# COMAR 13A.16.01.01: COMAR 13A.16.01.01. Scope

> Maryland · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_13A_16_01_01

## Section

- **Citation:** COMAR 13A.16.01.01
- **Heading:** COMAR 13A.16.01.01. Scope
- **Jurisdiction:** Maryland
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Maryland Regulations / Title 13A STATE BOARD OF EDUCATION / Subtitle 16 CHILD CARE CENTERS / Chapter 01 Scope and Definitions / COMAR 13A.16.01.01

## Text

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
on 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.

## Nearby sections

- [COMAR 13A.16.01.01 COMAR 13A.16.01.01. Scope](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_13A_16_01_01.md)
- [COMAR 13A.16.01.02 COMAR 13A.16.01.02. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_13A_16_01_02.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MD_COMAR_13A_16_01_01. Check the current official text before relying on it. Not legal advice.