Sec. 20.
(1) The department shall not issue a temporary, provisional, or regular license to an adult foster care facility with a capacity of more than 6 adults until the facility receives a certificate of approval from the bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, after compliance with fire safety standards prescribed in rules promulgated by the bureau of fire services pursuant to section 10(2).
(2) The department shall not issue a license to an adult foster care facility indicating approval to operate a specialized program for developmentally disabled adults or mentally ill adults until the facility receives a certificate of approval as required under section 11(5).
(3) A licensee or applicant who is denied a certificate of approval by the bureau of fire services or who is denied or certified with limitations for a specialized program by the department may request a hearing. The hearing shall be conducted by the state fire safety board or the department, as applicable, under chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287.
History: 1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1986, Act 257, Eff. Mar. 31, 1987 ;-- Am. 2006, Act 201, Imd. Eff. June 19, 2006 ;-- Am. 2016, Act 525, Eff. Apr. 9, 2017 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.