the group.
  (2) The center shall assure that a child too ill to remain in   the   group 
is placed in a separate area and is cared for and  supervised    until    the 
parent arrives.
  (3) Items and facilities, including  sleep  equipment,  bedding,  utensils, 
toys, toilets, and lavatories, used by the ill child shall not be used by any 
other person until thoroughly cleaned and sanitized.
  (4) If the center becomes aware  that  a  child  in  care  has   contracted 
a communicable disease, then the center shall notify parents of the following:
  (a) The name of the communicable disease.
  (b) The child may have been exposed.
  (c) The symptoms of the disease.

  History: 2006 AACS.


R 400.5114   Information provided to parents.
  Rule 114. (1) A licensee shall develop a written  information   packet   to 
be provided to each parent enrolling a child that  includes,  but   is    not 
limited to the following:
  (a) Criteria for admission and withdrawal.
  (b) Schedule of operation, denoting hours, days,  and    holidays    during 
which the center is open and services are provided.
  (c) Fee policy.
  (d) Discipline of children.
  (e) Nutrition and food service program.
  (f) Program philosophy and typical daily schedule.
  (g) Health care plan.

  History:  1980 AACS; 2006 AACS.


R 400.5115   Telephone service.
  Rule 115. (1) A land-line telephone, excluding pay phones,  cell    phones, 
and cordless phones, shall be available,  operable,  and  accessible  in  the 
building during the hours that the center  is  in  operation.   An   operable 
land-line telephone does not require electricity in the center to operate.
  (2) During the hours the center is in operation, the center shall   provide 
a telephone number known to the public  and   available   to    parents    to 
provide immediate access to the center.
  (3) Emergency telephone numbers,  including  911,  fire,   police,   poison 
control center,  and  emergency  medical  services,  shall  be  conspicuously
 posted immediately adjacent to the telephone.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5116   Indoor space.
  Rule 116. (1) Indoor activity space shall be used by and   accessible    to 
each child.
  (2) The required square footage of space per child  shall  be   at    least 
the following:
  (a) Fifty square feet for infants and young toddlers.
  (b) Thirty-five square feet for older toddlers to school-age.
  (3) The following indoor space is excluded from the required square footage:
  (a) Hallways.
  (b) Bathrooms.
  (c) Reception and office areas.
  (d) Kitchens.
  (e) Storage areas and cloakrooms.
  (f) Areas used exclusively for  resting,  sleeping,  or   eating,    except 
for infants and young toddlers.
  (4) The center shall provide a floor plan of  all  child  use   areas    to 
the department.  Only space that has received prior approval for child use by 
the department may be used  for  child  care.    Structural    changes    and 
unapproved areas shall be reviewed and approved by the department before use.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS; 2006 AACS.


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 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 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.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS; 
2008 AACS.


R 400.5118   Rule variances.
  Rule 118.  (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, shall  be  kept  on  file  with  the  applicant  or 
licensee.
  (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.

  History:  1980 AACS; 2006 AACS. 

 

             PART 2.  INFANTS/YOUNG TODDLER/OLDER TODDLER


R 400.5201   Rescinded.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5201a  Ratio of caregivers to infants/young toddlers/older toddlers.
  Rule 201a. (1) At least 2 staff members, 1 of whom is a  caregiver,   shall 
be present at all times when at least 3 children between the  ages  of  birth 
and 3 years of age are present.
  (2) The ratio of caregivers to children present at all  times   shall    be 
based on the following provisions:
  (a) For infants and young  toddlers,  0-29  months,  there  shall   be    1 
caregiver for 4 children or each fraction of 4, including children  who   are 
related  to the staff and the licensee.
  (b) For older toddlers, 30-35 months,  there  shall  be  1  caregiver   for 
8 children or each fraction of 8, including children who  are   related    to 
the staff and the licensee.
  (c) Children who have  reached  33  months  of  age  may  be  enrolled   in 
a 3-year-old  classroom  with  written    parental    permission.      Ratios 
for 3-year-olds shall apply.
  (3) 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.

  History: 2006 AACS.

Editor's Note: An obvious error in R 400.5201a 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, 2006 MR 11.  The memorandum requesting  the   correction   
was published in Michigan Register, 2006 MR 24. 


R 400.5201b  Group size for infants; young toddlers; older toddlers.
  Rule 201b.  (1) The center shall assure  that  the  maximum   group    size 
for infants and young toddlers is 12.
  (2) The center shall assure that the maximum group size for older  toddlers 
is 16.
  (3) Centers shall have 1 year from the  effective  date  of   these   rules 
to comply with this rule.

  History: 2006 AACS.


R 400.5202   Rescinded.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS.


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).

  History: 2006 AACS; 2008 AACS.


R 400.5203   Rescinded.

  History:  1980 AACS; 1998-2000 AACS.


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 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.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS;
 2008 AACS.


R 400.5204a  Infant sleeping and supervision.
  Rule 204a. (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, when found facedown, shall be placed on  their 
backs.
  (3) When infants can easily  turn  over  from  their   backs    to    their 
stomachs, they shall be initially placed on their backs, but allowed to adopt
 whatever position they prefer for sleep.
  (4) For an infant who cannot rest  or  sleep  on  her  or  his   back   due 
to disability or illness, the caregiver shall  have   written   instructions, 
signed by a physician, detailing an alternative safe  sleep  position  and/or
 other special sleeping arrangements for the  infant.   The  caregiver  shall 
rest/sleep children according to a physician's written instructions.
  (5) The caregiver  shall  maintain  supervision  and   frequently   monitor 
infants' breathing,  sleep  position,  and  bedding  for  possible  signs  of 
distress.
  (6) Resting or sleeping areas shall have adequate soft lighting  to   allow 
the caregiver to assess children.
  (7) Video surveillance equipment and baby monitors shall  not  be  used  in 
place of subrule (5) of this rule.

  History: 2006 AACS.


R 400.5205   Formula; milk; foods generally.
  Rule 205. (1) When infants and toddlers are fed  at   the    center,    the 
center shall assure the following:
  (a) Infants and toddlers are provided with beverages and  food  appropriate 
for their individual nutritional requirements,  developmental   stages,   and 
special dietary needs, including cultural preferences.
  (b) Bottles and individual food  containers  shall  be  labeled    for    a 
specific child and fed only to that child.
  (c) If bottles or food  are  warmed,  then  it  shall  be   done    in    a 
safe, appropriate manner.
  (i) Warming bottles in a microwave oven is prohibited.
  (ii) Warmed bottles and food shall be shaken or  stirred   to    distribute 
the heat, and the temperature tested before feeding.
  (d) Formula shall be iron-fortified for a child who is less than  6  months 
of age, unless otherwise recommended by   the   parent   or    the    child's 
licensed health care provider.
  (e) Iron-fortified cereal, if not already provided by 6  months   of   age, 
shall be provided when the iron-fortified  formula  is  discontinued,  unless 
otherwise recommended by the parent  or  the  child's  licensed  health  care 
provider.
  (f) Solid foods are introduced to the child  according  to   the   parent's 
or licensed health care provider's instructions.
  (g) Caregivers shall feed infants and young toddlers on demand.
  (h) A sink is used exclusively for formula, food preparation, and clean up.
  (2) Infants shall only be  served   formula   or   breast    milk    unless 
written authorization  is  provided  by  the  child's  licensed  health  care 
provider.
  (3) Milk,  other  than  cow's  milk,  shall  be   served    according    to 
nutritional guidelines for the age  of  the  child  and/or   in    compliance 
with  dietary preferences or restrictions when  written   authorization    is 
provided  by  the child's parent or licensed health care provider.
  (4)  Young  toddlers  shall  be   served    whole    homogenized    vitamin 
D-fortified cow's milk, unless  written  authorization  is  provided  by  the 
child's  licensed health care provider.
  (5) The   center   shall   comply   with   the    following    requirements 
regarding bottle-feeding:
  (a) Bottle propping is prohibited.
  (b) Caregivers shall hold infants except when infants resist  being    held 
and are able to hold their bottle.
  (c) Caregivers shall not permit  infants  or  toddlers  to   have   bottles 
in sleeping equipment.
  (d) The contents of a bottle that appears to be unsanitary, or   has   been 
used for feeding for a period that exceeds  1  hour  from  the  beginning  of
 the feeding, or has been  unrefrigerated  for  an  hour  or  more  shall  be 
discarded
  (e) Formula and milk left in a bottle at  the  end  of  a   feeding   shall 
be discarded.
  (f) Bottle supplies and contents shall comply with the following:
  (i) Disposable nipples and bottle liners shall be for single use  only,  by 
an individual child, and discarded after use.
  (ii) Reusable  nipples  and  bottles  shall  be  cleaned,    rinsed,    and 
sterilized before reuse.
  (iii) Bottle liners shall be for single use only, by an  individual  child, 
and discarded with any remaining formula or milk after use.
  (iv) Bottle  liners  in  unused  bottles  containing  formula   shall    be 
discarded, along with the formula, after 48   hours.   Bottle    liners    in 
unused  bottles containing milk shall be  discarded,  along  with  the  milk, 
after 24 hours.
  (v) All liners, nipples, formula, milk and  other   materials    used    in 
bottle preparation shall be prepared, handled, and stored in a  sanitary  and 
sterile manner.
  (g) Cereal shall not be added to a bottle containing formula, milk,  juice, 
or water without written parental permission.
  (h) Medication shall not be added to a  child's  bottle,    beverage,    or 
food unless indicated on the prescription label.
  (6) When serving solid foods, the center shall assure that  caregivers   do 
the following:
  (a) Serve commercially packaged baby food from a dish, not  directly   from 
a factory-sealed container.
  (b) Discard uneaten food that remains on a dish from which a   child    has 
been fed.
  (c) Not serve or allow infants and toddlers to   eat   foods    that    may 
easily cause choking including, but not  limited  to,  popcorn,  uncut  round 
foods  such as whole grapes, hot dogs, seeds, nuts and hard candy.
  (d)  Foster  toddler's  independence   and    facilitate    language    and 
social interactions by doing the following:
  (i) Encouraging self-feeding.
  (ii) Serving appropriate portion sizes.
  (iii) Sitting and eating with toddlers during meal times.

