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<section article="ged" article_name="Education" number="9.5-405" title_number="9.5" title_name="Division of Early Childhood Development" subtitle_number="4" subtitle_name="Child Care Centers">
  <level label="a">
    <text>Except as otherwise provided in this subtitle, a person shall be licensed by the Department before the person may operate a child care center in this State.</text>
  </level>
  <level label="b">
    <text>This section does not apply to:</text>
    <level label="1">
      <text>The instructional program, curriculum, or teacher, principal, or administrator qualifications of a nursery school or a child care center that is operated by a religious organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code in a school building exclusively for children who are enrolled in that school;</text>
    </level>
    <level label="2">
      <text>A nonpublic nursery school operated by a tax–exempt religious organization that has been issued a certificate of approval by the Department;</text>
    </level>
    <level label="3">
      <text>A nonpublic nursery school operated by a tax–exempt religious organization that:</text>
      <level label="i">
        <text>Complies with the regulations adopted under this subtitle; and</text>
      </level>
      <level label="ii">
        <text>Has been issued a letter of compliance by the Department; or</text>
      </level>
    </level>
    <level label="4">
      <text>A program that is operated by a tax–exempt religious organization while the organization is conducting a religious service, business meeting, or other religious organization function in the organization’s building and which program is exclusively for children where parents are attending the service or meeting.</text>
    </level>
  </level>
  <level label="c">
    <text>Notwithstanding any other provision of law, if a child care center for school age children is operated before and after school hours in a building which is in use as a public or private school, the school age child care center:</text>
    <level label="1">
      <text>Shall meet local fire, health, and zoning codes required of school buildings; and</text>
    </level>
    <level label="2">
      <text>May not be required to meet any additional regulations relative to the physical plant beyond those imposed by the county or the local board of education with respect to that building.</text>
    </level>
  </level>
  <level label="d">
    <text>Notwithstanding the exemption under subsection (b)(4) of this section, a program that is operated by a tax–exempt religious organization while the organization is conducting a religious service, business meeting, or other religious organization function in the organization’s building and which program is exclusively for children where parents are attending the service or meeting shall:</text>
    <level label="1">
      <text>Comply with all applicable State and local fire, building, and zoning laws; and</text>
    </level>
    <level label="2">
      <text>Prior to the utilization of the program’s facility, be inspected by the State Fire Marshal, or local fire authority having jurisdiction, to ensure that the facility is in compliance with all applicable fire safety regulations.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>A person may not advertise a child care center unless the person is licensed to operate a child care center under the provisions of this subtitle.</text>
    </level>
    <level label="2">
      <text>An advertisement for a child care center shall state:</text>
      <level label="i">
        <text>That the child care center is licensed by the Department; and</text>
      </level>
      <level label="ii">
        <text>Except as provided in paragraph (3) of this subsection, the license number issued to the child care center by the Department.</text>
      </level>
    </level>
    <level label="3">
      <text>An advertisement for multiple child care centers operated by a single licensee shall state the license number of at least one of the child care centers that the licensee operates.</text>
    </level>
    <level label="4">
      <text>An employee of the Department charged with the investigation and enforcement of child care regulations, the State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal may visit the child care center, and the employee of the Department may issue a civil citation without any other evidence of unlicensed child care if:</text>
      <level label="i">
        <text>A person advertises a child care center that is not licensed under the provisions of this subtitle;</text>
      </level>
      <level label="ii">
        <text>The Department sends a warning letter to the person; and</text>
      </level>
      <level label="iii">
        <text>The person:</text>
        <level label="1">
          <text>Does not respond to the Department within 10 business days after the Department sends the warning letter; or</text>
        </level>
        <level label="2">
          <text>Responds to the Department in a manner that does not adequately address the charge in the warning letter.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <text>The State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal who visits a child care center under paragraph (4) of this subsection may take any action authorized under § 6–316 of the Public Safety Article, the State Fire Prevention Code, or a local fire prevention code.</text>
    </level>
  </level>
  <level label="f">
    <text>An employee of the Department charged with the investigation and enforcement of child care regulations may serve a civil citation to a person found in violation of this section.</text>
  </level>
</section>
