§9.5–403.

    (a)    This subtitle does not supersede:

        (1)    Any right or power of the Maryland Department of Health or any local health officer;

        (2)    Any right or power of a county department of education;

        (3)    Any building code or zoning provision;

        (4)    Any right or power of the Administration within the Department of Human Services or any local department; or

        (5)    Any right or power of the Department of Human Services to regulate residential child care facilities.

    (b)    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.

    (c)    (1)    This subtitle does not apply to a child care center that:

            (i)    Serves only dependent children of military personnel; and

            (ii)    1.    Is located on a military base or federal property; or

                2.    Is certified as a child development program by a branch of the U.S. Department of Defense or the U.S. Coast Guard.

        (2)    The U.S. Department of Defense or the U.S. Coast Guard, or their agents, including an installation commander of a military base on which a child care center is located, may assume responsibility for approving or determining which children may be served by the child care centers that are exempt from this subtitle.