  History:  1980 AACS; 1984 AACS; 2006 AACS.


R 400.5205a  Formula, milk, foods provided by parents.
  R 205a. (1) If a parent has agreed to provide formula, milk,    or    food, 
then the center shall obtain a written agreement  from   the    parent    and 
shall  be responsible for providing adequate formula, milk, or  food  if  the 
parent  does not.
  (2) The center  shall  comply  with  R   400.5205   and    the    following 
additional requirements regarding breastfeeding and the handling and  storage 
of  breast milk:
  (a) The center shall support and accommodate breastfeeding.
  (b) The center shall have a  designated  place  set  aside  to  accommodate 
mothers and their children who are breastfeeding.
  (c) Expressed breast milk shall meet the following requirements:
  (i) Arrive at the center  in  clean,  sanitary,   ready-to-feed   assembled 
bottles labeled with the child's full name and bearing the date of collection.
  (ii) Be immediately stored in the refrigerator or freezer upon  arrival  at 
the center and kept refrigerated until used or discarded.
  (iii) Be thawed under cold running water or in the refrigerator  and  shall 
be used within 24 hours.
  (iv) Be discarded at the end of a feeding.
  (3) If formula, milk or food is provided by   the   parents,    then    the 
center shall comply with R400.5205 and the following additional provisions:
  (a) Formula or milk  shall  be  furnished  daily   to   the    center    in 
clean, sanitary, ready-to-feed bottles.
  (b) Formula, milk, and food shall  be  covered  and  labeled  as   to   the 
contents, date, date of opening, when applicable, and the name of the   child 
for  whom its use is intended.
  (c) Formula, milk and perishable foods shall be refrigerated until used.
  (d) At the  end  of  the  day,  any  formula  or  milk  in   an    unopened 
ready-to-feed bottle, or perishable food, shall be returned to the parent  or 
discarded.

  History: 2006 AACS.


R 400.5205b  Formula, milk provided by center.
  Rule 205b.  (1) If formula or milk is provided  by  the  center,  then  the 
center shall comply with R400.5205 and the following additional provisions:
  (a) Formula and milk shall be commercially prepared, ready-to-feed.
  (b) If formula or milk is poured directly into   a   bottle,    then    the 
bottle shall be clean and labeled as to the contents and date of preparation.
  (c)  Prepared  bottles  and  containers  of  milk  and  formula  shall   be 
refrigerated.
  (d) All formula, once opened, shall be labeled with  the  date   and   time 
of opening and used within 48 hours or discarded.
  (e) All milk shall be used in compliance with R 400.5902c (11) and (12).

  History: 2006 AACS.


R 400.5206  Records.
  Rule 206.  For 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.

  History:  1980 AACS; 2006 AACS; 2008 AACS.


R 400.5207   Rescinded.

  History:  1980 AACS; 2006 AACS.


R 400.5208   Rescinded.

  History:  1980 AACS; 2006 AACS.


R 400.5209   Diapering; toileting.
  Rule 209. (1) Diapering shall occur in a  designated  diapering  area  that 
shall be all of the following:
  (a) Physically separated from food preparation and food service.
  (b) Within  close  proximity  to  a  hand-washing  sink  that    is    used 
exclusively for this purpose.
  (c) Have non-absorbent smooth, easily sanitized surfaces in  good    repair 
and maintained in a safe and sanitary manner.
  (d) Of sturdy construction with railings or barriers to prevent falls.
  (e) At an adult work surface height to minimize children's access.
  (f) Have diapering supplies within easy reach.
  (g)  Have  a  plastic-lined,  tightly   covered   container     exclusively 
for disposable diapers and diapering  supplies  that  shall  be  emptied  and 
sanitized at the end of each day.
  (h) Cleaned and sanitized after each use.
  (2) Only single use disposable wipes or   other   single    use    cleaning 
cloths shall be used to clean a  child  during  the  diapering  or  toileting 
process.
  (3) The caregiver shall frequently  check  diapers/training    pants    and 
change diapers or training pants that are wet or soiled.
  (4) Toddlers in wet diapers or training pants may be changed in a bathroom.
  (5) Diapering shall not be done on any sleep surface.
  (6) The caregiver shall  thoroughly  wash  his  or  her  hands  after  each 
diapering and after cleaning up bodily fluids.
  (7) Guidelines for diapering  and  hand  washing  shall  be    posted    in 
diapering areas.
  (8) Disposable gloves, if used for diapering, shall 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) Diapers shall be disposable or from a commercial  diaper  service.   If 
a child's health condition necessitates that disposable  diapers  or  diapers 
from a commercial service cannot be used, then an   alternative   arrangement 
may  be made according to the child's parent or licensed health care provider.
  (10) The following shall apply when cloth diapers  or  training  pants  are 
used:
  (a) No rinsing of the contents shall occur at the center.
  (b) There shall be a waterproof outer covering that  shall  not  be  reused 
until thoroughly washed and sanitized.
  (11) Toilet learning/training shall  be  planned   cooperatively    between 
the child's  primary  caregiver  and  the  parent  so   that    the    toilet 
routine established is consistent between the center and the child's home.
  (12)   Equipment   used   for   toilet    learning/training    shall     be 
provided.
Adult-sized toilets with safe and easily cleaned modified  toilet  seats  and 
step aids or child-sized toilets shall be used.
  (13) Non-flushing toilets  (potty  chairs)  may   be   used    under    the 
following conditions:
  (a) Easily cleaned and sanitized.
  (b) Used only in a bathroom area.
  (c) Used over a surface that is impervious to moisture.
  (d) Cleaned and sanitized after each use.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5210   Rescinded.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS.
 

                  PART 3.  SCHOOL-AGE


R 400.5301   Definitions.
  Rule   301.   (a)   "Child-related   fields"    means    early    childhood 
education, elementary education, secondary education, physical education  and 
recreation,  child   development,    child     guidance/counseling,     child 
psychology,   family studies and  social  work,  human  services,  and  youth 
development.
  (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  that  meets  or 
exceeds  270  hours of academic training.
  (e) "A Michigan school-age care credential" means a credential  issued   by 
the Michigan community  coordinated  child  care  association   or    similar 
credential approved by the department.
  (f) Degrees and semester  hours  shall  be  from  an   accredited   college 
or university.

  History:  1980 AACS; 2006 AACS.


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.
  (c)  Have  current  certification  in  child,  and  adult   cardiopulmonary 
resuscitation (CPR) and first aid.
  (d) Complete 12 clock hours of annual training on topics  referenced  in  R 
400.5102(3)(b), not including  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.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS; 2006 AACS; 
2008 AACS.


R 400.5303   Program.
  Rule 303. (1)  Activities  shall  be  planned   and    supported    through 
resources that reflect the interests and abilities of the children  enrolled, 
especially supplementing the areas of development not regularly provided  for 
during  the school day.
  (2) A school-age program  shall  provide   a   program   that    has    the 
following opportunities for each child:
  (a) To plan, carry out,  and  evaluate  the  program  and  his    or    her 
individual activities.
  (b) To  experience  a  diversity  of  activities  within  the  program  and 
community.
  (c) To participate in relaxation and recreational activities.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5303a   Ratio of caregivers to school-age children.
  Rule 303a. (1) The ratio of caregivers to school-age children  present   at 
all times shall be based upon all of the following provisions:
  (a) For children school-age up to  12  years  of  age,  there  shall  be  1 
caregiver to 18 children or a fraction thereof, including children  who   are 
related  to the staff and the licensee.
  (b) For children from 13 to 17 years of age, there shall be  1    caregiver 
for 25 children or a fraction thereof, including children who are related  to 
the staff and the licensee.

  History: 2006 AACS.


R 400.5304   Rescinded.

  History:  1980 AACS; 1998-2000 AACS.


