310.1 The Director shall determine limitations on the license capacity using the following criteria:

(a) Occupancy limits established by the Department of Consumer and Regulatory Affairs and/or by the Department of Fire and Emergency Medical Services;

(b) Program space requirements, as provided in sections 340, 341, 342, 350, 353 and 355 of this Chapter;

(c) Lavatory requirements, as provided in section 361 of this Chapter; and

(d) Maximum adult/child ratios and group size requirements, as established in section 343 of this Chapter.

310.2 Any Facility desiring a change in its license capacity shall submit a written request to the Director, accompanied by written documentation verifying that the Facility can maintain compliance with the requirements of this Chapter if the change is granted.

SOURCE: Final Rulemaking published at 54 DCR 003793 (April 27, 2007).