1. A. In a nursery school that holds a certificate of approval to operate, or a letter of exemption from approval, that was issued by the State Board of Education before December 1, 1971, and is still in effect, a minimum of 30 square feet of floor space shall be provided for each child.
2. B. In a nursery school or child care program granted a letter of compliance after December 1, 1971, a minimum of 35 square feet of floor space shall be provided for each child.
3. C. The office may not approve a capacity increase for a child care program or a nursery school currently approved, and wishing to maintain approval, to operate with less than 35 square feet per child.

4. D. In calculating the square footage of floor space provided for each child, the following may not be included:

   1. (1) Any floor space, rooms, or areas that are not suitable or available for the daily program activities of the children, such as but not limited to columns, vestibules, and corridors, food preparation areas, kitchens, bathrooms, adult work areas, permanently equipped isolation areas or sleeping rooms, storage units, and storage space; and

   2. (2) Furniture, except for:

      1. (a) Children's chairs and tables which are nonfixed and multipurpose;
      2. (b) An adult-size rocking chair or other adult-size comfortable chair;
      3. (c) Moveable play equipment;
      4. (d) An adult-size couch; and
      5. (e) Open shelves for children's daily activities.

Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333;
Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)

Effective date: October 20, 2008 (35:21 Md. R. 1827)

Regulation .01A amended effective April 19, 2010 (37:8 Md. R. 619)

Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 16)

Regulation .10A amended effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .11C amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)

Regulation .12F adopted effective January 13, 2020 (47:1 Md. R. 16)

Regulation .13 amended effective January 13, 2020 (47:1 Md. R. 16)