R 400.5305   Health records.
  Rule 305. (1)Upon enrollment and  annually  thereafter,  the  center  shall 
obtain and keep on file at the center a signed statement from the  school-age 
child's parent all of the following:
  (a) The child is in good health with activity restrictions noted.
  (b) The child's immunizations are up-to-date.
  (c) The immunization record or appropriate  waiver  is  on  file  with  the 
child's school.

  History: 2006 AACS.


R 400.5306   Multisite school-age program director.
  Rule 306.  (1) A program director with a bachelor's degree  or  higher   in 
a child-related field may oversee up to 3 sites with the following conditions:
  (a) Each program routinely operates 6 hours or fewer per day.
  (b) The program director is available during all hours of program operation.
  (c) The program director  supervises  the  planning  and   evaluation    of 
the program and the staff.
  (2) The program director shall be at each site a minimum  of   1    session 
per week and maintain written documentation of site visits, including   dates 
and times.
  (3) The multisite program director shall meet the training requirements  in 
R 400.5302(2)(d).

  Hisotry: 2006 AACS.


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

  History: 2006 AACS; 2008 AACS.


             PART 4. ADDITIONAL PROVISIONS FOR DROP-IN CENTERS


R 400.5401   Rescinded.

  History:  1980 AACS; 2006 AACS.


R 400.5402   Rescinded.

  History:  1980 AACS; 1984 AACS; 2006 AACS.


R 400.5403   Rescinded.

  History:  1980 AACS; 2006 AACS.


R 400.5404   Rescinded.

  History:  1980 AACS; 2006 AACS.


R 400.5405   Rescinded.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


                            PART 5. SWIMMING


R 400.5501   Definitions.
  Rule 501. (1) 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 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  an  artificial   body    of     water 
used collectively by  a   number   of   individuals   primarily    for    the 
purpose  of swimming, wading, recreation, or instruction and includes related
 equipment, structures, areas, and  enclosures  intended  for  the   use   of 
individuals   using  or  operating  the  swimming  pool  such  as  equipment, 
dressing,  locker,  shower, and toilet rooms.  Public swimming pools  include 
those which are  for  parks, schools, motels, camps,   resorts,   apartments, 
clubs,  hotels,  mobile  home parks, subdivisions, and the like.  A  pool  or 
portable pool  located  on  the same premises with a 1-, 2-, 3-, or  4-family 
dwelling and for the benefit  of the occupants and their  guests,  a  natural 
bathing  area  such  as   a   stream,  lake,  river,  or  man-made  lake,  an 
exhibitor's swimming pool built as a  model at the site of the  seller    and 
in  which  swimming  by  the  public  is  not permitted, or  a  pool  serving 
not more than 4 motel  units  is  not  a  public swimming pool.

  History:  1980 AACS; 2006 AACS.


R 400.5502   Swimming caregiver-to-child ratio.
  Rule 502. (1) The center shall  obtain   and   keep   on    file    written 
parental  permission  regarding  their  child's  participation  in   swimming 
activities.
  (2) A lifeguard shall be on duty at all swimming activities and  shall  not 
be included in the caregiver-to-child ratio.
  (3) For children under 3 years of age, there shall  be   an    in-the-water 
ratio of 1 caregiver to 1 child.
  (4) For all nonswimmers  3  years  of  age  and  older,  there   shall   be 
an in-the-water ratio of 1 caregiver 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 caregiver  to 
1 child.
  (5) For swimmers 3  years  to  4  years  of  age,  there  shall    be    an 
in-the-water ratio of caregivers to children as required by R 400.5105(3).
  (6) For swimmers school-age and older, there shall  be   an    in-the-water 
ratio as required in R 400.5303a.

  History:  1980 AACS; 2006 AACS.


R 400.5502a  Swimming activity supervision.
  Rule 502a (1) All caregiving staff counted  in    the    caregiver-to-child 
ratio shall be both of the following:
  (a) Actively engaged in providing direct care, supervision, and guidance.
  (b) Physically able to assist children quickly.

  History: 2006 AACS.


R 400.5502b  Instructional swim.
  Rule 502b. (1) Instructional swim shall be conducted under the  supervision 
of a qualified water safety instructor (WSI), in an  organization   such   as 
the YMCA or YWCA, and where instructional  swim  is  part  of  the  organized 
program.
  (2) The ratio of caregivers  to  children  under  R  400.5105(3)   and    R 
400.5303a shall be maintained.  The instructor shall not be included  in  the 
ratio.

  History: 2006 AACS.


R 400.5502c  Swimming activity area.
  Rule 502c. (1) All swimming areas shall be maintained in  a    clean    and 
safe condition.
  (2) When a swimming pool is utilized by children while under the  care   of 
a center, it shall be constructed and operated in compliance with   1978   PA 
368, MCL 333.1101 et seq.
  (3) A public or private pool used for swimming  shall  be   inspected   and 
issued a permit for operation by the environmental health authority.
  (4) Before using a public or private beach, the center shall  assure   that 
the water has not been deemed unsafe by the environmental health authority.
  (5) A working telephone shall be accessible on the premises.
  (6) All of the following safety equipment shall be readily accessible:
  (a) First aid kit.
  (b) Rescue pole or throwing rope and ring buoy.
  (c) Signaling device.
  (7) The use of private wading pools and hot tubs is prohibited.

  History: 2006 AACS.


R 400.5503   Rescinded.

  History:  1980 AACS; 2006 AACS.


                   PART 6.  TRANSPORTATION


R 400.5601   Definitions.
  Rule 601. As used in this part:
  (a) "Child passenger restraint  device"  means  a  device  that   is   used 
to restrain a child weighing less than 65 pounds that meets the  requirements 
of federal motor vehicle safety standard no.  213,  child  seating   systems, 
49 C.F.R. §571, revised 10-1-2002, and is hereby adopted by reference. Copies 
of the adopted matter may be obtained at no cost from  the  U.S.   department 
of  transportation  website  (www.nhtsa.dot.gov/cars/rules)   or   from   the 
department of human services, P.O. box 30650, Lansing, Michigan 48909.
  (b) "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.
  (c) "Motor vehicle," means a self-propelled device in which   persons   are 
or may be transported upon a highway, which is built on an   automobile    or 
truck chassis, which is specifically designed  by   the    manufacturer    to 
transport passengers,  or  specially  modified  to   transport    handicapped 
passengers,  and  which  meets  the  safety  equipment  requirements  of  the 
Michigan  vehicle  code, 1949 PA 300, MCL 257.683 to 257.714b.
  (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) "Transportation" means the conveyance of children by   means    of    a 
motor vehicle to or from a child care center and to  and  from   all    other 
activities planned for children by or through the child care center.
  (f) "Volunteer motor vehicle" means a motor vehicle not owned  by,   leased 
by, or registered to the child care center, or principal or employee  of  the 
child care center.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5602   Transportation.
  Rule 602. (1) If transportation other  than  public    transportation    or 
public school transportation is provided, contracted, or sponsored   by   the 
center, all rules in this part apply.
  (2) If public transportation or public school transportation is used,  then 
R 400.5611, 400.5613, and R 400.5615 apply.
  (3) If a parent makes a private arrangement for the transportation  of  his 
or her child, not including arrangements made with the center, the  rules  in 
this part do not apply.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5603   All motor vehicles.
  Rule 603. (1) All motor vehicles shall be in safe operating condition.
  (2) Motor vehicle seats used by children, staff,  and   volunteers    shall 
not face sideways.
  (3) A truck shall not be used to transport children, except in the cab.
  (4) There shall be no loose or heavy objects in the  passenger  compartment 
of any motor vehicle.
  (5) Motor  vehicles  with  a  manufacturers  rated  seating   capacity   of 
10 passengers or fewer,  including  the  driver,   other    than    volunteer 
vehicles, shall be inspected annually by a licensed mechanic.  A copy of  the 
inspection shall be on file in the center.
  (6) The use of passenger vans with a rated seating capacity  of    11    or 
more, including volunteer vehicles, shall be prohibited.
  (a) Existing centers that own passenger vans with a rated seating  capacity 
of 11 or more and use them for transportation other than  transportation   to 
and from school shall have 4 years from the effective date  of    these    to 
comply with this subrule.
  (b) Annual inspections of vans shall continue until they are no longer used.
  (7) A statement verifying that the motor vehicle is in   compliance    with 
the Michigan vehicle code safety equipment requirements shall be kept on file
 in the center.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5604   Multifunction school activity buses.
  Rule  604.  (1)  Multifunction   school   activity    buses    used     for 
transporting children shall comply with all minimum  safety   specifications, 
except  color, identification, and alternating flashing lights, as defined in 
1990  PA  187, MCL 257.1810.
  (2) All multifunction school activity buses shall be inspected annually  by 
a licensed mechanic or by the  department  of  state  police  if   used    to 
transport children to and from school.  A copy of the inspection shall be  on
 file  in the center.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5605   Safety equipment in motor  vehicles  with    a    manufacturer's 
rated seating capacity of 10 or fewer occupants.
  Rule 605. (1) Each  motor  vehicle  with  a  manufacturer's  rated  seating 
capacity of 10 or fewer occupants shall carry the following safety equipment:
  (a) Three bidirectional emergency reflective  triangles   properly    cased 
and securely stored in the motor vehicle.
  (b) A first aid kit shall be securely stored in an accessible  location  in 
the driver compartment.  The first aid kit shall contain, at a  minimum,  all
 of the following:
  (i) Bandage compresses (sterile gauze pads).
  (ii) Adhesive compresses.
  (iii) A 40-inch triangular bandage.
  (iv) A roll of gauze.
  (v) An elastic bandage.
  (c) Antiseptics, burn ointments, and medication shall not be  included   in 
the first aid kit.
  (d) Volunteer motor vehicles  are  exempt  from  subdivision  (a)  of  this 
subrule.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5606   Safety equipment  in  vehicles  with  a   manufacturer's   rated 
seating capacity of more than 10 occupants.
  Rule 606. (1) Each  motor  vehicle  with  a  manufacturer's  rated  seating 
capacity of more than 10 occupants shall carry the following safety equipment:
  (a) Three bidirectional emergency reflective  triangles   properly    cased 
and securely stored in the driver's compartment.
  (b) Not less  than  3   15-minute   fusees   or   an    approved    battery 
operated substitute properly  cased  and  securely  stored  in  the  driver's 
compartment.
  (c)  Fire   extinguisher   of   dry   chemical    type,     approved     by 
underwriters' laboratories, inc., rated not less than 2A-10BC,   mounted   in 
an  accessible place in the  driver  compartment.   The   fire   extinguisher 
shall  be  kept properly filled and in satisfactory  operating  condition  at 
all times.
  (d) A first aid kit shall be securely stored in an accessible  location  in 
the driver compartment.  The first aid kit shall contain, at a  minimum,  all
 of the following:
  (i) Bandage compresses (sterile gauze pads).
  (ii) Adhesive compresses.
  (iii) A 40-inch triangular bandage.
  (iv) A roll of gauze.
  (v) An elastic bandage.
  (e) Antiseptics, burn ointments, and medication shall not be  included   in 
the first aid kit.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5607   Manufacturer's  rated  seating  capacity;   restraint   devices; 
safety belts.
  Rule 607. (1)  Each   child   transported   shall   remain    seated    and 
properly restrained by a passenger restraint device as defined by   1949   PA 
300,  MCL 257.710d(1), MCL 257.710e(3),   (4),   and    the    manufacturer's 
rated  seating capacity while the motor vehicle is in motion.
  (2) Each restraint device shall be properly anchored to the  vehicle   seat 
and used according to the manufacturer's  specifications.   Allowing   2   or 
more children to share a seat belt or restraint device is prohibited.
  (3) 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.
  (4) All safety belts  and  restraint  devices  used   while    transporting 
children and adults shall be in good working condition.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5608   Rescinded.

