Rule 37.96.407 - INDOOR SPACE REQUIREMENTS(1) All licensed and registered child care providers, except RCE providers, must ensure there is at least 35 square feet of usable floor space per child who will be in a room at any one time. A provider may request a waiver from this rule with an alternate plan, such as when limited indoor space is offset by sheltered outdoor space.(2) Calculation of the required minimum 35 square feet of space per child must exclude food preparation areas of the kitchen, bathrooms, toilets, offices, staff rooms, corridors, hallways, closets, lockers, laundry areas, furnace rooms, cabinets, shelving, and other storage spaces.(3) When play and sleep areas for children are in the same room, a minimum of 35 square feet of usable space per child must be provided except for:(a) when large group activities, such as educational assemblies, occur; and(b) periods when children are using their rest equipment.(4) During sleep periods, the area must be sufficient to provide spacing between the children using sleep equipment.(5) The equipment and furniture arrangement must permit unobstructed floor area sufficient to allow play appropriate for each group of children in care.(6) In licensed child care facilities that include infants and toddlers, play areas for infants must be separate from play areas used by children over two years old, or not be used for any children over two years old while being used for children under two years old. Sleeping areas must be separate from play areas.(7) A licensed child care facility must have space, furniture, and equipment to provide for support functions, such as storage, food preparation, custodial services, laundry, and administrative office functions.(8) Facilities that use shared spaces should care for children in the licensed/registered, dedicated space most of the time.(9) Family and group child care providers must not use third stories in private homes for child care purposes; such stories must be barricaded or locked to prevent entry by children. The use of second or higher stories in commercial or apartment buildings is subject to fire and building code requirements.Mont. Admin. R. 37.96.407
NEW, 2024 MAR p. 738, Eff. 4/13/2024AUTH: 52-2-704, MCA; IMP: 52-2-702, 52-2-704, 52-2-723, 52-2-731, 52-2-734, MCA