1. A. An area of the home may be used for child care only if it:

   1. (1) Has been approved for use by the office;
   2. (2) Meets the requirements of all applicable fire codes; and
   3. (3) Does not have a condition that may pose a risk to the health, safety, or welfare of the children in care.
2. B. The space used for child care purposes may include space within the family living area of the residence.
3. C. A minimum of 35 square feet of floor space shall be provided for each child in care, except that a minimum of 30 square feet of floor space shall be provided for each child in a large family child care home that was licensed as a small center before December 1, 1971.

4. D. A child care home currently approved by the office to operate with less square footage per child than required by §C of this regulation may continue to operate with that reduced square footage as long as the:

   1. (1) Provider demonstrates to the satisfaction of the office the impossibility of complying with the minimum square footage required by §C of this regulation while maintaining the economic viability of the program; and
   2. (2) Office determines that the reduced square footage does not threaten the health, safety, or welfare of any child in care.

5. E. Calculation of the square footage of floor space provided for each child:

   1. (1) May include furniture and equipment routinely used for child care purposes, such as but not limited to infant high chairs, diapering stations, tables and chairs used for program activities, and open shelves for storage of items belonging to children in care or related to program activities; and
   2. (2) May not include any floor space, rooms, or areas within the area approved for child care that are not suitable or available for the daily program activities of the children, such as but not limited to columns, vestibules, corridors, and equipment or storage space reserved for used by a resident.

6. F. If approved to provide care for infants or toddlers, the provider shall designate space for mothers to breastfeed or express breast milk that:

   1. (1) Is not located in a bathroom;
   2. (2) Has access to an electrical outlet;
   3. (3) Has appropriate seating; and
   4. (4) Has access to running water.

Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; 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: February 6, 2012 (39:2 Md. R. 142)

Regulation .01 amended effective April 14, 2014 (41:7 Md. R. 423)

Regulation .03F adopted effective July 20, 2015 (42:14 Md. R. 884)

Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 17)

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 .12J adopted effective January 13, 2020 (47:1 Md. R. 17)

Regulation .13C amended effective January 13, 2020 (47:1 Md. R. 17)