  History:  1980 AACS; 1984 AACS.


R 400.5609   Rescinded.

  History:  1980 AACS; 1998-2000 AACS.


R 400.5610  Motor vehicle operator.
  Rule 610. (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 1949 PA 300, MCL 257.301.
  (c) Have a personal driving record with not more  than  6   active   points 
as determined by the secretary of state.
  (d) Have proof of valid automobile insurance and registration.
  (e) Be familiar with the contents of the first aid kit.
  (f) Be familiar with the operation  of  the  fire  extinguisher,    if    a 
fire extinguisher is required.
  (2) The following documents shall be on file in the center:
  (a) A copy of each  driver's  driving  record,  except  for   drivers    of 
volunteer motor vehicles, obtained from the secretary of state at least  once 
a year.
  (b) A self-certifying  statement  that  all  volunteer    drivers    comply 
with subrule (1) of this rule.
  (c) A copy of a valid operator license.
  (3) Drivers shall be provided with a copy of the child   information   card 
or comparable facsimile for each  child  being  transported  in  their  motor 
vehicles.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5611   Caregiver-to-child ratio and supervision.
  Rule 611. (1) The ratio of caregivers to children at all times,   who   are 
in transit, shall be based on the following provisions:
  (a) For infants and young toddlers,  there  shall  be  1  caregiver  for  4 
children or each fraction of 4, excluding the driver.
  (b) For older toddlers, there shall be 1 caregiver, excluding  the  driver, 
for 8 children or each fraction of 8.
  (c) For children 3 years of age, there shall be 1   caregiver,    including 
the driver, for 10 children or each fraction of 10.
  (d) For children 4 years of age, there shall be 1   caregiver,    including 
the driver, for 12 children or each fraction of 12.
  (e) For school-age children,  there  shall  be  1   caregiver,    including 
the driver, for 18 children or each fraction of 18.  This  requirement   does 
not apply when school-age children are transported to and from   school    on 
public school transportation or are using public transportation.
  (f) An additional adult is not required if only 1 child under   36   months 
of age is transported.
  (g) Children who are related to the caregiver or licensee shall be  counted 
in these ratios.
  (2) Additional staff members or volunteers shall be all of the following:
  (a) At least 16 years of age.
  (b) Seated with the children.
  (c) Responsible for the supervision of the children.
  (3) When children are  entering  or  leaving  the  motor    vehicle,    the 
following safety precautions shall be taken:
  (a) The accompanying staff member, volunteer, or driver shall  assure  that 
the children are  received  by  a  staff  person,  parent,  or  other  person
 as designated by the parent.
  (b) Children shall enter and leave the  motor  vehicle  from  the  curbside 
unless the vehicle is in a protected parking area or driveway.
  (c) Children shall not be left unattended in a motor vehicle.
  (4) 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:  1980 AACS; 2006 AACS.


R 400.5612   Rescinded.

  History:  1980 AACS; 2006 AACS.


R 400.5613   Time limitation on child transit.
  Rule 613. For children  under  school-age,  transportation   routes   shall 
be planned so that a child is not  in  the  motor  vehicle  longer   than   1 
continuous hour.

  History:  1980 AACS; 2006 AACS.


R 400.5614   Rescinded.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5615   Parent permission for routine transportation.
  Rule 615. Parent's written permission  shall  be  obtained   annually   for 
routine transportation including, but limited to, transportation between  the 
child's home, center, and school.

  History: 2006 AACS.
 

               PART 7. FIELD TRIP TRANSPORTATION PROVISIONS
 

R 400.5701   Rescinded.

  History:  1980 AACS; 2006 AACS.


R 400.5702   Rescinded.

  History:  1980 AACS; 2006 AACS.


R 400.5703   Rescinded.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5704   Rescinded.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5705   Rescinded.

  History:  1980 AACS; 2006 AACS.


R 400.5706   Rescinded.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5707   Rescinded.

  History:  1980 AACS; 1984 AACS.


R 400.5708   Rescinded.

  History:  1980 AACS; 1998-2000 AACS.


R 400.5709   Rescinded.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5710   Rescinded.

  History:  1980 AACS; 2006 AACS.


R 400.5711   Rescinded.

  History:  1980 AACS; 2006 AACS.


R 400.5712   Rescinded.

  History:  1980 AACS; 2006 AACS.

