(a) It shall be unlawful for any person, firm, corporation or association to conduct or maintain a maternity center or a child care facility for children under 16 years of age without having a license or temporary permit therefor from the secretary of health and environment. Nothing in this act shall apply to:
(1) A residential facility or hospital that is operated and maintained by a state agency as defined in K.S.A. 75-3701 , and amendments thereto;
(2) a summer instructional camp that is provided by a not-for-profit, school, verifiable nonpublic school or an employee of such school; or
(3) a person or group of persons providing educational activities for children ages pre-K through high school to such persons' children.
(b) Organizations or persons providing services defined as a day care in K.S.A. 65-503 , and amendments thereto, and not included in this section may apply for and be granted a waiver as allowed under this act.