8VAC20-780-310. Areas.
A. Indoor space shall be measured inside wall-to-wall excluding spaces not routinely used by children as referenced in subdivisions 1 and 2 of this subsection:
1. Areas not routinely used for children's activities shall not be calculated as available space.
2. Space not calculated shall include, but not be limited to, offices, hallways, restrooms, kitchens, storage rooms or closets.
B. There shall be 25 square feet of indoor space available per child until subdivisions 1 and 2 of this subsection take effect.
1. Effective June 1, 2008, applicants must have 35 square feet of indoor wall-to-wall space per child.
2. Current licensees and subsequent licensees at currently licensed facilities may continue to provide 25 square feet per child.
3. New additions shall have 35 square feet of indoor wall-to-wall space per child effective June 1, 2008.
C. Space in areas used by infants shall be calculated separately from space for older children. There shall be a minimum of 25 square feet of space per infant excluding space occupied by cribs and changing tables or a minimum of 35 square feet of available space per infant including space occupied by cribs and changing tables.
D. Camps for school age children are not required to meet this space requirement. However, when weather prevents outdoor activities, the required indoor space per child shall be provided either at the program site or at a predesignated, approved location off site.
E. When children are on the outdoor play area, at least 75 square feet of space per child shall be provided at any one time.
F. Centers licensed for the care of infants and toddlers shall provide a separate playground area for these children that has at least 25 square feet of unpaved surface per infant/toddler on the outdoor area at any one time. This space may be counted as part of the 75 square feet required in subsection B of this section.
G. A separate space shall be designated for children who are ill or injured.
Statutory Authority
§§ 22.1-16 and 22.1-289.046 of the Code of Virginia.
Historical Notes
Former 22VAC15-30-380 derived from VR175-08-01 § 4.7, eff. November 1, 1993; amended, Virginia Register Volume 12, Issue 4, eff. March 1, 1996; Volume 14, Issue 21, eff. September 1, 1998; Volume 21, Issue 12, eff. June 1, 2005; amended and renumbered as 22VAC40-185-310, Virginia Register Volume 29, Issue 1, eff. November 1, 2012; renumbered Volume 37, Issue 24, eff. July 1, 2021.