2013 Maryland Code
FAMILY LAW
§ 5-574 - License required; compliance with rules and regulations

§5-574.

(a) Except as otherwise provided in this Part VII of this subtitle, a person shall be licensed by the Department before the person may operate a child care center in this State.

(b) This section does not apply to:

(1) 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;

(2) a nonpublic nursery school operated by a tax-exempt religious organization that has been issued a certificate of approval by the State Department of Education;

(3) a nonpublic nursery school operated by a tax-exempt religious organization that:

(i) complies with the regulations adopted under this subtitle; and

(ii) has been issued a letter of compliance by the Department; or

(4) 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.

(c) 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:

(1) shall meet local fire, health, and zoning codes required of school buildings; and

(2) 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.

(d) 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:

(1) comply with all applicable State and local fire, building, and zoning laws; and

(2) 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.