Michigan Administrative Code

R 400.1908 Rule Variance. Rule 8. (1) On written request of an applicant or licensee, the department may grant a variance from a rule if the alternative proposed provides clear and convincing evidence that the health, welfare, and safety of children is protected. (2) The decision…

R 125.1908 Construction plans; contents. Rule 908. (1) A complete set of community construction plans shall include specifications and working drawings. The documents shall show the design, location, dimensions, materials, quality of materials, and workmanship standards necessary…

R 125.1909 Construction plans; identifying home sites and optional improvements. Rule 909. Individual home sites and optional improvements shall be identified as follows: (a) Each home site within a community shall be numbered consecutively starting with the number 1. If a commun…

R 436.1909 Violation hearing. Rule 9. (1) A hearing commissioner or duly authorized agent designated by the chairperson shall conduct the violation hearing on the complaint. Findings of fact, conclusions of law, and an order shall be mailed to the licensee and the licensee's atto…

R 400.1909 Indoor space; play equipment and materials. Rule 9. (1) A child care home shall provide not less than 35 square feet per child of safe, usable, accessible indoor floor space, not including bathrooms and storage areas. (2) Only space that has received prior approval for…

R 400.1910 Bedding and sleeping equipment. Rule 10. (1) All bedding and sleeping equipment must be in accordance with CPSC standards as approved for the age of the child using the equipment and be clean, comfortable, safe, and in good repair. The standards are available at http:/…

R 336.1910 Air-cleaning devices. Rule 910. An air-cleaning device shall be installed, maintained, and operated in a satisfactory manner and in accordance with these rules and existing law. History: 1980 AACS. Page 7 Courtesy of Michigan Administrative Rules

R 436.1910 Violation rehearing. Rule 10. (1) After a violation hearing, a licensee who alleges new evidence may request a rehearing before the hearing commissioner or duly authorized agent Page 3 Courtesy of www.michigan.gov/orr who issued the original order. A request for a rehe…

R 29.1910 Rescission. Rule 10. R 29.301 to R 29.321 of the Michigan Administrative Code are rescinded. History: 1998-2000 AACS. PART 2. SCHOOLS

R 436.1911 Costs. Rule 11. If the hearing commissioner renders a decision that a violation occurred, then the hearing commissioner or duly authorized agent may assess actual costs of the proceeding against the licensee. History: 1979 AC; 2004 AACS.

R 400.1911 Telephone. Rule 11. (1) Personnel and volunteers shall have immediate access to an operable telephone within the child care home at all times. (2) The telephone number must be made available to the department, personnel, volunteers, and parents. (3) The licensee shall …

R 336.1911 Malfunction abatement plans. Rule 911. (1) Upon request of the department, a person responsible for the operation of a source of an air contaminant shall prepare a malfunction abatement plan to prevent, detect, and correct malfunctions or equipment failures resulting i…

R 325.1911 License applications; authorized representatives; notices. Rule 11. (1) An application for a license for a home shall be made on forms authorized and provided by the director and shall be completed in full. (2) An application for a license for a home shall be made and …

R 325.1912 Licenses and permits; issuance. Rule 12. (1) Upon determination that the home complies with the act and these rules, the department shall issue a license. (2) The department may issue a nonrenewable temporary permit for not more than 6 months in accordance with MCL 333…

R 125.1912 Filing changes in plans with department; notice of approval or disapproval. Rule 912. A developer shall file 2 copies of bulletins, addendums, or shop drawings depicting changes with the department for approval before any physical changes are made. The department shall…

R 400.1912 Outdoor play area and equipment. Rule 12. (1) A child care home shall provide a clean, safe, and hazard free outdoor play area on the premises or within a reasonable walking distance of the child care home. (2) The play area size must be either of the following: (a) No…

R 400.1913 Child care home maintenance and safety. Rule 13. (1) The structure, premises, and furnishings of a child care home must be in good repair and maintained in a clean, safe, and comfortable condition. (2) All dangerous and hazardous materials or items must be stored secur…

R 436.1913 Personal appearance of licensee. Rule 13. (1) At least 1 of the following entities shall personally appear at a violation hearing, as applicable: (a) The individual licensee. (b) A co-licensee. (c) A partner of a partnership licensee. (d) An officer of a corporate lice…

R 325.1914 Administrative actions. Rule 14. (1) Orders and notices of intended action regarding licensure that are issued by the department against a home or applicant shall be in writing, and shall include all of the following: (a) The nature of the action or intended action by …

R 400.1914 Water supply; sewage disposal; water temperature. Rule 14. (1) The water supply must be from a municipal water supply or an onsite well approved by the local health department. (2) All sewage must be disposed of through a public system or, in the absence thereof, in a …

R 325.1915 Hearing procedures. Rule 15. (1) This rule applies to hearings that are required by MCL 333.20162, 333.20165, 333.20166, and 333.20168. (2) Unless otherwise provided by the act, the procedures for hearing shall comply with sections 71 to 92 of 1969 PA 306, MCL 24.271 t…

R 436.1915 Failure to personally appear at violation hearings. Rule 15. (1) If a proper appearance by a licensee is not made at a scheduled violation hearing in accordance with R 436.1913, then the presiding hearing commissioner or duly authorized agent may do any of the followin…

R 400.1915 Heating; ventilation; lighting; radon. Rule 15. (1) Each room that is used by children in care must have adequate ventilation and be maintained at a safe and comfortable temperature so children do not become overheated, chilled, or cold. Both of the following apply: (a…

R 400.1916 Firearms. Rule 16. (1) All firearms must be unloaded and properly stored in a secure, safe, locked environment inaccessible to children during hours of operation or while children are in care at a child care home. A secure and locked environment means a locked commerci…

