<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".01" citation="COMAR 13A.16.01.01" title_num="13A" subtitle_num="16" chapter_num="01" heading="Scope.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Exemptions. This subtitle does not apply to:</text>
    <paragraph num="(1)">
      <text>A family child care home registered under COMAR 13A.15;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A youth camp, as defined by Health-General Article, §14-401(o), Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A child care service operated by the federal government or on federal property;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A public school during the hours in which an instructional program is offered;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A nonpublic kindergarten for children at least 5 years old during the hours in which an instructional program is offered;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A nonpublic elementary school during the hours in which an instructional program is offered;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Child care services provided in connection with a shelter housing individuals temporarily without residences, exclusively for the children of those individuals;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Programs that operate for 6 weeks or less in any calendar year; or</text>
    </paragraph>
    <paragraph num="(11)">
      <text>The instructional program, curriculum, and teacher, principal, and administrator qualifications of a:</text>
      <paragraph num="(a)">
        <text>Nursery school operated by a tax-exempt religious organization which does not have a certificate of approval from the State Board of Education; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Child care program operated by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>