                      PART 8. FIRE SAFETY 


R 400.5801   Definitions.
  Rule 801. As used in this part:
  (a) "Basement" means a story of a building or structure having ½  or   more 
of its clear height below average grade for at least 50% of the perimeter.
  (b) "Combustible" means materials will ignite and burn when  subjected   to 
a fire or excessive heat.
  (c) "Conversion" means to alter the use of an existing building or room  to 
a center.
  (d) "Existing building"  means  a  structure  or  part  of   a    structure 
not currently used as a child care center.
  (e) "Existing licensed center" means a center that was   licensed    before 
the effective date of these rules and whose license continues uninterrupted.
  (f) "Exit" means a way of departure  from  the  interior  of   a   building 
or structure to the open air outside at ground level.
  (g) "Fire alarm" means a device used  to  alert  the  occupants   of    the 
building of fire or smoke conditions. The device  shall  be  audible  in  all 
parts of  the building used as a center.
  (h)  "Fire  alarm   system"   means   an   approved    electrical    closed 
circuit, self-supervised local system for sounding an alarm.  The  system  is 
comprised of a central panel, manual  pull  stations   near    all    outside 
exits,  audible electric  signal  devices,  and  where  warranted,  a  remote 
trouble annunciator.
All system components shall be listed  by  a  nationally  recognized  testing 
laboratory.
  (i) "Fire door assembly" means a  side-hinged,  labeled  fire   door    and 
labeled frame  constructed  and  installed  in  compliance   with    national 
standards  fire protection association pamphlet No. 80, 2003,  "Standard  for 
Fire  Doors  and Windows," with  a  latching  device  and   closing    device 
labeled  or  listed  in compliance with the  listing    and    re-examination 
service  of  an  approved, nationally  recognized  testing  laboratory.   The 
national  fire  protection association pamphlet No. 80 is hereby  adopted  by 
reference.  Copies  of  the adopted matter may be obtained from the  National 
Fire  Protection  Association,  1  Batterymarch  Park,  Quincy  Massachusetts 
02269-9101, at a cost of $23.50, or from the department of labor and economic 
growth, P.O.  Box  30004,  Lansing, Michigan 48909.
  (j) "Fire-resistance rating" means the time for an element in  a   building 
to maintain its particular fire resistance properties  in   accordance   with 
the national fire protection association pamphlet no.  251,  1999,  Standards
 of Tests of Fire Endurance of Building  Construction  and   Materials.   The 
national fire protection association pamphlet No. 251 is hereby  adopted   by 
reference.
Copies of  the  adopted  matter  may  be  obtained  from  the  National  Fire 
Protection  Association,   1   Batterymarch   Park,   Quincy,   Massachusetts 
02269-9101, at a cost of $23.25 or from the department of labor and  economic 
growth, P.O. Box 30004, Lansing, Michigan 48909.
  (k)  "Fire-resistive  construction"  means  a  building    having    walls, 
ceilings, floors, partitions, and  roof  of  combustible  materials  having a 
 minimum fire-resistance rating of 1 hour. This subdivision  shall   not   be 
construed  as prohibiting finished  wood  floors,  doors,  and  windows  with 
assorted frames and trim.
  (l) "Flameproof materials" means materials  that   will    not    propagate 
flame under the  test  conditions   of   the   national    fire    protection 
association pamphlet no. 701, 1999, "Standard Methods Of Fire Tests For Flame 
Propagation Of  Textiles  And  Films."  Flameproof  materials   are   usually 
combustible materials with the addition of some treatment  or   coating    to 
modify  their burning properties. The national fire  protection   association 
pamphlet  no.
701, is hereby adopted by reference. Copies of  the  adopted  matter  may  be 
obtained from the National Fire Protection Association, 1 Batterymarch  Park, 
Quincy, Massachusetts 02269-9101, at a cost of $19.50 or from the  department 
of labor and economic growth, P.O. Box 30004, Lansing, Michigan 48909.
  (m) "Flammable" means materials  capable  of  being    readily    ignitable 
from common sources of heat or at a temperature of  600  degrees  Fahrenheit,
 316 degrees Celsius, or less.
  (n) "Hazard area"  means  those  parts  of  a  center  building  housing  a 
commercial kitchen, heating plant, fire-fueled water  heater,    incinerator, 
or  an  area posing a higher degree of hazard than the general  occupancy  of 
the building.
  (o) "Heating plant room" means a room or area housing fuel fired equipment.
  (p) "Interior finish" means the exposed  interior  surface   materials   of 
walls, fixed or movable partitions,  and  ceilings.  This  includes  drywall, 
masonry, or wood substructure and surfacing  materials  such   as   paneling, 
tile,  or  other interior finish material and  any    surfacing    materials, 
such  as  paint  or wallpaper,  applied  thereto.  Interior  finish  includes 
materials affixed to the building structure as distinguished from decorations 
or furnishings.
  (q) "Means of egress" means a continuous and  unobstructed  way   of   exit 
travel from any point in a building to the outside at grade.
  (r)  "New construction" means a created structure,  addition,  replacement, 
or alteration of structural components, such as walls.
  (s) "Noncombustible" means materials that  will  not  ignite    and    burn 
when subjected to fire.
  (t) "Protected ordinary construction" means all of  the   following   types 
of construction:
  (i)  Roofs  and  floors  and  their  supports    have    minimum     hourly 
fire-resistance ratings.
  (ii) Exterior bearing walls or bearing portions  of  exterior   walls   are 
of noncombustible or limited  combustible  materials   and    have    minimum 
hourly fire-resistance ratings and stability under fire conditions.
  (iii)  Nonbearing  exterior  walls  are  of   noncombustible   or   limited 
combustible materials.
  (iv) Roofs, floors, and interior framing are wholly or partly made of  wood 
of smaller dimension than required for heavy timber construction.
  (u)   "Standard   partition    construction"    means     a     substantial 
smoke-tight assembly consisting of walls, in conjunction  with  ceilings   at 
which  they terminate, that  are  covered  on  both  sides    with    minimum 
standard  lath  and plaster or ½ inch drywall over 2" x 4"  studs.   Doorways 
in  these  walls  are protected with minimum 1 ¾ inch solid core wood  doors, 
or  their  equivalent, and equipped with approved self-closing  devices   and 
have  positive  latching hardware.  One or more glass panes are permitted  in 
these walls and/or  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.
In some cases, drywall or plaster is also necessary to protect the  underside 
of stairs.
  (v)  "Textile  material"  means  having   a   napped,    tufted,    looped, 
woven, non-woven or similar surface.
  (w) "Wired glass" means glass not less than 1/4-inch   thick,    reinforced 
with wire mesh, number 24 gauge or heavier, with spacing not greater  than  1 
square inch.
  (x) "Wood frame construction"  means  that  type   of    construction    in 
which exterior  walls,  bearing  walls  and  partitions,   and   floor   and
 roof constructions and their supports  are   made   of   wood    or    other 
combustible material.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


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) 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) 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 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.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS; 
2008 AACS.


R 400.5810   Construction.
  Rule 810. (1) If child occupancy is limited to the first or   main   floor, 
then the building may be of wood frame construction.
  (2) If child occupancy is on the second floor, then all of  the   following 
are required:
  (a) The building shall be of protected ordinary construction.
  (b) All required stairways and vertical openings  shall  be   enclosed   by 
walls, in conjunction with openings therein, and ceilings at    which    they 
terminate that meet the requirements of standard partition construction.
  (c) All door openings contained in subdivision (b) of  this  subrule  shall 
meet all of the following requirements:
  (i) Be protected with 1 3/4-inch solid core wood doors or their equivalent.
  (ii) Be installed in fully stopped smoke-tight, substantial frames.
  (iii)    Be    equipped    with    approved    self-closing     devices and 
non-locking-against-egress positive latching hardware.
  (3) If child occupancy is above  the  second  floor,  then  both   of   the 
following shall be required:
  (a) The building shall be of 1-hour fire-resistive construction.
  (b) All required stairways and other vertical openings shall be enclosed by 
a minimum 1-hour fire-resistive construction to provide a   protected   means 
of egress to the outside at grade.
  (4) A center licensed before June 4, 1980,  with  child  occupancy  on  the 
second floor or above, shall be permitted to  remain  licensed   under   both 
of  the following conditions:
  (a) There has been no increase in capacity.
  (b) There has been continued compliance  with  all  other  applicable  fire 
safety rules, including the requirements of subrule (2) of this rule relating 
to the protection of stairways, vertical openings, and means of egress.
  (5) If any portion of a basement is used for child occupancy, then  1    of 
the following provisions shall be required:
  (a) Two  enclosed  stairways  of   1-hour    fire-resistant    construction 
shall terminate directly to the outside at grade, and  all  openings  in  the 
stairways shall be protected by "B" labeled fire doors and frame assemblies.
  (b) One approved exit from  the  occupied  room   or   use    area    shall 
discharge directly to the outside at grade.  Travel distance from  any  point
 in  this room or area to this exit shall be less than 50 feet.
  (6) If basement occupancy is limited to not more than 30  children,    then 
the following shall apply:
  (a) One of the exits required  by  subrule  (5)  of   this    rule    shall 
discharge directly to the outside at 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 basement and first floor.
  (c) For new construction and conversions, the separation shall  be  located 
at the first floor with travel distance from the door to an   approved   exit 
not exceeding 100 feet.
  (7) All vertical openings and  stairways  that  are  not   required   shall 
be constructed and arranged with effective fire and smoke  separation   under 
the requirements of standard partition construction.  All door openings shall
 be as follows:
  (a) Protected with 1 ¾ inch solid core wood doors or their equivalent.
  (b) Installed in fully stopped smoke-tight substantial frames.
  (c)     Equipped     with     approved     self-closing        devices  and 
non-locking-against-egress positive latching hardware.
  (8) Nighttime care shall be located on  levels  having  exits  directly  to 
grade.