R 125.1916 Facilitating review of application for plans approval and permit to construct. Rule 916. To facilitate the review of the application for plans approval and permit to construct, the department may require the developer to submit engineering reports, site reports, topogr…

R 125.1917 Construction reports, tests, and other data; availability to department. Rule 917. All reports, tests, or other data used to determine construction suitability or structural stability shall be available to the department or its authorized representative upon request. P…

R 325.1917 Compliance with other laws, codes, and ordinances. Rule 17. (1) A home shall comply with all applicable laws and shall furnish such evidence as the director shall require to show compliance with all local laws, codes, and ordinances. Page 7 (2) A home shall comply with…

R 436.1917 Violation appeal hearings; appeal board. Rule 17. (1) A licensee aggrieved by an order of a hearing commissioner or duly authorized agent as a result of a complaint may request a violation appeal hearing which may be granted at the discretion of the appeal board. (2) T…

R 400.1917 Animals and pets. Rule 17. (1) A licensee shall notify parents of any animals and pets in the child care home. (2) Animals and pets that are potentially aggressive or in poor health shall be separated from children in care at all times. (3) Children having contact with…

R 400.1918 Smoking or vaping. Rule 18. (1) Smoking and vaping must not occur in any of the following situations: (a) On the premises of the child care home during hours of operation. (b) On field trips with children in care. (c) In vehicles when children in care are present. (2) …

R 325.1918 Complaint filed with department; procedure. Rule 18. (1) When a complainant files a complaint with the department pursuant to section 20176 of the act, MCL 333.20176, it must be filed within 12 months after the alleged violation. If the complaint is not filed within 12…

R 125.1918 Field inspections. Rule 918. The department shall make field inspections necessary for an accurate evaluation and review of the community before, during, or after construction to ensure compliance with these rules and the approved plans. History: 1979 AC; 1998 AACS; 20…

R 436.1919 Appeal notice. Rule 19. If a request for a violation appeal hearing is granted, the appeal board shall notify the licensee, or the licensee's attorney of record, of the appeal hearing not less than 10 days prior to the date of the appeal hearing. History: 1979 AC.

R 400.1919 Comprehensive background check; fingerprinting. Rule 19. (1) Pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q, before an individual having any unsupervised contact with children, the department shall determine the individual's eligibility to be any …

R 400.1920 Child care staff member; employment requirements. Rule 20. (1) An individual who is employed as a child care staff member in a child care home shall be 16 years of age or older, pursuant to section 1 of the act, MCL 722.111. (2) Before contact with children, the indivi…

R 125.1920 Internal roads; general requirements; local conditions. Rule 920. (1) Internal roads shall be approved by the department when they are in compliance with all of the following general requirements: (a) Internal roads shall be constructed in compliance with R 125.1922(1)…

R 325.1921 Governing bodies, administrators, and supervisors. Rule 21. (1) The owner, operator, and governing body of a home shall do all of the following: (a) Assume full legal responsibility for the overall conduct and oporation of the home. (b) Assure that the home maintains a…

R 436.1921 Violation appeal hearings; burden of proceeding. Rule 21. (1) Violation appeal hearings which are granted by the appeal board shall be limited to the official record of the original hearing. (2) In violation appeal hearings, the licensee has the burden of proceeding wi…

R 29.1921 Life safety code; adoption by reference of standards for new schools. Rule 21. The provisions of chapters 1 to 12, 14, and 43 of the code that apply to new educational occupancies are adopted by reference in R 29.1902 except as amended by these rules. History: 1998-2000…

R 400.1921 Child care assistant; requirements. Rule 21. (1) A child care assistant shall be 14 to 15 years of age. (2) Before contact with children, the individual shall be determined by the department to be eligible to serve as a child care assistant, as required by R 400.1903(1…

R 400.1922 MiRegistry. Rule 22. (1) Within 30 calendar days after employment, all staff shall have an individual MiRegistry account and have a non-expired MiRegistry membership status that would include materials submitted, received, awaiting print, or current. (2) Within 30 cale…

R 325.1922 Admission and retention of residents. Rule 22. (1) A home shall have a written resident admission contract, program statement, admission and discharge policy, and a resident's service plan for each resident. (2) The admission policy must specify all of the following: (…

R 125.1922 Internal roads; construction materials. Rule 922. (1) An internal road shall be constructed of concrete, bituminous asphalt, or, where permitted by local regulations, compacted road gravel in compliance with the guide for design of pavement structures, as published by …

R 29.1922 Amendments. Rule 22. Sections 14.1.2.2, 14.1.6, 14.2.6.2, 14.2.6.3, 14.2.11.1.1, 14.2.11.2, 14.3.2.1, 14.3.4.1.2, 14.3.4.2.1, and 14.7.2.1 of the code are amended, sections 14.1.2.1.1, 14.1.2.2.1, 14.2.11.1.3, 14.3.2.5.1, 14.3.4.4, 14.3.4.5, 14.7.4.2.1, and 14.7.4.4 are…

R 400.1923 Child care home new hire training. Rule 23. (1) All staff shall participate in the child care home's new hire training within 90 days after being present at the child care home and before caring for children unsupervised. (2) The child care home's new hire training mus…

R 125.1923 Internal roads; curbing. Rule 923. A developer may install curbing on all internal roads. If curbing is used, it shall be constructed of concrete or asphalt. History: 1979 AC; 1991 AACS; 1998 AACS.

R 436.1923 Violation appeal hearing decision. Rule 23. (1) The decision of the appeal board on a violation appeal hearing shall be mailed to the licensee and the licensee's attorney of record within 30 days after the hearing, except upon written order of the commission extending …