13A.16.01.01

.01 Scope.

A. Applicability of Subtitle. Except as specified at §B of this regulation, this subtitle governs nonparental care of children for part of a 24-hour day not in the child's own home, in a group setting such as a child care center, preschool, child development center, nursery school, before-school and after-school program, school age child care, or early learning center, by whatever name known, under private nonprofit, proprietary, public, and religious auspices.

B. Exemptions. This subtitle does not apply to:

(1) A family child care home registered under COMAR 13A.15;

(2) A facility that offers or provides a residential placement for a child under Family Law Article, Title 5, Subtitle 5, or Health-General Article, Title 6 or 10, Annotated Code of Maryland;

(3) A youth camp, as defined by Health-General Article, §14-401(o), Annotated Code of Maryland;

(4) A child care service operated by the federal government or on federal property;

(5) A public school during the hours in which an instructional program is offered;

(6) A nonpublic kindergarten for children at least 5 years old during the hours in which an instructional program is offered;

(7) A nonpublic elementary school during the hours in which an instructional program is offered;

(8) Child care services provided in connection with a shelter housing individuals temporarily without residences, exclusively for the children of those individuals;

(9) The physical plant, including sanitary facilities, of a child care center exclusively for school age children, located in a currently operating public or nonpublic school building, if the application of the regulation would require modification of the physical plant;

(10) Programs that operate for 6 weeks or less in any calendar year; or

(11) The instructional program, curriculum, and teacher, principal, and administrator qualifications of a:

(a) Nursery school operated by a tax-exempt religious organization which does not have a certificate of approval from the State Board of Education; or

(b) Child care program operated by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school.