  History:  1980 AACS; 1984 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5815  Interior finishes.
Rule 815. (1) The classifications of interior finishes for flame  spread  and 
smoke development in table 1 shall be used as follows: 

TABLE 1
FLAME SPREAD AND SMOKE DEVELOPMENT FOR INTERIOR FINISHES
Class 			Flame Spread 		Smoke Developed
A OR I 			0-25 			0-450
B OR II 		26-75 			0-450
C OR III 		76-200 			0-450

  (2) Basic materials in a means of egress and  basement   use    occupancies 
shall be class A or I or B or II.
  (3) Basic materials in all other areas shall be class C or III.
  (4) Interior finish material more hazardous than class  C  or   III   shall 
be prohibited in child use areas.
  (5) If an approved automatic sprinkler system  is  installed,  then   class 
C interior wall and ceiling  finish  materials  shall  be  permitted  in  any 
location where class B is required  and   class   B   interior    wall    and 
ceiling  finish materials shall be permitted in any location where class A is 
required.
  (6) In an existing  licensed  center  or  conversion,   existing   interior 
finishes which do not comply with the classifications in subrule (1) of  this 
rule  may have their  surfaces  protected  with  an  approved  fire-retardant 
coating to meet the classifications  for  interior  finishes.   The  coatings 
shall be applied  to interior finishes that are attached to,  or  furred  out 
not more  than  1  inch from   a   noncombustible   backing    and    applied 
according  to  manufacturer's recommendations.
  (7) Interior finish materials of classes B and C which are  less  than  1/4 
inch in thickness, shall  be  applied  directly  against   a   noncombustible 
backing  or shall be furred out not more than 1 inch unless the tests   under 
which  such material  has  been  classed  were  made  with    the    material 
suspended  from  the noncombustible backing.
  (8) Centers licensed between June 4, 1980 and the   effective    date    of 
these rules 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 shall be permitted as follows:
  (a) On walls or  ceilings   of   rooms   or   areas   protected    by    an 
automatic sprinkler system approved by the department.
  (b) On room partitions that are less than  ¾  of    the    floor-to-ceiling 
height not to exceed 8 feet in height.
  (c) To extend up to 4 feet above the finished  floor   on    ceiling-height 
walls and ceiling-height partitions.
  (d) Centers licensed before the effective date   of   these    rules    may 
retain previously approved installations of textile materials.
  (e) Textile materials shall be permitted  on  walls  and  partitions  where 
tested in accordance with and meeting the standards of NFPA  265,   "Standard 
Methods Of Fire Tests  For  Evaluating  Room  Fire  Growth  Contribution   Of 
Textile Coverings On Full Height Panels And Walls," 2002  edition,  which  is
 hereby adopted by reference. Copies of the adopted matter may  be   obtained 
from  the National  Fire  Protection  Association,   1   Batterymarch   Park,
  Quincy,  Massachusetts  02269-9101,  at  a  cost  of  $32.00  or  from  the 
department of labor and economic growth, P.O. Box  30004,  Lansing,  Michigan 
48909.
  (10) Drapery material may be used for  stage  curtains,   room    dividers, 
and similar uses if the material has been tested and approved  in  accordance 
with the national fire protection association pamphlet No.   701,   "Standard 
Methods of Fire Tests for Flame Propagation of Textiles  and   Films,"   1999 
edition, which is hereby adopted by reference. Copies of the  adopted  matter
 may   be  obtained  from  the  National  Fire  Protection   Association,   1 
Batterymarch  Park, Quincy, Massachusetts 02269-9101, at a cost of $27.00  or 
from the  department of labor and economic growth, P.O. Box  30004,  Lansing, 
Michigan 48909.
  (11) Drapery material applied to surfaces of  a  facility  as  an  interior 
finish shall meet the requirements of subrule (9) of this rule.
  (12) All vinyl and wooden  wall  dividers   shall   meet    the    interior 
finish requirements of subrules (1), (2), and (3) of this rule, as applicable.
  (13) Bulletin boards shall  meet  the  interior  finish   requirements   of 
subrules
  (2) and (3) of this rule.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5820   Exits.
  Rule 820. (1) Except as  referenced  in  R  400.5810(5)  and  (6)(c),  each 
occupied floor shall have not less than 2 approved exits directly   to    the 
outside  at grade, remote from each other,  and  occupied  rooms  within  the 
center shall  be located between means  of  egress,  unless  a  first  floor,
 self-contained, occupied room has an approved exit direct to  the    outside 
at  grade  with  a maximum travel distance of 50 feet from  the  most  remote 
point in the room  to the exit.
  (2) Travel distance to an exit shall be as follows:
  (a) For infants and young toddlers, travel shall be 50 feet or  less   from 
the door of the occupied room to the exit.
  (b) For older toddlers to school-age, travel shall be 100 feet   or    less 
from the door of the occupied room to the exit.
  (c) Buildings  having  complete  automatic   sprinkler    protection    may 
increase their travel distances by 50 feet.
  (d) Those areas approved before the effective date  of  these   rules   are 
exempt from the requirements of this rule.
  (3) For all centers initially licensed after  the   effective    date    of 
these rules, programs for infants and young toddlers shall  be   located   on 
levels having exits directly to grade, or exits properly ramped to grade.
  (4) Exit doors and all doors in the means of egress shall  be   side-hinged 
and equipped  with  knob,  or  lever-type,   non-locking-against-egress    or 
panic-type hardware.
  (5) In rooms occupied by 21 or  more  children,  doors  shall   swing    in 
the direction of egress.
  (6) Means of egress shall  be  maintained  in  an   unobstructed,    easily 
traveled condition at all times that the center is  in  operation.  Means  of 
egress shall not be exposed to inherent hazards of  the  building,  including 
heating  plant, flammable  storage,  commercial  kitchen,  or  other  similar 
conditions.
  (7) In new construction, additions, and conversions, there  shall   be    a 
floor or landing on each side of an exit door.  The floor or  landing   shall 
be  at the same elevation on   each   side   of   the   door    except    for 
variations  in elevation due to differences in finish materials,  which   may 
not  exceed  1/2 inches.  Landings shall have a width not less than the width 
of the  stairway or the width of the door, whichever  is  greater.   Landings 
shall have a length not less than the width of the door.
  (8) For new construction and additions, an exit door shall be   not    less 
than 36 inches in width. Doors to multiple use bathrooms shall  not  be  less 
than 30 inches wide.
  (9) For the conversion of an existing building, exterior exit  doors  shall 
be not less than 36 inches wide.  Other use room doors shall be not less than 
28 inches wide. Single use toilet room doors shall not be less than 24 inches 
in width.  Any remodeled door openings, other than door swing,  shall  comply 
with subrule (8) of these rules.
  (10) Centers licensed before the effective date  of   these    rules    may 
retain previously approved door widths.
  (11) Exterior exits shall be marked or denoted by an approved exit  sign.
All exit signs shall be distinctive in color  and  shall   provide   contrast 
with decorations, interior finish, or other signs. Each exit sign shall  have
 the word "exit" in plain, legible letters not  less  than  6   inches   high 
on  a background of contrasting color with strokes  not  less  than  3/4-inch 
wide.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


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.
  (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.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS;
2008 AACS.


R 400.5830   Rescinded.

  History:  1980 AACS; 1998-2000 AACS.


R 400.5835   Multiple occupancy.
  Rule 835. (1) Multiple occupancy of a building may qualify  for   licensure 
if the entire building does not  present  a  life  safety  hazard.  A  center 
currently  licensed  in  such  a  building  may  continue  as  long  as  such 
occupancies  do  not change in character.
  (2) A building, part of  which  is  used  for  hazardous   operations    or 
for occupancy that is unpredictable, such as taverns, garages, repair  shops, 
and industrial operations, shall not be permitted for center  use.   However,
 an exception may be made for a  vocational  education  center  approved   by 
the department of labor and economic growth.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5840   Fire alarm.
  Rule 840. (1) In any building used as a  center,  if  more  than   1   room 
is occupied by children, then an approved fire alarm shall be  established.
This system may be either electrical or manual.
  (2) In centers of more than 4 child-occupied rooms,  excluding   bathrooms, 
or in centers licensed for more than 60 children, an  approved   fire   alarm 
system shall be installed.
  (3) In new  construction,  conversions,  remodeling,  or    new    licensed 
centers, the trouble signal for  required  fire  alarm  systems   shall    be 
located  in  an area normally occupied by staff.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5841   Smoke detectors; carbon monoxide detectors.
  Rule 841. (1) Newly constructed centers, additions, and  conversions  shall 
be equipped with approved single station smoke detectors covering   all   use 
areas and their means of egress.
  (2) A carbon monoxide detector, bearing a  safety  certification  mark   of 
a recognized testing laboratory such as UL (Underwriters  Laboratories)    or 
ETL (Electrotechnical Laboratory), shall be placed on  all  levels   approved 
for child care.
  (3) Centers shall properly  install  and  maintain   all    detectors    in 
operable condition in accordance with manufacturer's recommendations.

  History: 1998-2000 AACS; 2006 AACS.


R 400.5845   Fire extinguishers.
  Rule  845.  (1)  The   center   shall     install     multipurpose     fire 
extinguishers, having ratings of not less than 2A-10BC in or   adjacent    to 
the  kitchen  or cooking area and in or adjacent to the door of, the  heating 
plant room.
  (2) The requirement of having additional  multipurpose  fire  extinguishers 
with ratings of not less than 2A-10BC shall  be  determined  by   the    fire 
inspecting authority and shall be based on the capacity  of  the  center  and
 on  other conditions in the facility.
  (3)  Fire  extinguishers  shall  be  properly  mounted,   inspected,    and 
maintained in accordance with pamphlet no.  10   entitled    "Standard    for 
Portable  Fire Extinguishers," 2002, which may be obtained at  the   National 
Fire  Protection Association, Batterymarch Park, Quincy, Massachusetts  02269
 at  a  cost  of $33.50 or from the department of labor and economic  growth, 
P.O.  Box  30004, Lansing, Michigan 48909.  The fire extinguisher shall  bear 
a  tag  indicating the last date of inspection or service and  the   initials 
of  the  person  who performed the inspection or service.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5850   Electrical service.
  Rule 850. (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 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 care space  located  within  6 
feet of a sink or other water source shall be protected by   a   ground-fault 
circuit interrupter (GFCI).

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5855   Rescinded.

