D.C. Mun. Regs. tit. 29, r. 29-341
The indoor program space for infant and toddler activities shall contain a minimum of thirty-five square feet (35 ft2) per child of unencumbered instructional and/or play space, or a minimum of forty-five square feet (45 ft2) per child of encumbered instructional or play space measured on the inside wall-to-wall dimensions.
For the purposes of this section, "Unencumbered Instructional and/or Play Space" means program space that is free of permanent fixtures, architectural structures, equipment, bedding, and furniture that are unrelated to the program, and "Encumbered Instructional and/or Play Space" means program space that is restricted by permanent fixtures, architectural structures, equipment, bedding, or furniture that are unrelated to the program.
Children under the age of two (2) years six (6) months, as well as non-ambulatory children, may only occupy space on the street level, unless the Facility receives explicit written approval from the Department of Fire and Emergency Medical Services to care for such children on another level.
D.C. Mun. Regs. tit. 29, r. 29-341