Subp. 3. Agency. “Agency” means the county or multicounty social or human service agency governed by the county board or multicounty human services board. Subp. 4. Applicant. “Applicant” means the person seeking a license to be the primary provider of day care in the residence. Subp. 5. Building official. “Building official” means the person appointed in accordance with Minnesota Statutes, section 326B.133, to administer the State Building Code, or the building official’s authorized representative. Subp. 6. Caregiver. “Caregiver” means the provider, substitute, helper, or another adult giving care in the residence. Subp. 7. Child. “Child” means a person ten years of age or younger. Subp. 8. Commissioner. “Commissioner” means the Minnesota commissioner of the Department of Human Services or the commissioner’s authorized representative. Subp. 9. Day care. “Day care” means the care of a child in a residence outside the child’s own home for gain or otherwise, on a regular basis, for any part of a 24 hour day. Subp. 10. Department. “Department” means the Minnesota Department of Human Services. Subp. 11. Family day care. “Family day care” means day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence. Subp. 12. Fire marshal. “Fire marshal” means the person designated by Minnesota Statutes, section 299F.011 to administer and enforce the Minnesota Uniform Fire Code, or the fire marshal’s authorized representative. Subp. 13. Group family day care. “Group family day care” means day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence. Subp. 14. Helper. “Helper” means a person at least 13 years of age and less than 18 years of age who assists the provider with the care of children. Subp. 15. Agent of a community health board. “Agent of a community health board” as authorized under Minnesota Statutes, section 145A.04, means the designated representative of the state or community health board authorized to enforce state and local health codes. Subp. 16. Infant. “Infant” means a child who is at least six weeks of age but less than 12 months of age. Subp. 17. License. “License” means a certificate issued by the commissioner authorizing the provider to give specified services for a specified period of time in accordance with the terms in parts 9502.0315 to 9502.0445; Minnesota Statutes, chapter 245A; and the rules of the department. Subp. 18. Licensed capacity. “Licensed capacity” means the total number of children ten years of age or younger permitted at any one time in the residence. The
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