  History:  1980 AACS; 1998-2000 AACS.


R 400.5856   Open flame devices; candles.
  Rule 856. All open-flame devices and candles shall be  prohibited,   except 
for religious celebrations.

  History: 1998-2000 AACS; 2006 AACS.


R 400.5860   Rescinded.

  History:  1980 AACS; 1998-2000 AACS.


R 400.5865   Occurrence of fire; report.
  Rule 865. If a fire occurs  in  a  center  that  requires  the    use    of 
fire suppression equipment or results in loss of  life  or  property,  it  is
 the responsibility of the center to notify  the  local  fire  authority  and
 the department of  all  details  of  the  fire.  This   notification   shall 
occur immediately after the occurrence of the fire.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5870   Fire safety; exemptions for public and nonpublic school buildings
  Rule 870. The rules with respect to fire prevention and fire  safety  shall 
not apply to a  child  care  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 by  a  person  or 
entity with whom a school contracts for services, if the child  care   center 
is  located  in  a school building that is approved by the state fire marshal 
or  other  similar authority.

  History: 1998-2000 AACS; 2006 AACS.


                   PART 9. ENVIRONMENTAL HEALTH


R 400.5900a  Definitions.
  Rule 900a. As used in this part:
  (a) "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.
  (b) "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.
  (c) "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 child care center.
  (d) "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.
  (e) "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.
  (f) "Food processing establishment" means  a  commercial  establishment  in 
which food is manufactured or packaged for human  consumption.    The    term 
does  not include a food  service  establishment,  retail  food   store,   or 
commissary operation.
  (g) "Hermetically sealed  container"  means  a  container   designed    and 
intended to be secure  against  the  entry   of   microorganisms    and    to 
maintain  the commercial sterility of its content after processing.
  (h) "Packaged" means bottled, canned, cartoned, or securely wrapped.
  (i) "Potentially hazardous food" means any food that consists in  whole  or 
in part of milk or milk products, eggs, meat,  poultry,   fish,    shellfish, 
edible crustacean, or other ingredients, including synthetic ingredients,  in 
a  form capable of supporting rapid and progressive growth of  infectious  or 
toxigenic microorganisms.
  (j) "Sanitization" means effective bactericidal treatment by   a    process 
that provides enough accumulative heat or concentration of   chemicals    for 
enough time to reduce the bacterial count, including pathogens, to   a   safe 
level  on utensils and equipment.
  (k) "Sealed" means free of cracks or other openings that permit  the  entry 
or passage of moisture.
  (l) "Single-service articles" means those food service  articles   intended 
for 1-time, 1-person use and then discarded.
  (m) "Tableware" means multiuse eating and drinking utensils.
  (n)   "Utensil"   means   any   implement    used    in    the     storage, 
preparation, transportation, or service of food.

  History: 2006 AACS.


R 400.5901  Plan review; approval.
Rule  901.   The  center  shall  comply  with  all  local  health   authority 
requirements  regarding  plans  and   specifications   and   submit   written 
confirmation to the department that this has occurred.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5902   Food preparation areas.
  Rule 902  (1) Food contact  surfaces  are   to   be    smooth,    nontoxic, 
easily cleanable, durable, corrosion resistant, and nonabsorbent.
  (2) Carpeting is prohibited.
  (3) Mechanical  ventilation  to  the  outside   is   required    for    all 
commercial cooking equipment, which includes  but   is   not    limited    to 
stoves,  ranges, ovens, griddles, and fryers.
  (4) If residential hood ventilation is used, then cooking  equipment  shall 
be limited to a stove/oven combination.
  (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 shall be prohibited from food preparation and eating areas.

  History: 1998-2000 AACS; 2006 AACS.


R 400.5902a  Food and equipment storage.
  Rule  902a.  (1)  Each  refrigerator  shall  have  an   accurate    working 
thermometer indicating a temperature 41° Fahrenheit or below.
  (2) All artificial  lighting  fixtures  located  over,  by,    or    within 
food storage, preparation, service areas, or  where  utensils  and  equipment
 are cleaned and stored, shall be properly shielded.
  (3) Unpackaged bulk foods shall be  stored  in  clean  covered  containers, 
dated, and labeled as to the contents.
  (4) Food not subject to further washing or cooking before   serving   shall 
be stored in a way  that  protects  it  from  cross-contamination  from  food 
requiring washing or cooking.
  (5) Packaged food shall not be stored in contact with  water  or  undrained 
ice.
  (6) Poisonous or toxic materials shall not  be  stored  with   food,   food 
service equipment, utensils, or single-service articles.
  (7) Food, food service equipment, and utensils shall   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 shall be stored a minimum of 6 inches above the floor.
  (10) All food service equipment shall be 6 inches off the floor,  moveable, 
or be properly sealed to the floor.
  (11) Meals that are transported shall be prepared in  commercial   kitchens 
and delivered in carriers approved by the environmental health authority.

  History: 2006 AACS.


R 400.5902b  Food supplies.
  Rule 902b. (1) Food shall be in sound  condition,  free   from    spoilage, 
filth, or other contamination and be safe for human consumption.
  (2) Home canned products are prohibited.
  (3) All fluid milk and fluid milk products shall be pasteurized  and   meet 
the grade "A" quality standards.

  History: 2006 AACS.


R 400.5902c  Food preparation.
  Rule 902c. (1) The hands of children and  staff   shall    be    thoroughly 
washed before handling food and before eating.
  (2) Guidelines for hand washing shall be posted in food  preparation  areas 
and toilet rooms.
  (3) Food shall be prepared with the  least   possible    manual    contact, 
using suitable utensils, and surfaces that  have  been  washed,  rinsed,  and 
sanitized.
Serving utensils shall be used by staff or provided  to  children  who  serve 
themselves.
  (4) Raw fruits and vegetables shall be  thoroughly  washed   before   being 
cooked or served.
  (5) Food shall be  cooked  to  heat  all  parts  of  the  food    to    the 
safe temperature as identified in the 1999 recommendations of the  food   and 
drug administration  of  the  United  States  public  health  service  3-401,
  as referenced in the Michigan food  code,  2000  PA  92,  MCL  289.1107.
These  recommendations  are  available  on  the  web  at   no     cost     at 
http://www.fda.gov, and are  available  for  inspection  at   the    Michigan 
department  of  human services, P.O. Box 30650, Lansing, Michigan 48909.
  (6) Potentially hazardous foods  shall  be  thawed   using   1    of    the 
following methods:
  (a) In  the  refrigerator  at  a  temperature  not  to  exceed  41  degrees 
Fahrenheit.
  (b) Under cold running water.
  (c) In a microwave oven for either of the following:
  (i)  The  food  will   be   immediately   transferred    to    conventional 
cooking facilities as part of a continuous cooking process.
  (ii) The entire cooking process takes place in the microwave oven.
  (d) As part of the conventional cooking process.
  (7) The temperature of  potentially   hazardous   foods   shall    be    41 
degrees Fahrenheit or below or 140 degrees Fahrenheit or above at all  times,
 except during necessary periods of preparation.
  (8)  Potentially  hazardous  foods  that  have  been   cooked   and    then 
refrigerated shall be reheated rapidly  to  165   degrees    Fahrenheit    or 
higher  throughout before being served or before being placed in a  hot  food 
storage facility.
  (9) Accurate metal stem-type food thermometers shall be used   to    assure 
the  attainment  and  maintenance  of  proper  internal   cooking,   holding, 
reheating, or refrigeration temperatures of all potentially hazardous foods.
  (10) Food, already served and handled by the consumer of the food, may  not 
be served again, unless food is in a wrapper such as single service crackers.
  (11) Milk shall be served from any of the following:
  (a)  A  commercially  filled  container  stored    in    a     mechanically 
refrigerated bulk milk dispenser.
  (b) A commercially filled container not to exceed 1 gallon.
  (c) A sanitized  container  only  if  poured  directly  from  the  original 
container.
  (12) All of the following shall apply to milk:
  (a) Containers shall be labeled with the date and time opened.
  (b) Milk shall be served within 7 days of opening.
  (c) Milk shall not be served if the contents appear to  be  unsanitary,  or 
have been unrefrigerated for a period exceeding 1 hour.
  (d) Milk shall not be combined with the  contents  of    other    partially 
filled containers.
  (13) Contents  remaining  in  single-service  containers  of   milk   shall 
be discarded at the end of the snack or meal time.
  (14) On field trips, all foods shall be protected from  contamination    at 
all times.
  (a) The temperature of potentially hazardous foods shall be  maintained  at 
41 degrees  Fahrenheit  or  below,  except  during  necessary   periods    of 
preparation and service.
  (b) Potentially hazardous foods needing to  be  cooked  shall   be   cooked 
to proper temperatures before being served.
  (c) Food service equipment shall be maintained  in  a  clean  and  sanitary 
manner at all times.
  (d) In the absence of proper hand washing facilities,   people    preparing 
and serving food shall wear sanitary disposable food service gloves.

  History: 2006 AACS.


