Sec. 16.
(1) Unless the city, village, or township approves a temporary license, a temporary license shall not be granted under this act if the issuance of the license would substantially contribute to an excessive concentration of community residential facilities within a city, village, or township of this state.
(2) A temporary license shall not be granted under this act if the proposed adult foster care facility for more than 6 adults has not obtained zoning approval or obtained a special or conditional use permit if required by an ordinance of the city, village, or township in which the proposed facility is located.
(3) The department shall not issue a temporary license to an adult foster care facility which does not comply with section 16a of Act No. 183 of the Public Acts of 1943, as amended, being section 125.216a of the Michigan Compiled Laws, section 16a of Act No. 184 of the Public Acts of 1943, as amended, being section 125.286a of the Michigan Compiled Laws, and section 3b of Act No. 207 of the Public Acts of 1921, as amended, being section 125.583b of the Michigan Compiled Laws.
(4) This section shall not apply to an applicant who has purchased a facility and the facility, at the time of the purchase, or for 1 year preceding the application, was licensed under this act or an act repealed by this act.
History: 1979, Act 218, Eff. Mar. 27, 1980 Compiler's Notes: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
Structure Michigan Compiled Laws
Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737)
Section 400.701 - Short Title.
Section 400.702 - Meanings of Words and Phrases.
Section 400.703 - Definitions; A.
Section 400.704 - Definitions; C to F.
Section 400.705 - Definitions; G to N.
Section 400.706 - Definitions; P to Q.
Section 400.707 - Definitions; R to T.
Section 400.715 - Temporary License; Adult Foster Care Congregate Facility.
Section 400.716 - Temporary License; Prohibitions.
Section 400.717 - Provisional License.
Section 400.718 - Special License; Rules.
Section 400.722b - Emergency Closure of Adult Foster Care Facility; Notification.
Section 400.722c - Summary Suspension Order for Closure; Departmental Duties; Temporary Advisor.
Section 400.723 - Repealed. 2018, Act 558, Eff. Mar. 28, 2019.
Section 400.725 - Contested Case Hearing; Judicial Review.
Section 400.726 - Name or Designation of Facility.
Section 400.728 - Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Section 400.729 - Providing Foster Care to Person Related to Licensee or Licensee's Spouse.
Section 400.731 - Violation as Misdemeanor; Prohibited Conduct.
Section 400.731a - Person Sentenced to Perform Community Service.
Section 400.732 - Notices Required.
Section 400.733 - Local Ordinances, Regulations, or Construction Codes.
Section 400.734 - Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Section 400.734a - Repealed. 2006, Act 29, Eff. Apr. 1, 2006.