Ariz. Admin. Code § 9-5-602

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-5-602 - Facility Square Footage Requirements

A. A licensee shall ensure that the facility meets the following square footage requirements for indoor activity areas based on the child care services classifications:

1. At least 35 square feet of indoor activity space for each infant and 1-year-old child;

2. At least 25 square feet of indoor activity space for each child who is not an infant or 1-year-old child; and

3. When 1-year-old children are grouped together with children older than 1-year-old children in the same activity area, at least 35 square feet of indoor activity space for each child.

B. When computing indoor activity space for subsections (A)(1) through (3) to determine licensed capacity, the floor space occupied by the following shall be excluded:

1. The interior walls;

2. A kitchen, bathroom, closet, hallway, stair, entryway, office, a room designated for isolating an enrolled child from other children, storage rooms, and a room designated for the sole use of child care staff; and

3. Room space occupied by teacher-caregiver desks, file cabinets, storage cabinets, and hand washing sinks for staff use.

C. To provide activities that develop large muscles and an opportunity to participate in structured large muscle physical activities, a licensee shall:

1. Provide at least 75 square feet of outdoor activity area per child for at least 50% of the facility's licensed capacity, or

2. Comply with one of the following:

a. If no enrolled child attends the facility for more than four hours per day, provide at least 50 square feet of indoor activity area for each child, based on the facility's licensed capacity;

b. If no enrolled child attends the facility for more than six hours per day, provide at least 75 square feet of indoor activity area per child for at least 50% of the facility's licensed capacity in addition to the indoor activity area required in subsection (A); or

c. Provide at least 37.5 square feet of outdoor activity area and 37.5 square feet of indoor activity area per child for at least 50% of the facility's licensed capacity in addition to the indoor activity area required in subsection (A).

D. A licensee substituting indoor activity area for outdoor activity area shall:

1. Designate, on the site plan and the floor plan submitted with the license application or request for approval of an intended change, the indoor activity area that is being substituted for an outdoor activity area; and

2. In the indoor activity area substituted for outdoor activity area, install and maintain a mat or pad designed to provide impact protection in the fall zone of indoor swings and climbing equipment.

E. An indoor activity area that is substituted for an outdoor activity area is not assigned a licensed capacity.

F. The Department shall review and approve or deny the request for exemption or substitution.

1. For a request that is part of a license application, the Department shall review the proposed exemption or substitution and provide written notice according to the procedures in R9-5-202.

2. For a licensed facility, within 30 calendar days after the date of the receipt of the request, the Department shall review the proposed exemption or substitution and provide written notice of the review to the licensee. If the proposed exemption or substitution:

a. Complies with A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter, the Department shall approve the proposed exemption or substitution; or

b. Does not comply with A.R.S. Title 36, Chapter 7.1, Article 1 or this Chapter, the Department shall provide the licensee with the requirements necessary to approve the requested exemption or substitution.

3. A licensee shall provide at least 75 square feet of outdoor activity area per child for 50% of the facility's licensed capacity, until the Department approves the exemption or substitution.

Ariz. Admin. Code § R9-5-602

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former R9-5-602 renumbered to R9-5-601; new R9-5-602 renumbered from R9-5-603 and amended by exempt rulemaking at 16 A.A.R. 1564, effective September 30, 2010 (Supp. 10-3). Amended by final expedited rulemaking at 24 A.A.R. 3429, effective 12/5/2018.