R 400.5902d  Sanitization.
  Rule 902d. (1) All tableware,  utensils,  food  contact    surfaces,    and 
food service equipment shall be thoroughly washed,  rinsed,   and   sanitized 
after each use.
  (2) Enamelware utensils are prohibited.
  (3) Reuse of single service articles is prohibited.
  (4) Centers using multiuse tableware  and  utensils  shall  use   one    of 
the following methods:
  (a) A commercial dishwasher.
  (b) A domestic dishwasher with sanitizing capability.
  (c) A 3-compartment sink and adequate drain boards.
  (d) A 2-compartment sink  for  washing   and   rinsing   with    a    third 
container suitable for complete submersion for sanitizing, and adequate drain 
boards.
  (5) Centers using the manual washing method shall do all of the following:
  (a) Rinse and scrape all utensils and tableware before washing.
  (b) Thoroughly wash in detergent and water.
  (c) Rinse in clear water.
  (d) Sanitize using 1 of the following methods:
  (i) Immersion for at least 30 seconds in clean, hot water  of   at    least 
170 degrees Fahrenheit.
  (ii) Immersion for at least 1 minute in a solution containing  between   50 
and 100 parts per million  of  chlorine  or  comparable   sanitizing    agent 
at  a temperature of at least 75 degrees Fahrenheit.  A test kit   or   other 
device which measures parts per million concentration of the  solution  shall 
be  used when a chemical is used for sanitizing.
  (e) Air dry.
  (6) Moist cloths, used for wiping counter   and   tabletops,    shall    be 
clean, rinsed  frequently  in  an  approved  sanitizing   solution,    stored 
in   the sanitizing solution between uses, and not used for other purposes.
  (7) Sponges shall not be used in a food service operation.

  History: 2006 AACS.


R 400.5903   Poisonous or toxic materials.
  Rule 903.  Containers of poisonous or  toxic  materials  shall  be  clearly 
labeled for easy identification of  contents  and  stored  out  of  reach  of 
children.

  History: 1998-2000 AACS.


R 400.5905   Premises.
  Rule 905. (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  shall   meet    the 
following requirements:
  (a) If elevated, shall have  barriers  to  prevent  falls   and   handrails 
designed and constructed for use by children.
  (b) Shall be maintained in a safe condition relative to  the   accumulation 
of water, ice, or snow, and shall have nonslip surfacing.
  (c) Landings shall be located outside exit doors where steps   or    stairs 
are necessary and shall be at least as wide as the swing of the door.
  (d) Stairway steps shall be not more than 8  inches  in  height,   with   a 
minimum tread depth of 9 inches.
  (e) If ramps are used, then they shall have a minimum rise-to-run ratio  of 
1 to 12.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5910   Heating; temperature.
  Rule 910. (1) The temperature in child use areas shall  be  maintained   at 
a safe  and  comfortable   level   so   that   children   do    not    become 
overheated, chilled, or cold.
  (2) The indoor temperature shall be at least 65  degrees   Fahrenheit    in 
child use areas at a point 2 feet above the floor.
  (3) If temperatures exceed 82 degrees  Fahrenheit,  then   measures   shall 
be taken to cool the children.

  History:  1980 AACS; 1984 AACS; 2006 AACS.


R 400.5915   Light, ventilation, and screening.
  Rule 915. (1) The total  ventilation  area  in  every  habitable  room,  as 
provided by openable windows, shall be not less than 4½  percent    of    the 
floor  area, unless central air conditioning is provided.
  (2) If ventilation is dependent on a mechanical  system,  then  the  system 
shall be on at all times while the building is occupied  and   shall   comply 
with  the ventilation requirements of the applicable mechanical code of   the 
authority having jurisdiction.
  (3) Artificial light or  natural  light,  or  both,  shall  be  capable  of 
providing a minimum illumination of 20 foot candles over the entire room at a 
height of 3 feet from the floor.
  (4) Windows used for ventilation shall be supplied with  screening  of  not 
less than 16 mesh, which shall be kept in good repair. This subrule does  not 
apply to child care programs operating in school buildings.
  (5) Propping doors open for ventilation is prohibited.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5920   Water supply; plumbing.
  Rule 920. (1) The water system shall comply  with  the   requirements    of 
the local health authority.
  (2) Plumbing shall be designed, constructed,  installed,   and   maintained 
to prevent cross-connection with the water system.
  (3) Sinks, lavatories, drinking fountains, and other water  outlets   shall 
be supplied with safe water,  sufficient  in  quantity  and   pressure,    to 
meet conditions of peak demand.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5925   Toilets; handwashing sinks.
  Rule 925. (1) The center shall have 1 toilet and  1  handwashing  sink  for 
every 15 children  or   fraction   thereof.   A   center    operating    with 
children  in attendance less than 5 continuous hours a day shall  provide  at 
least 1 toilet and 1 handwashing sink  for  every  20  children  or  fraction 
thereof  beyond  the first 20.
  (2) After the effective  date  of  these  rules,  any  center    that    is 
new, relocates, adds  an  infant/toddler  component,   or    increases    the 
licensed infant/toddler capacity, shall  have  a  diapering  area   with    a 
designated handwashing sink.
  (3) Handwashing  sinks  shall  be  accessible  to  children   by   platform 
or installed at children's level.
  (4) Handwashing sinks shall have warm running  water  and   be   accessible 
to children. Both of the following apply:
  (a) Water temperature shall not exceed 120 degrees Fahrenheit.
  (b) Soap and single service towels  or   other   approved    hand    drying 
devices shall be provided.
  (5) Toilet rooms for school-age children shall provide for privacy.
  (6) All newly constructed or remodeled facilities  shall  include  separate 
hand washing sinks in the kitchen and diapering areas.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5930   Sewage disposal.
  Rule 930. (1) Sewage and other water-carried  wastes  shall   be   disposed 
of through a municipal or private sewer system.
  (2) Private sewer/septic systems shall be  designed   and    operated    to 
safely dispose of all wastewater generated,  shall  be  adequate   in    size 
for  the projected use and meet the  criteria  of  the  environmental  health 
department.

  History:  1980 AACS; 1984 AACS; 2006 AACS.


R 400.5935   Garbage and refuse.
  Rule 935. (1) The center shall store garbage in    watertight    containers 
with tight-fitting covers.  If a dumpster is  used,  then  garbage  shall  be 
placed in sealed plastic bags.
  (2) The center shall provide a garbage can with a waterproof   liner,    or 
the garbage can shall be thoroughly cleaned after each emptying.
  (3) The center shall have garbage and refuse removed  at  intervals  of  at 
least once a week.

  History:  1980 AACS; 1998-2000 AACS; 2006 AACS.


R 400.5940   Maintenance of premises.
  Rule 940. (1) The  premises  shall  be  maintained  in  a  clean  and  safe 
condition.
  (2) The premises shall be maintained so as  to  eliminate    and    prevent 
rodent and insect harborage.
  (3)  Roofs,  exterior  walls,  doors,  skylights,  and   windows   shall be 
weathertight and watertight and shall be kept in  sound  condition   and good 
repair.
  (4) Floors, interior walls, and ceilings shall be sound, in  good   repair, 
and maintained in a clean condition.
  (5) All plumbing fixtures  and   water   and   waste   pipes    shall    be 
properly installed and maintained in  good  working  condition.   Each  water 
heater  shall be equipped with a thermostatic temperature control    and    a 
pressure  relief valve, both of which shall be in good working condition.
  (6) All toilet room floor surfaces shall be constructed and  maintained  so 
as to be impervious to water and to permit the floor to  be  easily  kept  in
 a clean condition.
  (7) Light  fixtures,  vent  covers,   wall-mounted   fans    and    similar 
equipment attached to walls and ceilings shall  be  easily   cleanable    and 
maintained  in good repair.
  (8) Child care centers licensed after  the  effective   date    of    these 
rules located in structures built  before  1978  shall  have  a  lead  hazard
 risk assessment performed by a certified lead risk  assessor.    Any    lead 
hazards identified shall be addressed as noted in the  lead    hazard    risk 
assessment report.  The results of the assessment shall be kept  on  file  in 
the center.
  (9) As required by 1994 PA 451, MCL 324.8316, the center   shall    develop 
and  implement  an  integrated  pest  management  program   when    pesticide 
applications occur in the building.  The integrated pest  management  program 
shall include, but not be limited to, the following:
  (a) An annual notification  shall  be  provided  by  centers   to   parents 
or guardians informing them that  they  will  receive  advance   notice    of 
pesticide applications.
  (b) The annual notification to parents  or  guardians  shall   specify    2 
methods by which the advance notice of pesticide application will be given.
  (c)   An   advance   notice   shall   contain   information    about    the 
pesticide, including the target pest or  purpose,    approximate    location, 
date  of  the application, contact information at the center, and a toll-free 
number for  a national  pesticide  information  center  recognized   by   the 
Michigan  department of agriculture.
  (d) Liquid spray or aerosol insecticide applications may not  be  performed 
in a room of a child care center unless the  room  will  be   unoccupied   by 
children for not less than 4 hours or longer if required by  the    pesticide 
label  use directions.

  History:  1980 AACS; 2006 AACS.